Region: India

The burden of proving trademark infringement is lighter in cases involving medicinal drugs - especially Schedule-H drugs, which can be sold only by medical prescription. 

03 June 2024

The court found that the defendants’ use of the mark VIGOURA in relation to homeopathic medicine amounted to infringement and passing off of Pfizer’s registered mark VIAGRA.

30 May 2024

In this dispute over use of the ENERZY mark for an energy powder, the court had to interpret an agreement entered into by the parties in relation to the transfer of various trademarks upon payment of the agreed consideration. 

28 May 2024

Section 35 of the Trademarks Act prohibited the plaintiff from interfering with the defendants’ use of their own mark, provided that such use was in good faith.

23 May 2024

Although damages were not granted in this case, the grant of partial costs to the plaintiff should encourage similar actions. 

21 May 2024

INTA has filed an amicus brief disagreeing with the court’s interpretation of ‘article’ under the Indian Designs Act, arguing that a recent decision could leave granted designs vulnerable to cancellation. 

09 May 2024

In this dispute between rival IT services and consulting companies, the court issued an ex parte injunction preventing Cognizant from infringing in any manner Atyati’s copyright in its device.

08 May 2024

Partners at gold-ranked law firms in India offer advice for a successful trademark litigation strategy. 

02 May 2024

The decision provides a through discussion of the ‘anti-dissection’ and ‘common to the trade’ rules. 

02 May 2024

The court passed a summary judgment and awarded costs in favour of Banyan Tree Holdings, as the defendants had failed to appear and file written statements despite being served with the suit. 

24 April 2024