Ranjan Narula

The Beverage companies take a Swing at each other

The case involves a dispute over the use of the trademark "SWING" for energy drinks. Hector Beverages Private Limited (Hector), claimed that they have been using the mark "SWING" since 2017 for juices and have acquired significant goodwill.

Protection of Engineering Drawings- Copyright Vs Design

Supreme Court recently examined interplay between copyright and design protection in a dispute concerning infringement of intellectual property rights regarding the design and manufacturing of internal parts of cryogenic storage tanks and distribution systems used for transporting industrial gases.

IP firm seeks to restrain former employees from disclosing confidential information

The case highlights that apart from claims of ‘trade secrets’ and ‘confidential information’ the attorneys working with a law firm are bound by attorney client communication being privileged and cannot be divulged to a third party under any circumstances.

Inaction for 14 years leads to Encouragement to use leading to Acquiescence concludes Madras High Co

The two pharmaceutical companies, Mankind Pharma Limited (Petitioner), and Micro Labs Limited, (Respondent) are at loggerheads over the trademarks "DOLOBAN" and "DOLOBENE," both associated with pharmaceutical products.

Non-Use Cancellation Action under the Indian Trademarks Act: An Overview of Provisions and Procedure

The Indian Trademarks Act, 1999, provides a comprehensive legal framework for the registration, protection, and enforcement of trademarks in India. Among its provisions, the Act includes mechanisms to challenge and cancel trademarks that are not in use.

Music composer has no right to license Musical Rights

Saregama India Limited (Saregama) filed a suit against Vels Film International Limited (Defendant no 1) and others, at the Delhi High Court, for infringing its copyright in the song “En Iniya Pon Nilave” from the film “Moodu Pani” by using it in the film “Aghathiyaa”.

The Division Bench holds, Bar Council Rules and the Advocate’s Act do not Prohibit, the Gift of Good

The appeals before the Delhi High Court challenged the correctness of judgments by the Income Tax Appellate Tribunal (ITAT) regarding the assessment years 2009-10 and 2011-12.

Madras High Court rules in favour of ‘Poomex’ and restrains ‘Poomak’

The legal battle between Poomex Clothing Company, a long-time user and registered proprietor of the trademark ‘Poomex’ for inner garments since 2003, and S. Thirumurugan before the Madras High Court revolves around allegations of trademark infringement, passing off, and damages.

Abstract Theory not supported by Scientific Evidence lacks Novelty and Inventive Step

The appellants through this Appeal before the Delhi High Court sought to overturn a decision by the Assistant Controller of Patents and Designs refusing their patent application.

Letters Rogatory, a Valuable Tool for the Collection of Evidence across Borders.

The case highlights a) the importance of international judicial cooperation and the role of Letters Rogatory in obtaining evidence across borders b) how the Hague Convention facilitates access to evidence in foreign jurisdictions.

Supreme Court stays Bombay High Court’s Injunction against ‘Burger King’ outlet in Pune.

The Supreme Court of India has provided relief to the appellants, Ms. Anahita Irani and Mr. Shapoor Irani, by staying the Bombay High Court's order that had prohibited them from using the 'Burger King' trademark for their restaurant business.

Public Interest Prevails - Roche Denied Injunction in Patent Dispute

F. Hoffmann-La Roche AG (Roche) brought a Patent infringement case, at the Delhi High Court, against Natco Pharma Limited (Natco).

Prior Use takes precedence in 'BILTEN' and 'BELATIN' trademark clash

The Madras High Court adjudicated a trademark dispute between Apex Laboratories Pvt. Ltd., the plaintiff, and Macleods Pharmaceuticals Limited, the defendant.

STREAX Prevails in STREAK STREET Brand clash.

Bombay High Court, ruled in a recent trademark dispute where both parties were operating in cosmetics sector. Hygienic Research Institute Pvt. Ltd. ) sought interim relief against Chandan and Shah Trading LLP and others alleging infringement and passing off of its well-established trademark.

Jay Switches India Pvt Ltd vs. Sandhar Technologies Ltd & Ors

The subject matter of the patent in this case is an “Air Tight Fuel Cap”. The patent, registered as patent no. 427110, involves a fuel cap designed to be secured intermittently to a fuel filler neck attached to an inlet of a feed oil pipe.

Navigating the Complexities of ‘HealthWashing’: Legal and Regulatory Perspectives in India

Healthwashing refers to marketing strategies that make products appear healthier by highlighting certain ingredients or qualities, while downplaying or omitting other less desirable aspects.

Madras High Court cancels registration of ‘CIT’ mark denies claim of ‘honest and concurrent’ use.

The case involves a dispute between V. Rangasamy Naidu Educational Trust (Petitioner) and Parthasarathy Seniammal Educational Trust (Respondents) over the use of the trademark “CIT” in the field of education.

‘VARUN’ or ‘ARUN’ ice cream- Are they confusing?

Hatsun Agro Product Limited (Petitioner) sought to remove the trademark ‘VARUN’ used by the Respondent Balakrishnan Nair for ice creams, claiming it was similar to their trademark ‘ARUN’ used by them since 1970.

Wipro stopped from using EVACARE brand

The case revolves around the use of the trademark “EVECARE”. Himalaya Wellness Company (Himalaya) claims to be using the mark since 1998 for their ayurvedic proprietary medicine targeted towards women for menstrual disorder.

Regulating Greenwashing or Misleading Environmental Claims

Consumer Protection Authority of India has come up with The Guidelines for Prevention and Regulation of Greenwashing or Misleading Environmental Claims, 2024. These guidelines are an extension of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisement

Madras High Court cancels registration of LEGO for confectionery

This case revolves around a trademark dispute between a globally renowned toy and games manufacturer, Lego Juris (the Petitioner) seeking to cancel the registered marks containing LEGO of a confectionery producer, Gurumukh Singh (the Respondent).

Madras High Court - the battle ground for ‘KCP’ as a company name

The case illustrates the interplay between different legal provisions, such as Section 16 of the Companies Act, 2013, and Section 35 of the Trademarks Act, 1999.

Court upholds validity of Lock-in period in an Employment agreement

The court’s decision sets important legal precedents for employment contracts in India, particularly regarding the enforceability of lock-in periods and the arbitrability of related disputes.

Star shines over Star Plastics in a Dispute over the Trademark ‘STAR’

The Court found that while neither party could claim exclusive rights to the common term ‘STAR’ the Petitioner demonstrated prior use and distinctiveness in its mark.

Registration of a same or similar Design in a foreign country, may not amount to publication- Calcut

It is a settled principle of law that a registered Design can be cancelled on the ground that the same has been published in India or any other country before the date of registration. Calcutta High Court examined this issue in an Appeal from the order of the Controller of Patents & Designs.

Bombay High Court: Copyright registration of a label not mandatory

The parties in Sanjay Soya Private Limited v Narayani Trading Company dealt in refined edible oil products and the dispute arose concerning the use of packaging.

Prior use turns the scales in favour of Cremo

Two entities dealing in milk and dairy products vie for rights in the mark/name CREMO before the Punjab & Haryana High Court. The Plaintiff, Cremo S.A., filed the suit before the District Court, Faridabad (Haryana), against the Defendants, Cremo Netureal Milk LLP & another, alleging passing off.

Snapdeal has no criminal liability for the sale of SUHAGRA-100

The ruling of the single judge of Karnataka High Court holding that an e-commerce marketplace being an ‘intermediary’ is not liable for any action or inaction on the part of a vendor/seller has come as a significant relief for e-commerce portals and their directors/officers.

Adoption of similar packaging for SELECT FLAKE cigarette boomerang on Godfrey

The two dominant players in cigarette category ITC Limited, (ITC) and Godfrey Philips (India) Limited (Godfrey) are pitted against each other over the use of mark FLAKE, and its packaging.

Amendments to Consumer Protection Act- what Brand owners must know!

To modernize the law relating to consumer protection and to enlarge the scope of the existing law and make it more effective and purposeful, the Consumer Protection Act 2019 has replaced the old Consumer Protection Act, 1986.