RNA Technology and IP Attorneys
The Delhi High Court’s recent judgment (Laksh Vir Singh vs. Union of India ) on the Right to be Forgotten marks a significant step in India’s privacy jurisprudence, especially in the context of digital accessibility and online discoverability. More importantly, it moves the doctrine beyond piecemeal recognition and lays down a structured framework for de-indexing...
A significant trademark dispute concerning medicinal products came before the Delhi High Court, involving two major pharmaceutical companies and raising important questions regarding deceptive similarity, dishonest adoption, prior user rights, and pharmaceutical trademark protection. The Plaintiff, Sanofi, proprietor of the anti-thrombosis drug sold under the mark PLAVIX, instituted proceedings a…
The Delhi High Court recently delivered a ruling concerning the intersection of trademark and copyright law while adjudicating a petition filed by Fortune Marketing Private Limited seeking cancellation of a copyright registration granted in favour of Gujarat Pesticides for the artistic work “ZOOOK.” The case raised significant questions regarding the extent to which copyright registration...
Can a brand command legal protection in India before it officially enters the market? The Delhi High Court’s recent decision in Toyota Jidosha Kabushiki Kaisha v. Tech Square Engineering Pvt. Ltd. answers this with a clear yes, provided the reputation had already spilled over into India. BRIEF FACTS Toyota challenged the registration of the mark...
The Kerala High Court reaffirmed the strong protection accorded to registered and well-known trademarks while dismissing an appeal filed by Taste Box against an interim injunction granted in favour of JSF Holdings Private Limited, proprietor of the mark “LAZZA.” The dispute centred around the Defendant’s use of the mark “HAZZA” for restaurant services and raised...
The Delhi High Court’s decision in Hindware v. Google marks an important development in the intermediary liability jurisprudence. By holding Google liable for trademark infringement through its AdWords program, the Court has narrowed the protective umbrella of “safe harbour” under Section 79 of the Information Technology Act, 2000. What makes this case truly significant is...
A Division Bench (DB, Two Judge bench) of the Delhi High Court recently set aside an injunction granted by the District Commercial Court, Tis Hazari, in a trademark dispute between the Plaintiff, Jiva Ayurvedic Pharmacy Limited and the Defendants, Anuradha Sharma and Ors, using the mark “Shatam Jeeva.” This note discusses the contentions raised by...
India’s Creator Economy Is Growing Fast but So Are Copyright Risks India’s creator economy has expanded rapidly, with influencers, startups, brands and independent creators relying heavily on reels and short-form videos to promote products and build visibility. Music plays a central role in making this content memorable and shareable. Yet one legal misunderstanding remains common:...
The Delhi High Court recently delivered a significant judgment in a trademark infringement dispute between Sun Pharma Laboratories Limited and Intas Pharmaceuticals Limited, reaffirming the heightened standard of scrutiny applicable in pharmaceutical trademark cases. The dispute revolved around the plaintiff’s registered mark “BEVETEX” and the defendant’s use of the mark “BEVATAS”, both in relati…
Logistics companies invest heavily in smarter ways to move goods, manage warehouses, predict delivery timelines, and optimise supply chains. As these systems become more sophisticated, a common question comes up: should the business try to patent the innovation, or keep it confidential as a trade secret? This is not always an easy choice. In logistics...
Introduction Does a court retain any power once it pronounces its final judgment? This question, rooted in the doctrine of functus officio, came up for consideration before the Delhi High Court in a trademark infringement action involving Mahindra and Mahindra Limited. The decision offers clarity on the limits of judicial power post-decree, particularly in the...
Introduction A Division Bench of the Bombay High Court recently considered an appeal arising from the refusal of interim injunctive relief in a trademark dispute between Minco India Private Limited and Minco India Flow Elements Private Limited. The case presents an intersection of trademark law principles with family business dynamics, highlighting how suppression of material...
This appeal before the Division Bench (two Judge Bench) of the Bombay High Court arose from an order of the Learned Single Judge granting an interim injunction in a trademark dispute. The plaintiff, Bhavesh Suresh Kataria, had instituted a suit against Kataria Insurance Brokers Pvt. Ltd., alleging trademark infringement and passing off, and sought to...
The Bombay High Court recently considered an interim injunction application in a trademark dispute between Rynox Gears and Steelite India, involving the competing marks “RYNOX” and “RHYNOX” in the motorcycle accessories market. The case raised questions of trademark infringement, passing off, prior use, and the consequences of inconsistent pleadings in commercial litigation. Background of the...
A contentious trademark dispute before the Delhi High Court between Novartis AG and the “Noviets” group of entities has resulted in the grant of an interim injunction restraining the Defendants from using the mark “NOVIETS.” The case presents a conflict involving allegations of trademark infringement, passing off, unfair competition, dilution, etc, in the pharmaceutical sector...
A recent decision of the Delhi High Court reiterates a fundamental principle of Indian trademark law, prior user rights prevail over statutory registration. In a dispute over the mark “ATHERMAL,” the Court set aside an injunction granted by the District Court and granted interim protection to the party claiming earlier use of the mark. Background...
The Division Bench of the Delhi High Court recently dismissed the appeal filed by Star Smith Export Private Limited and upheld the interim injunction granted in favour of A. O. Smith Corporation in a trademark infringement dispute. The dispute concerned the defendants’ use of the mark “STAR SMITH” in relation to products such as geysers,...
In a significant ruling concerning pharmaceutical trademark infringement, the Bombay High Court granted interim relief in favour of Laboratoires Griffon Private Limited, restraining the Defendants from using the marks “GLYNET” and “GLYZET” or any other mark deceptively similar to the Plaintiffs’ registered trademarks “GLIMET” and “GLIMET DS.” The Court also directed initiation of perjury proceedi…
The rapid proliferation of artificial intelligence technologies has ushered in an era of synthetically generated information (SGI), encompassing deepfakes, AI altered audio-visual content, and algorithmically manipulated media that blurs the line between reality and fabrication. In response, the Ministry of Electronics and Information Technology (MeitY) on 10th Feb amended the Information Technol…
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