TRADEMARK
INTERIM INJUNCTION IN FAVOUR OF LOUIS VUITTON
The Delhi HC has issued an interim injunction against Spread
Home, barring the home décor company from using Louis
Vuitton's trademarked flower monogram on its products, such as
bed sheets and pillow covers. Louis Vuitton argued that the use of
its distinctive mark would confuse consumers into thinking there is
a connection between the two brands.
The Court held that Louis Vuitton would suffer significant harm
without the injunction, thus granting the French luxury brand a
temporary injunction preventing Spread Home from further selling
products bearing the monogrammed flower marks. The case will be
heard further in April 2025.
(1) Louis Vuitton Malletier v/s Spread Home Products Pvt Ltd. and ors. [CS(COMM) 1079/2024]
TRADEMARK
₹14 LAKH COSTS AWARDED IN COUNTERFEITING CASE
The Delhi HC has awarded ₹14 lakh in costs to the globally
recognized sports footwear and apparel brand New Balance Athletics
Inc. after a website, luxurytag.in, was found selling counterfeit
New Balance products. The defendants failed to appear in court or
contest the allegations. Further, the website openly admitted to
selling "replica" and "fake" items, including
footwear and apparel bearing the New Balance logo.
The Court ruled that the case was one of blatant counterfeiting and
trademark infringement, warranting exemplary costs. It was further
held that the defendant's actions not only violated New
Balance's trademark rights but also misled consumers and
damaged the brand's reputation in India.
TRADEMARK
DELHI HC STAYS MANGALAM KRUPA'S "JACK DANIEL'S" TRADEMARK REGISTRATION
The Delhi HC has temporarily stayed the registration of the
"JACK DANIEL'S" trademark filed by Manglam Krupa,
after Jack Daniels, the famous whiskey brand, argued that it
violated Sections 9(2)(a) and 11 of the Trade Marks Act,
1999.
Jack Daniels, the famous whiskey brand, has used the mark since
1895 in the alcohol industry and holds valid registrations in
India. It claimed that the new registration could cause confusion
and harm its reputation and the court agreed that the registration
could mislead the public and damage the brand's goodwill.
(1) Jack Daniels Properties v Manglam Krupa, C.O. (COMM.IPD-TM) 249/2024
TRADEMARK
INJUNCTION AGAINST PAAN SHOP SELLING FAKE MARLBORO CIGARETTES
The Delhi HC has issued a permanent injunction against a paan
shop, preventing it from using the 'Marlboro' brand and
'Rooftop' symbol, which were being used on counterfeit
tobacco products. Philip Morris, the owner of these trademarks,
argued that the shop had been exploiting the brand's reputation
to deceive consumers into thinking the products were
authentic.
The court noted that the shop's cigarette packaging closely
resembled Morris' official designs, and since the shop failed
to defend itself, the allegations of trademark infringement were
deemed admitted.
(1) http://Philip Morris Brands Sarl v. M/S Rahul Pan Shop & Ors [CS (COMM) 462/2-23]
COPYRIGHT
FLYING BEAST ORDERED TO REMOVE INFRINGING VIDEOS FROM HIS CHANNEL
The Bombay HC has issued a temporary injunction against YouTuber Gaurav Taneja, AKA 'Flying Beast', in a copyright infringement case filed by Castrol India Ltd. The court has restrained Taneja from using content related to Castrol's 'Castronomy' campaign. As part of the campaign, Castrol had commissioned Taneja to capture a zero-gravity flight experience, flying him to the US to record videos and photos under the brand's direction. However, Taneja later uploaded videos to his YouTube channel without crediting Castrol or promoting the campaign. Castrol accused Taneja of unauthorized use of its raw content and demanded payment for its delivery.
The court, while recognising Castrol as the producer of the raw data and collaborative content, ordered Taneja to remove the infringing videos and refrain from further copyright violations.
(1) Castrol India Ltd. vs. Gaurav Taneja & Anr. (Interim Application (L) No.35454 of 2024 in COMM IPR Suit (L) No.35287 of 2024)
TRADE SECRET
INSULET WINS $452 MILLION VERDICT IN TRADE SECRET THEFT CASE
Insulet Corp., a medical device company in Massachusetts, won a $452 million jury verdict in the U.S. District Court for the District of Massachusetts against South Korea's EOFlow Co. Ltd. The jury found that EOFlow stole four trade secrets related to Insulet's wearable insulin patch pump, OmniPod. The theft of three of these secrets was considered willful and malicious. The total award includes $170 million in compensatory damages and $282 million in punitive damages.
The dispute started in 2023 when Insulet filed a lawsuit after four of its former employees had joined EOFlow. Insulet claimed that EOFlow used stolen information to develop a competing product, which gained regulatory approval in South Korea and Europe. The jury sided with Insulet on all four claims, stating that EOFlow's actions were not only illegal but also egregious, justifying the large punitive damages.
(1) https://usaherald.com/insulet-wins-452m-jury-verdict-in-trade-secrets-battle-with-eoflow/
PATENT
MADRAS HC QUASHES IPO'S ORDER
The Madras HC recently quashed a 2019 order by the Indian Patent
Office, deeming it "non-speaking" for lacking sufficient
reasoning. The order had rejected a patent application related to
oncology treatments on the grounds that the invention lacked an
inventive step under Section 2(1) (ja) of the Patents Act and was
not patentable under Section 3(d) of the Act.
The court found that the Controller failed to address the
applicant's arguments and remanded the case for
reconsideration. The application is for the invention titled
"mTOR kinase inhibitors for oncology indications and diseases
associated with the mTOR/P13K/AKT Pathway".
(1) Signal Pharmaceuticals vs Deputy Controller of Patents [(T)C.M.A.(PT)No.145 of 2023]
GEOGRAPHICAL INDICATION
GI TAGS TO SEVEN PRODUCTS FROM ANDAMAN & NICOBAR
In a groundbreaking achievement, seven products from the Andaman and Nicobar Islands have been awarded Geographical Indication (GI) tags for the first time, marking a significant milestone for the region. The products include Hodi (an outrigger canoe), Nicobari Mat (Chatrai-hileuoi), Nicobari Hut (Chanvi Pati – Nyi hupul), Padauk Wood Craft, Andaman and Nicobar Coconut, Nicobari Tavi-i-Ngaich (Virgin Coconut Oil), and Andaman Karen Musley Rice.
The entire process was coordinated under the guidance of 'the GI man of India', Padma Shri Rajani Kant. The recognition underscores the unique cultural heritage of the Nicobarese and Karen people while safeguarding these products for the future.
(1) https://theprint.in/india/seven-products-of-andaman-and-nicobar-islands-get-gi-tags/2387529/
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