Trademark Row over “Khadi”

As per recent news in The Times of India the  Indian government is bracing itself for a trademark battle against German Company’s “Khadi Naturprodukte” over the handspun fabric that was made a centre piece of India's freedom struggle by Mahatma Gandhi.   The government has made objections to the use of Khadi as a trademark for selling a range of Indian-origin products, including shampoos, soaps and oils in the European markets and which can be purchased online too.             Traditionally Khadi is known as handspun and hand woven cloth.  During the period of freedom struggle Mahatma Gandhi started Swadeshi Movement. Khadi was... Read More

High Court grants interim injunction against online retailer from using L’oreal Trademark

Recently, Delhi High Court passed an interim injunction against an online retailer restraining them from using the name of L'oreal to sell or supply any goods on any website or in any other manner having regard to the L’oreal’s plea alleging counterfeit products having its trademark were being sold/ traded by the online retailer Brandworld through the shopping website Shopclues.com. L’oreal has filed suit for permanent injunction restraining defendants, on account of infringement, passing off and rendition of accounts against the defendants. Plaintiffs Loreal established in France claimed that they are using the mark “L’oreal” since 1910. It has also... Read More

Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents

It has been recently reported in Economic times that Cipla has filed representation with the government (Department of Industrial Policy & Promotion) seeking revocation of five patents of Novartis on indacaterol, a respiratory drug for the treatment of chronic obstructive pulmonary disease (COPD) and marketed as Onbrez by Novartis. The central government, under section 66 of the Indian Patent Act, has the power to revoke patent in public interest, after giving patentee an opportunity to be heard. According to section 66, “Where the Central Government is of opinion that a patent or the mode in which it is exercised is... Read More