Cadbury Loses Trade Mark Battle

  31st October, 2013 was a dooms day for Cadbury when it lost 4 of its éclair related trademarks on the basis of rectification petitions made by ITC. S. Usha, the Vice-Chairperson of the Intellectual Property Appellate Board (IPAB), ordered with a direction to the Registrar of Trade Marks to remove the trade marks registered under Nos. 298102, 353398, 436335 and 327607 from the Register.  She also dismissed ORA/28/05/TM/KOL stating that “nothing survives in the said trademarks.”  The catalyst for the rectification petitions was a civil suit for trademark infringement filed by Cadbury, in 2005, against ITC with a prayer for an injunction... Read More

Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb

India issued its first CL last year for a Bayer’s kidney liver cancer drug Nexavar to an Indian generic manufacturer Natco on all three grounds of section 84 (1) including reasonable requirement of public not being met, non availability of drug on affordable prices, and non-working of the invention in the territory of India. This decision by the Indian government that lead to the issuing of CL encouraged more domestic generic manufacturers to go ahead with filing more CL applications for patented drugs. The term compulsory license is used to describe a number of mechanisms for non – voluntary authorizations... Read More

Anti Dilution Protection of Trade Mark: Bloomberg Case

The era of globalisation and internationalisation of trade and commerce has developed certain complex socio legal issues with regard to well known Trade Marks. Trade Marks are territorial in nature, but in the light of globalisation and internationalisation there is need to protect well known trade marks against their dilution beyond geographical limits. A trade mark is said to have diluted when by the use of similar or identical trade mark in another non competing markets, it loses its capacity to signify a single source vis-a-vis its distinctiveness. Thus trade mark dilution is a wrong committed against the owner of... Read More