Blogs

Let’s Google it !

3rd July, 2012 - 6:00 pm Categories: Trademark Litigation

David Elliot, from Arizona, owned 750 websites with domains like ‘googlegaycruises.com’ and ‘googledonaldtrump.com’ among many others. His argument was that he needed to use the word ‘google’ because he was developing an internet based business that will promote charity, commerce, community, relationships, personal health etc. He further stated that he did not register the domain … Continue reading Let’s Google it !

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Passing Off Action by Mid-Size Foreign Companies Having Unregistered Marks in India

2nd June, 2012 - 5:13 am Categories: Trademark Litigation

There are often cases that we undertake for representation, wherein the cases relate to enforcement of trademarks by/of mid-sized foreign corporations that have not been filed and/or used in India against Indian companies that have deceptively used their marks thereby constituting misrepresentation, which might amount to passing off. Rupkatha and Poorva, interns at Khurana & … Continue reading Passing Off Action by Mid-Size Foreign Companies Having Unregistered Marks in India

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Removal from Trademarks Register Due to Non-Use

19th May, 2012 - 11:22 am Categories: IP Practice in India Trademark Litigation

Is using and/or commercializing a registered Trade Mark really necessary in India or is simply sitting over it and renewing the same periodically enough to maintain the mark and gain from the protection it accords. Poorva Khandekar, an intern at Khurana & Khurana and 4’th year law student from KIIT Law School, Bhubaneswar explores the … Continue reading Removal from Trademarks Register Due to Non-Use

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Viacom vs. YouTube

22nd April, 2012 - 6:00 am Categories: Copyright Litigation

Technology seems to have found its place in the courtrooms also, these days. Viacom, an American global mass media company, sued YouTube, a video-sharing site owned by Google on the basis that YouTube had indulged in rampant intentional copyright infringement of videos which were originally owned by Viacom. This suit was for a mind boggling … Continue reading Viacom vs. YouTube

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Gucci vs. Guess

12th April, 2012 - 10:08 am Categories: Trademark Litigation

Copying has become quite common in today’s times, and especially when a lower priced product or a small company imitates an expensive brand. However, a trademark infringement fight between two top most fashion brands is not something that we usually see. Back in 2009, Gucci sued Guess for trademark infringement over the stylized initial “G”. … Continue reading Gucci vs. Guess

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First Compulsory License Grant in India to Natco

31st March, 2012 - 1:58 pm Categories: IP Practice in India News & Updates Pharma/Biotech Patent Litigations

The Controller General of India passed an order of compulsory license (CL) against Bayer’s patent on drug Nexavar on March 09, 2012, which is India’s first compulsory license and is resulting from India’s first CL application filed by Natco last year which was reported and discussed by us. The complete CL order is available at … Continue reading First Compulsory License Grant in India to Natco

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MORGARDSHAMMAR AB Vs. MORGARDSHAMMAR India Pvt. Ltd.

2nd March, 2012 - 6:04 am Categories: Trademark Litigation

Recently, the Honourable High Court of Delhi has restrained Modi Group’s MORGARDSHAMMAR India, a rolling mill equipment manufacturer, from using the MORGARDSHAMMAR trademark. The Court has granted Plaintiff MORGARDSHAMMAR AB a decree of permanent injunction against use of its trademarks or trade name by the defendants MORGARDSHAMMAR India. Justice A.K. Pathak issued a restraining order restraining India’s … Continue reading MORGARDSHAMMAR AB Vs. MORGARDSHAMMAR India Pvt. Ltd.

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Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

21st February, 2012 - 4:44 pm Categories: IP Practice in India Pharma/Biotech Patent Litigations

Dr. Vandana Shiva, an Indian Environmental Activist has lent her support to “No Patent on Seeds”, a European coalition, in opposing the European Patent EP1962578 granted to Monsanto in May 2011. The Patent claims a melon variety having resistance to Curcurbit Yellow Stunting Disorder Virus (CYSDV) with virus resistance traits taken from melon varieties found … Continue reading Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

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How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

4th February, 2012 - 10:31 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

Here I present another Practice Pointer series, useful for Indian API manufacturers (or to that matter for any country) who are innovating and patenting new and economical processes and novel intermediates thereof and want to capitalize on US Market. The Article will discuss the infringement under the United States Process Patent Legislation and judicial decisions … Continue reading How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

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Practice Pointer: Form 27 Requirement in India (Statement Regarding the Working/Non-Working of Issued Patents)

4th February, 2012 - 9:36 am Categories: IP Practice in India

It is needless to say that one core mandate of protecting one’s intellectual property is to promote the progress of science for the benefit of humankind. At the same time, it is also important to ensure that a patentee’s right of excluding others from making, selling, using, offering to sell, and importing the protected subject … Continue reading Practice Pointer: Form 27 Requirement in India (Statement Regarding the Working/Non-Working of Issued Patents)

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