Patent Infringement- Court awards damages Approx. 26 million USD
Introduction
“Familiarity breeds contempt” is an adage that finds resonance even today. The recent judgment rendered by the Hon’ble Delhi High Court in the matters of Communication Components Antenna Inc. v. Mobi Antenna Technologies (Shenzhen) Co Ltd & Ors., and awarding of damages worth Approx. 26 million USD (INR 217 crores) with interest @ 5% per annum from the date of the judgment till actual realization of the amount in favour of the Plaintiff (Communication Components Antenna Inc.) are pointers in that direction. While Innovation and corresponding exclusivity are the touchstones of patent rights, imitation in technology causes disruptions that are unfair and unethical.
The “Armour” Trademark Showdown
Introduction
“Our similarities bring us to a common ground; our differences allow us to be fascinated by each other” said Tom Robbins remarking on Universe and the need for peaceful coexistence, but little did he realize that similarity either in whole or in part might often breed contempt. In the recent case of Under Armour Inc v. Anish Agarwal Anr, the Hon’ble Delhi High Court highlights this intrinsic issue and an essential aspect of trademark jurisprudence concerning similarity/deceptive similarity of trademarks and draws attention to the never ending issue concerning the prominent part of a trademark and registration of part of a trademark.
Patent Licensing: Strategies for Effective IP Commercialization
The journey of a patent application does not end with its grant as a patent, rather it continues until it is commercialized. A good invention offers economic rewards to its inventors, e.g., earning returns by selling of the manufactured products in the market or licensing the patented technology to interested parties. However, if the invention is not good or useful for the public or is unable to work in a country due to technological limitations, the inventor or patent holder might be unable to make a profit out of it. Thus, a patent is a business asset that provides a protective shield, enabling a patent holder to use the patented invention commercially and reap its commercial benefits.
Demystifying Section 117A of the Patents Act
Introduction
This article relates to a judgement passed by the Hon’ble Bombay High Court on May 6, 2024, in response to a Petition filed by the Applicants, Sonalkumar Sureshrao Salunkhe and Kunal Sureshrao Salunkhe on December 22, 2021, against an order issued by the Assistant Controller in the Patent Application (Application No: 174/MUM/2015) filed on January 17, 2015, wherein the said application was deemed to be abandoned under Section 21(1).
Sustainability Seals: Understanding Green Trademarks and Greenwashing
It is correctly said that “Green is the new Black”. Products with labels including terms like “100% natural”, “sustainable” have become the new deal. Such products are preferred by environmentally sensitized customers thereby driving brands to adopt green trademarks and promote green marketing. From Puma to Godrej to Coca-Cola, a number of brands have adopted green trademarks, to exhibit their eco-friendly business practices that aligns with their corporate social responsibility.
In simple words, any trademark which emphasizes on being eco-friendly and sustainable can be termed as a green trademark. For example, Godrej has adopted and obtained registration for the tagline ‘Good & Green’ with an intent to produce ‘Good & Green products’ in order to fulfil their social responsibility of building a Greener India. Additionally, beauty brands like ‘Mama Earth’ and ‘Biotique’ are also covered under green trademarks.
Legal Insights on Pharma Trademark Similarity and Confusion
Introduction
Macleods Pharmaceuticals Ltd. (Macleods Pharma), invoking its rights in the previously used trademark ‘ALRISTA’, filed an infringement suit before the Delhi High Court against Alkem Laboratories Ltd. Macleods Pharma sought to prevent Alkem from manufacturing, selling, or promoting their pharmaceutical product under the trademark ‘ALSITA’, arguing that the trademarks ALRISTA and ALSITA are deceptively similar and likely to confuse patients and customers in the marketplace. The primary legal issue of this case revolves around the likelihood of confusion between the trademarks and the potential public health implications.
Establishing Goodwill: A Key Factor in Trademark Disputes
Introduction
Hon’ble Mr. Justice C. Hari Shankar, while deciding the case of Khadi and Village Industries Commission vs Girdhar Industries and Anr, established strict parameters to maintain a plea of passing off against a registered trademark. The Learned Single Judge emphasized on the importance of goodwill and reputation in cases relating to passing off actions, while adjudicating upon an interim relief concerning the use of the mark “KHADI”.
IPRS Hits All Right Notes by Demanding Royalty from Vodafone
Introduction
Music is the universal language that connects people from all over the world despite linguistic and cultural differences, soothes the soul, and rejuvenates the mind. It is one thing to hear it as an individual and an entirely different thing if the same music is used to reach out to masses unauthorizedly and make profit out of it. In the recent case of Vodafone Idea v. Saregama & Anr, the Hon’ble High Court of Calcutta upheld the rights of the author and issued an injunction order against Vodafone, including its officers, employees, agents, and representatives, as well as anyone acting on their behalf, and thereby prohibited them from performing, authorizing, or communicating to the public any part of IPRS’s collection of musical and literary works, or from committing any other act that infringed on IPRS’s copyright in these works, without obtaining a valid license and paying royalties to IPRS.