Blog

June 22, 2020

Madras High Court reaffirms the law on generic and common trademarks

The Madras High Court settled a long-standing dispute between ITC and Nestle which involved their use of generic and laudatory words to describe their product line of instant noodles. The case was titled as Civil Suit 231 of 2013 and was filed by ITC in the High Court Madras. After an 8 year long battle the court held that the words “Magic Masala” are common to trade and laudatory and nobody can claim monopoly over the words. ITC alleged that...

Patent, Trademark

June 10, 2020

Damages in IP Infringement Cases

The tradition of awarding damages to the IP right holder has got a boost as many High Courts have awarded punitive damages in variety of forms apart from monetary compensation. In a recent judgement of Hon’ble Delhi High Court in Reckitt Benckiser (India) Pvt. Ltd Vs. Mohit Petrochemicals Pvt. Ltd. & Anr, the Hon’ble court passed an order awarding damages of Rs. 1,00,000/-, which was asked to be deposited in the Juvenile Justice Fund by the defendant who was selling...

Patent, Trademark

May 12, 2020

“IP applications and cases before IP registry not affected by limitation; confirms Delhi HC”

IP prosecution and application stages before IP registry not affected by limitation; confirms Delhi High Court. The High Court of Delhi, vide order dated 11.05.2020 in W.P. (C) No. 3059/2020, suspended the public notice dated 04.05.2020 issued by Controller General of Patents, Designs and Trademarks (CGPDTM). On previous occasions, the CGPDTM had also issued similar notices which in sum and essence stated that any limitation with regard to payment of fees, filing reply etc. that expired within the lockdown period shall...

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Madras High Court reaffirms the law on generic and common trademarks

Damages in IP Infringement Cases

“IP applications and cases before IP registry not affected by limitation; confirms Delhi HC”