Skincare Brand Clash – Delhi High Court Denies Exclusive Right To Forest Essentials For The Word ‘Forest’.
Written by Anna Maria Joseph, Legal Intern and Verified by Sunil Jose, Managing Attorney, Suns Legal MOUNTAIN VALLEY SPRINGS INDIA PRIVATE LIMITED v. BABY FOREST AYURVEDA PRIVATE LIMITED (FORMERLY KNOWN AS M/S LANDSMILL HEALTHCARE PRIVATE LIMITED) & ORS. CS(COMM) 523/2023 & I.A. 5392/2024 FACTS Mountain Valley Springs India Private Limited, the owner of the brand […]
Delhi HC Ruling In Vans V. Ivans: Well-Known Trademark Status Doesn’t Override Prior Use
Written by Anna Maria Joseph, Legal Intern and Verified by Sunil Jose, Managing Attorney, Suns Legal. M/S VANS INC. USA .V. FCB GARMENT TEX INDIA (P) LTD. AND ANR C.O. (COMM.IPD-TM) 161/2021 & I.A. 15763/2022 The Delhi High Court ruled on May 2nd that Vans Inc. cannot seek cancellation of FCB Garment Tex’s “IVANS” trademark, […]
Delhi High Court Holds “Vigoura” Too Similar To Pfizer’s “Viagra” Trademark
Written by Aathmaja Menon and Sunil Jose of Suns Legal Patent & Trademark Lawyers. Originally published in The Trademark Lawyer Magazine on Jun 6, 2024. (https://trademarklawyermagazine.com/delhi-high-court-holds-vigoura-too-similar-to-pfizers-viagra-trademark/ ) PFIZER PRODUCTS INC. Vs RENOVISION EXPORTS PVT. LTD. AND ANR. CS(COMM) 378/2018 (2024: DHC:3476) In the bustling world of pharmaceuticals, where brand names hold immense value, a fierce […]
A Tattoo Artist’s Triumph Over Copyright: A Jazzed-Up Legal Battle
The case against celebrity tattoo artist Kat Von D is regarded as the first U.S. case which discussed copyright infringement in respect of tattoos. The plaintiff Jeffrey Sedlik, a renowned photographer based in California, United States, captured the photograph of the famous American Jazz artist Miles Davis in 1989. Since then, Sedlik’s picture has become […]
Blooming Battle: The “Lotus” Trademark Showdown
LOTUS HERBALS PRIVATE LIMITED VS DPKA UNIVERSAL CONSUMER VENTURES PRIVATE LIMITED & ORS On January 25, 2024, the Hon’ble Delhi High Court rejected the request of ‘Lotus Herbals’ to stop Indian film actor Deepika Padukone’s company from using the name ‘Lotus Splash’ for its face cleanser. SUMMARY OF FACTS: The plaintiff, ‘Lotus Herbals’, is an […]
Chips & Justice: PEPSICO’s Battle Over Potato Variety in India
PepsiCo, the world’s second-largest food and beverage corporation, has finally won the long-term court battle against a group of Indian farmers with respect to the IP rights over their registered potato variety. Recently, the Hon’ble Delhi High Court Division Bench set aside a Single Bench ruling that revoked PepsiCo’s registration for ‘FL 2027’, a potato […]
Copyright In The Screenplay Of The Film ‘Nayak’ Vested With Satyajit Ray And Not With The Producer R.d. Bansal: Delhi High Court
Delhi High Court ruled on 23rd May 2023 that Satyajit Ray was the first owner of the copyright in the screenplay of the film ‘Nayak’, and therefore, the right to novelize the screenplay was also vested in him or his legal successors. SUMMARY OF THE FACTS During the period 1965-66, R.D. Bansal commissioned the late […]
Supreme Court upheld the Delhi High Court’s stay against the use of the trademark ‘Dil Afza’.
The Supreme Court of India (“SC”) refused to stay the Delhi High Court’s (“Delhi HC”) Order restraining Sadar Laboratories Private Limited (“Sadar Lab”) from manufacturing and selling products under the trademark ‘Dil Afza’. On 18th May 2023, a three Judges Bench headed by Chief Justice DY Chandrachud dismissed a Special Leave Petition filed by Sadar […]