Tag: infringement

Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors

The case H&M; Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors is based on the point of having a similar trademark to that of another brand. The harm it causes to the reputation of one brand which another brand has adopted is one of reputation. The Plaintiff, in this case … Continue reading Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors

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Should Ever-Greening Of Patents Prohibit Affordable Drugs?

A patent1 is given to a novel invention having utility value and does not appear obvious to a person skilled in the art. It is one of the important intellectual properties having tremendous economic potential. It awards economic monopoly (right to produce, sell, licence, import, assign, and use) to the patentee for a limited period … Continue reading Should Ever-Greening Of Patents Prohibit Affordable Drugs?

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Injunctions Against Sale of Lingaliptin

Analysis of Boehringer Ingelheim Pharma GmbH v/s Tanmed Pharma and other orders Plaintiffs: Boehringer Ingelheim Pharma GmbH & Co. KG & Boehringer Ingelheim (India) Pvt.Ltd. (“the plaintiff”/“Boehringer”) Defendant:Tanmed Pharma India Private Limited(“the defendant”) Coram: Dr. Justice G. Jayachandran Date of Judgment: 21st January 2020 Facts of the Case: The plaintiff is a multinational company involved … Continue reading Injunctions Against Sale of Lingaliptin

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Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

IP rights are proprietary rights granted to protect original products of creation. They are intended to encourage and reward creativity and fair competition in the marketplace. IP rights can be relied upon to prevent others from using one’s trademark, patented invention, copyright work, or design without consent. IP is territorial in nature and exists for … Continue reading Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

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Louis Vuitton Malletier vs. Iqbal Singh and others

Louis Vuitton is a luxury retail company and one of the top fashion houses in the world. The logo ‘LV’ is a protected trademark. All the products are monogrammed with the trademark LV making it one of the most valuable brands in fashion. A suit for injunction was filed by Louis Vuitton Malletier (India) against … Continue reading Louis Vuitton Malletier vs. Iqbal Singh and others

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Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

Fluentgrid Limited, Plaintiff, is a Indian company, which has been carrying out its business in India since the year 1998. It is engaged in providing information technology services through Smart Grid Products under its registered trademark, “mpower” and domain name www.fluentgrid.com, along with its website www.nxter.io, which is its cloud solution for energy retailers. The … Continue reading Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

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Trademark Suit Filed For Infringement/ Passing Off Was Successful At the First Stage

(L’AirLiquideSocieteAnonyme  pour  l’etude  et l’exploitation  desprocedes  Georges  Claude  and Anr vs. Liquid air & Ors.)  L’AirLiquideSocieteAnonyme  pour  l’etude  et l’exploitation  desprocedes  Georges  Claude  and Anr, Plaintiff No. 1, a company incorporated under the laws of France and operating in Indian territory through Air Liquide India Holding Private Limited,  Plaintiff no. 2 under the trade name … Continue reading Trademark Suit Filed For Infringement/ Passing Off Was Successful At the First Stage

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Importance Of India As A Target Country For Design Registration

India has witnessed a long journey since 2000, when its GDP at 46,214.68 crores INR started to rise phenomenally to almost five times, to around 2.26 Lakh Crore INR in 2016 [1]. Since contribution towards it can be traced back to three major sectors of economy, mainly, agrarian, manufacturing and service sector, it is reasonable … Continue reading Importance Of India As A Target Country For Design Registration

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Fashion And Trademarks: The Clothing Controversy

Much like the trends on a ramp evolve every season, in the same way legal strategies of the industry’s leading fashion brands, fashion-houses and designers are in flux. Fashion is something to which each one of us relates. It is a part of everyone’s daily life; be it in the form of apparels or shoes … Continue reading Fashion And Trademarks: The Clothing Controversy

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Referential Names & Intellectual Property Infringement

With progression of time we are witnessing the rise of Intellectual Property (IP) issues in India across industries. Every new case raises a few new questions and simultaneously rests some old ones. While traditionally IP disputes arose mainly in the pharma  and software industries, recent trends have shown a noticeable surge in other industries including … Continue reading Referential Names & Intellectual Property Infringement

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