Close to two years after Merck filed a suit for injunction against Glenmark and after a quite a struggle, MSD has finally been granted an injunction and Glenmark has been restrained from making and marketing its versions of the drug. The Delhi High Court laid down a detailed analyses of the facts and came to the conclusion that the Glenmark had infringed MSD’s patented drug.
If you are a wrestling fan, you would have definitely heard of John Cena, Randy Orton, The Rock, Cm Punk, Undertaker, Shawn Michaels, The Great Khali, Rey Mysterio, HHH, Edge etc. As a fan of these mega stars, you would have purchased many merchandise to be more like them and also would have made sure that you bought the original ones and not the replicas. But are you certain that what you are buying is in fact the original piece? More often than not, retailers import few pieces of original goods and use those to manufacture fake ones which, for a layman, will look exactly like the original. This is what happened in a recent case between World Wrestling Entertainment and Savio Fernandes & Ors.
Recently, the Bombay High Court heard two appeals together to rule on the same point of law, i.e., whether the Court could go into the question of validity of the registration of a trade mark at an interlocutory stage when the defendant takes up the defense of invalidity of registration of the plaintiff’s trademark in an suit of infringement.
Most of us are aware that Micromax launched its new series of smartphones under its CyanogenMod based Yu brand recently. But not all of us are aware that Micromax fought a tough battle to be the exclusive users of this version (CyanogenMod)
Registering a trademark is only the first step. What is more challenging is to be wary all those conflicting marks out there in the market trying to make a place for themselves. At the outset, in a suit of trademark infringement or passing-off, the two probable reliefs that can be sought are an injunction and then damages. This is apart from an account of profits (any likely profit that the defendant has made by using the infringing mark) and delivery of any goods (goods in the possession of the defendant containing the infringing mark) with the infringing mark which can also be prayed for in such cases. I hope to bring clarity through this three-part post dealing extensively with conditions for grant of temporary injunction and various kinds of damages granted by courts in cases relating to trademark infringement and passing-off.
It seems to have become a norm in India these days to rake up some controversy before a film’s release. It is almost always either intellectual property (copyright or trademark) violation or defamation. This time apparently it is both!
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