Our Associate, Anand Kumar discusses “Every Green And Yellow Colored With Double Dimple Designed Soap Is Not Dettol: Delhi High Court” The Delhi High Court denied an interim injunction to RB Health (US) LLC and Anr. (“Plaintiff”) who sought to restrain Dabur India Ltd (“Defendant”) from using a shape of a soap bar bearing the […]
Rules of Procedure Are Hand Maiden To The Ends Of Justice: IPAB
Our Associate, Anand Kumar discusses “Rules of Procedure Are Hand Maiden To The Ends Of Justice: IPAB” “The Rules of Limitation are not meant to destroy the rights of parties but to ensure that the parties do not resort to dilatory tactics” observed the Intellectual Property Appellate Board (IPAB), in an appeal preferred by the […]
Magical Combat Of Noodles
Our Associate, Anand Kumar discusses “Magical Combat Of Noodles” Recently, in ITC Limited vs Nestle India Limited (C.S.No.231 of 2013), the Madras High Court denied a permanent injunction to ITC Limited (“Plaintiff”). In this case, the Plaintiff sought to restrain Nestle India Limited (“Defendant”) from using the mark MAGICAL MASALA in respect of noodles. The […]
Intermediaries’ Liability In Defamation Tussle
Our Associate, Anand Kumar discusses “Intermediaries’ Liability In Defamation Tussle “ On June 2, 2020, the Delhi High Court, in Sasikala Pushpa v. Facebook India & Ors., decided an important question concerning the role and liability of intermediaries in the context of defamation. The court clarified that intermediaries defined under the Information Technology Act, 2000 […]
AMADAY v. ANADAY
Our Associate, Anand Kumar discusses “AMADAY v. ANADAY” The Hon’ble Delhi High Court, in an order dated May 6, 2020, refused to pass an order of interim injunction in favour of Ajanta Pharma Ltd. (“Plaintiff”) against use of the mark ANADAY by Zuventus Healthcare Ltd (“Defendant”) on and in relation to breast cancer medication. [Ajanta […]
An Attempt to Strike Balance in Between E-commerce Business and Direct Selling Entities’ IP Rights
Recently in Amazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. &Ors. FAO(OS) 133/2019 and CM APPL. 32954/2019, while setting aside a Single Judge decision, a two-judge bench addressed key issues concerning e-commerce portals and Direct Selling Entities (“DSE”) such as Amway. Amway India Enterprises Private Limited and other DSEs (“Plaintiffs/Respondents”) had filed […]
Doctrine Of Estoppel By Acquiescence
Recently in Make My Trip (India) Private Limited vs. Make My Travel (India) Private Limited CS(COMM) 889/2018, I.As. 6896/2018 & 8837/2018, the Hon’ble Delhi High Court discussed the ‘doctrine of acquiescence” under the law on trade marks. The Plaintiff, Make My Trip (India) Private Limited, filed a suit against use of the marks MAKE MY […]
