TRADEMARKS

The Delhi High Court in a case [1] restrained Bakewell Biscuits Private Ltd from unauthorizedly using trademark ‘RED HORSE’ or any other deceptively or confusingly similar mark to the trademark owned by Red Bull in their candies and confectionery items. Red Bull argued that the other side’s mark is identical to the prior and wellknown mark ‘RED BULL’ in respect to font, stylization and colour combination with Blue/Silver Trapezoid Device and the device of two animals in charging position with a yellow backdrop/ sun disk.

The Delhi High Court in a case[1] retrained the Butterfly Gandhimathi Appliances from manufacturing, selling, offering for sale, advertising, directly or indirectly or in any manner dealing with the products using the impugned mark ‘PEBBLE‘ or any other trade mark/label, which is identical or deceptively similar to the registered trademark/label PEBBLE of V Guard Industries Limited.

The Delhi High Court in a case [1] has issued a show cause notice to one Amit Jain asking why proceedings for contempt be not initiated against them for making a false statement before the Court on 18th February, 2021 regarding usage of the mark in an infringement suit for the trademarks, ‘NEHAL’ and ‘SNEHA’ or any other mark which is identical/deceptively similar to the trademark ‘NEHA’.

 

COPYRIGHTS

The Delhi High Court in a case [1] restrained the other side from unauthorizedly storing, reproducing, communicating, disseminating, circulating, copying, selling, offering for sale or making available copies of the cinematograph film ‘Radhe: Your Most Wanted Bhai’ to the public at large on several social media platforms, including ‘WhatsApp’, stating that ‘Zee Entertainment Enterprises’ is the exclusive licensee and holder of the exploitation and exclusive rights of the film. Zee Entertainment argued that the other side made/created/stored several infringing/illegal copies or video clips of the movie available for illegal and unauthorised viewing, download and storage to the general public by several social media platforms infringing Zee Entertainment Enterprise’s Copyright in the film. The Delhi High Court directed suspension of WhatsApp accounts used for this purpose. The Delhi High court in a case [2] restrained social networking platforms WhatsApp and Telegram and certain individuals from allegedly illegally circulating e-papers of Bennett, Coleman and Company Ltd on their respective platforms considering it violative of Copyright of Bennett Coleman and Co (BCC). BCC contended that e-papers of Times of India and Nav Bharat Times were being circulated on various WhatsApp groups and Telegram without any authority and this amounts to infringement of its copyright. 

PATENTS

Panacea biotech has filled patent infringement suit[1] before the Delhi High Court against France based pharmaceutical MNC, Sanofi Healthcare India accusing the latter of infringing Panacea’s patent on its fully liquid Hexavalent Vaccine sold as ‘EasySix’ vaccine which is used to vaccinate against Diphtheria, Tetanus, Whooping Cough, Hepatitis B, Haemophilus influenza Type B and Inactivated Polio. Panacea Biotec is seeking to restrain Sanofi Healthcare India from marketing the ‘EasySix’ vaccine in India. However, Sanofi has submitted to the Court that it does not manufacture or market any product which infringes the amended claims of the Panacea patent.

Natco Pharma Limited (NPL) has announced that it has signed an agreement with Eli Lilly and Co, for manufacturing and commercialization of the drug Baricitinib for Covid-19 indication in India. As part of the agreement, NPL has withdrawn its application filed with the Indian Patent Office (IPO) recently, seeking the issue  of Compulsory License against Eli Lilly for the manufacture of Baricitinib.

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