TRADEMARKS

The Delhi High Court in a case [1] restrained Shri Sharma Steeltech (India) Pvt. Ltd (STPL) from dealing in a variety of goods under the registered trademark ‘RATHI’ or from adopting any other mark or label which is identical or deceptively similar to the trade mark ‘RATHI’. Mr. Anil Rathi argued that the trademark ‘RATHI’ was owned by a Trust and STPL. However, STPL had Malahide licensed the mark ‘RATHI’ in favor of third parties/entities in blatant violation of the terms of the Trust Deed. The court held that a surname can be owned and used as a trademark if the same has become distinctive and acquired a secondary meaning in the business or trade circles.

The Delhi High Court in a case [2] suspended/blocked/deleted names /domain names/websites of www.newsaajtak.co.in and certain parties for using the words/expressions ‘AAJ TAK’. Living Media India Limited and Anr. (LMIL) argued that they are the owners of the trademark ‘AAJ TAK’ and its logo. Further, any use of the mark/logo will result in confusion amongst the public.

The Delhi High court in a case [3] restrained Radiant Indus Chem. Pvt. Ltd. (RICPL) from reproduction, adoption and imitation of the original works of Capital Food Pvt. Ltd. (CFPL) in respect of the trade dress, get up and packaging of the CFPL’s product. CFPL argued that it is the proprietor of trademarks such as SCHEZWAN CHUTNEY, CHING’S, CHING’S SECRET and engaged in manufacturing and marketing of a wide variety of dips, spreads, condiments, sauces, ready-to-eat food products, etc. for more than 25 years, and therefore these names have become synonymous with Desi Chinese cuisine in the country today.

The Delhi High Court in a case[4] issued summons to the Advanced Engineering solutions (AES) for infringing the  copyright of Dassault Systems & Ors (DS) in its software programs ie CATIA, SOLID WORDS AND SIMULIA. DS argued that AES has been using their above-mentioned software without obtaining a license from DS and impacting their statutory rights and business interest.

Telangana High Court ordered a complete stay on the release of footballer Akhilesh Paul’s biopic ‘Jhund’ in India, abroad, and on OTT platforms, owing to a copyright infringement claim. Nandi Chinni Kumar has claimed that they have the exclusive rights for the movie and rights were sold to them to make a documentary and not a commercial movie as is the scenario in the present case.

The Delhi High Court in a case[5] refused to allow Indoco Remedies Ltd. to manufacture and sell its product called 

APIXABID, a generic product of the formulation of APIXABAN, during the COVID-19 pandemic or to allow the sale of APIXABID already manufactured as the same would amount to an infringement of the patent held by Bristol Myer’s Squibb Holdings (BMS). BMS argued that it holds a patent for “Lactam- Containing Compounds and Derivatives” and any manufacture and sale of any pharmaceutical preparations of APIXABAN by any other party, during the life of the said suit patent, would infringe the patent.

 GEOGRAPHICAL INDICATION

 Chakhesang Women Welfare Society (CWWS) has filed a complaint against fashion designer Ritu Beri and the Tribal Co-Operative Marketing Development Federation of India (TRIFED), Ministry of Tribal Affairs, for alleged infringement of their registered Geographical indication in Chakhesang shawls.

 

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