IPR Weekly Highlights (39)

Lex Mantis

Contributor

Lex Mantis
Jindal India Limited ("Plaintiff") filed a suit alleging the infringement of their JINDAL marks (both word and device) by Rawalwasia Steel Plant Private Limited ("Defendant") who are using a similar mark "HINDJAL HISAR" (Impugned Mark) for galvanized, black steel tubes and pipes.
India Intellectual Property
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TRADEMARK

DELHI HIGH COURT GRANTS INTERIM INJUNCTION IN JINDAL TRADEMARK INFRINGEMENT CASE

Jindal India Limited ("Plaintiff") filed a suit alleging the infringement of their JINDAL marks (both word and device) by Rawalwasia Steel Plant Private Limited ("Defendant") who are using a similar mark "HINDJAL HISAR" (Impugned Mark) for galvanized, black steel tubes and pipes. According to the Plaintiff, the Impugned Mark is phonetically, visually and deceptively similar to the Plaintiff's JINDAL marks, and the Impugned Mark is also being used in relation to similar goods as those of the Plaintiff. The Plaintiff's registered trademarks have been in continuous use since 1932. According to the Plaintiff, the Impugned Mark is deceptively similar and has the potential to cause confusion and harm to their business. The Defendant has withdrawn their application after being served the plaint. Despite this, the Plaintiff sought an injunction against any future applications. The Hon'ble Court granted the interim injunction and directed the Defendant to refrain from using any such similar trademark.

(1) https://www.scconline.com/blog/post/2024/07/16/delhi-high-court-grants-injunction-favour-jindal- india-limited-infringement-jindal-marks-legal-news/

TRADEMARK

BOMBAY HIGH COURT GRANTS AD INTERIM RELIEF TO SUN PHARMA IN TRADEMARK INFRINGEMENT CASE

Sun Pharma Laboratories Limited (hereinafter referred to as "Plaintiff") filed a suit against Arbour Biotec Private Limited (hereinafter referred to as "Defendant") for the infringement of its 'QUTIPIN' trademark. The Defendant used the similar mark 'QTAPIN' for selling of its products. Plaintiff has been using the trademark since 2002, further, Defendant's mark was found to be identical and deceptively similar to 'QUTIPIN'. In light of this, the Bombay High Court issued an ex-parte ad-interim injunction order restraining the Defendant from selling their products under the infringing mark.

Reference:

(1) https://bwlegalworld.com/article/bombay-hc-grants-ex-parte-ad-interim-relief-to-sun-pharma-in-trademark-infringement-case-526503

TRADEMARK

NIKE ACCUSED THE SHOE SURGEON OF TRADEMARK INFRINGEMENT

Nike, has accused a custom footwear brand, the Shoe Surgeon, (hereinafter referred to as "Defendant") of using its trademarks, counterfeiting iconic Nike products, and mass customization of the brand without authorization. According to Nike, the Defendant's designs are misleading consumers to believe that these are Nike's collaborations and thus creating confusion regarding the source, quality, etc. of Nike products. Nike also found an issue with the Defendant's academy, where they teach individuals to create customized Nike brand shoes, which may further exacerbate the issues of infringement and counterfeiting. Nike seeks compensation of 60 million dollars which is the estimated profits earned by the Defendants.

Reference:

(1) https://www.complex.com/sneakers/a/victor-deng/nike-suing-shoe-surgeon-trademark-infringement

COPYRIGHT

FIR FILED AGAINST ACTOR RAKSHIT SHETTY OVER COPYRIGHT VIOLATION

Naveen Kumar M. of MRT house (hereinafter referred to as "Complainant") has filed a copyright violation complaint against Kannada actor and filmmaker, Rakshit Shetty, and his production house Paramvah Studios for unauthorisedly using two songs Omme Ninnannu and Nyaya Ellide, whose rights lie with the Complainant, in Rakshit Shetty's movie 'Bachelor Party' without proper permission. Based on the present complaint theYeshwanthapura Police have registered the FIR against the actor and his production house.

(1) https://www.thehindu.com/entertainment/movies/fir-against-rakshit-shetty-and-his-production-house-for-copyright-violation/article68405832.ece

PATENT

ZYDUS AND TAKEDA ENTER INTO NON-EXCLUSIVE PATENT LICENSING AGREEMENT

Ahmedabad-based Zydus Lifesciences Limited has entered into a non–exclusive patent licensing agreement with Takeda Pharmaceutical Company. The purpose of the agreement is to allow Zydus to market the novel Potassium Competitive Acid Blocker (P-CAB) "Vonoprazan" in India under the brand 'Vault' for the treatment of Gastroesophageal Reflux Disease (GERD). The Drugs Controller General of India (DCGI) has approved Vonoprazan for the treatment of GERD. The drug has a novel mechanism as it inhibits the potassium ions binding in the stomach, therefore providing a novel treatment for GERD. In addition to this, Mankind Pharma has also entered into a similar non-exclusive patent licensing agreement to commercialize Vonoprazan under its trademark.

(1) https://www.business-standard.com/markets/capital-market-news/zydus-enters-into-non-exclusive-patent-licensing-agreement-with-takeda-124071700568_1.html

PATENT

QUALCOMM SUED TRANSSION HOLDINGS OVER PATENT INFRINGEMENT

The US-based Qualcomm filed a suit for infringement of its mobile technology-related patents against Chinese Smartphone Company, Transsion Holdings. Qualcomm claimed that Transsion is exploiting Qualcomm's technologies such as mobile connectivity, battery management, and device performance, without taking the necessary licenses. A representative of Transsion Holdings stated that the company is willing to enter into friendly negotiations with the patent holders for the IP license deal. The suits have been filed in India, China and Europe.

(1) https://timesofindia.indiatimes.com/technology/tech-news/qualcomm-sues-maker-of-infinix-tecno-and-itel-smartphones-heres-why/articleshow/111729390.cms

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