Supreme Court suggested Crompton and V-Guard to settle the trademark dispute
The Supreme Court suggested that Crompton Greaves and V-Guard resolve their PEBBLE trademark dispute. Crompton appealed the Delhi High Court’s prohibition on using the mark for electric irons, stating that ‘PEBBLE’ is widely used and that V-Guard’s products, which have been marked since 1977, should not monopolize the term.
Delhi High Court restrains Rebanta Healthcare from using Dr. Reddy’s trademark ‘Rebaheal’
The Delhi High Court awards Dr. Reddy an interim injunction and prohibits Rebanta Healthcare from using the trademark ‘REBAHEAL’, which is physically and phonetically identical. The Court highlighted that it could cause misunderstanding and deception among the general public, doctors, and chemists, endangering the people’s health.
Read order here.
Delhi High Court grants interim relief in favour of Jindal India Limited for infringement of its ‘JINDAL’ marks
In January and June 2024, Jindal India Limited learned that Rawalwasia Steel Plant Private Limited had registered a similar trademark “HINDJAL HISAR” for galvanized and black steel tubes and pipes. Jindal India Limited (plaintiff) brought a claim for infringement of trademark/copyright in the marks “JINDAL”, “” and “JINDAL with the device of map of India” for the plaintiff’s goods, passing off goods, delivery upon, rendition of accounts of earnings, and extra damages.
The Court noted that the plaintiff made a prima facie case in their favor, and the balance of convenience was also in their favor, given the potential damage to the plaintiff’s business due to trademark similarity; thus, an interim injunction was required to protect the plaintiff’s rights until the matter was fully resolved. As a result, the Court granted an interim injunction against the defendant and directed that the defendant, their principal officers, directors, partners, agents, franchisees, servants, licensees, and others acting on their behalf are restrained from using, selling, offering for sale, advertising, or dealing in any goods using the trademark or any mark similar to the plaintiff’s registered trademarks “JINDAL,” “JINDAL with the device of map of India,” and other similar variant.
Read order here.
Punjab and Haryana High Court grants relief to Shehnaz Gill; holds agreement as prima facie unfair with one party having superior bargaining power
In a revision petition filed against the order dated 29-08-2023, passed by the Additional District Judge, SAS Nagar (‘the Appellate Court’), Gurbir Singh, J., stated that in the present case, the respondent sent a notice to the petitioners rescinding the Agreement dated 25-09-2019 (‘the agreement’) on the grounds that it was the result of misrepresentation and fraud. Petitioners did not take any action or provide notice to the respondent in order for her to meet her contract obligations. The petitioners’ silence proved that they believed the agreement had been canceled, as stated by the respondent.
The Court noted that in the current case, the conditions of the agreement in question were clearly unjust, as a result of one party having greater bargaining power and the other party being in a highly inferior position with low bargaining power. As a result, the agreement could not be considered prima facie legal and binding on the respondent. Thus, the Court denied the review petition.
Read order here.
Case filed against Kannada actor Rakshit Shetty’s movie for using songs without permission
A copyright lawsuit has been filed against Kannada actor Rakshit Shetty for allegedly exploiting a music company’s songs in his latest film Bachelor Party without authorization. Police served the actor with a notice in connection with the matter. Naveen Kumar, a partner at MRT Music, filed a suit accusing Shetty and his production business, Paramvah Studios, of copying music from the films Nyaya Ellide and Gaalimaathu without authorization.
MIB adds new provisions to draft broadcasting bill
The government has added a new provision to the Draft Broadcasting Services (Regulation) Bill that gives the central government the authority to direct any internet service provider or social media company to take “appropriate action for implementation” of the Bill, according to the ministry of information and broadcasting’s (MIB) presentation to stakeholders on July 9. In the same presentation, the MIB admitted that the inclusion of OTT and digital news services was the most concerning aspect of the law for stakeholders.
Ads for diabetes, oncology drugs may need prior government approval
To avoid misleading claims, the government is considering prohibiting marketing for anti-diabetes formulations, sex hormone prescriptions, and some oncology therapies that do not have prior permission. It has proposed amending the Drugs and Cosmetics Rules of 1945 to include laws governing the advertising of medications containing Schedule G drugs.
Hyderabad gaming companies to Centre: Make IB ministry the nodal agency
More than a dozen Hyderabad-based enterprises that wrote to Prime Minister Narendra Modi over mobile gaming policy have urged the government to improve the tax structure and designate the Information and Broadcasting (I&B) ministry as the gaming industry’s nodal agency.
Snoop Dogg faces copyright lawsuit over alleged release of ‘Experiment’ backing tracks
Snoop Dogg is facing a copyright lawsuit alleging that the iconic rapper refuses to pay a veteran studio musician for using two of his backing tracks, citing an earlier dispute between Tracy Chapman and Nicki Minaj. Trevor Lawrence Jr., a well-known producer and drummer who has worked on songs for Bruno Mars, Alicia Keys, Ed Sheeran, Mariah Carey, and other top musicians, filed the case in Los Angeles federal court.
Verizon faces lawsuit from major labels for music piracy
Three major record companies are suing Verizon, alleging that the telecom firm actively pushed its internet subscribers to steal copyrighted music on a “staggering” scale. Universal Music Group, Warner Music Group, and Sony Music Entertainment argue in a complaint filed in Manhattan federal court that Verizon has “buried its head in the sand” despite repeated warnings about piracy on its network, creating a “safe haven” for illicit activities.
The financial stakes for Verizon might be enormous. The labels accuse the corporation of infringing on almost 17,000 songs; if a judge imposed the maximum penalty for each of those songs, the total damages might exceed $2.5 billion. The labels accuse the corporation of infringing on almost 17,000 songs; if a judge imposed the maximum penalty for each of those songs, the total damages might exceed $2.5 billion.
Adidas and Thom Browne disputes over striped trademarks
Adidas and fashion company Thom Browne began their legal war on Wednesday, with London’s High Court hearing the latest round in a global dispute over their dueling striped trademarks.
Thom Browne, a New York designer who frequently uses a four-bar stripe pattern, sued Adidas in London in 2021 to cancel multiple trademarks using Adidas’ classic three-stripe symbol.
Thom Browne, which revised its three-bar pattern in 2007 after Adidas objected, claims Adidas is attempting to build a monopoly on the use of stripes on clothing. Adidas, on the other hand, is suing Thom Browne for allegedly infringing on its trademarks by selling leisure and sportswear with four stripes, accusing the company of leveraging its reputation and brand image. The two businesses have previously clashed in the United States, where a jury dismissed Adidas’ trademark claim last year, which was upheld on appeal in May.
