Honest Commercial Practice Can Be A Defense In A Trademark Infringement Suit

A Singapore freight forwarder, Megastar Shipping won a lawsuit against various well known and famous brands namely Louis Vuitton, Gucci, Burberry and Hermes. These brands had filed a lawsuit against the said freight forwarder in Singapore High Court in March, 2013 for trans shipping fake and trademark infringing goods. These goods were inspected by Singapore Customs on duty officers during its route from China to Batan via Singapore, wherein the concerned officers found and siezed 40 foot containers, 436 cartons containing fake fashion accessories such as China-made bags, shoes, belts and other fashion accessories. During court proceedings, it was heard... Read More

Delhi High Court Stays Order Restraining Lupin From Using Disputed Trademark ‘LUCYNTA’

Reportedly, Hon’ble Delhi High Court stayed an earlier order, dated 26 February, restraining Lupin from using the trademark “LUCYNTA” for its medicines, said to be deceptively similar to the trademark “NUCYNTA” of Johnson and Johnson. It was argued on behalf of Lupin that Johnson and Johnson are neither selling any goods under the mark nor have any intention to do so in India. It was further argued that the ultimate test is to analyze who is first in the market being India. Further emphasis was laid on the argument that if an Indian company has honestly adopted the trade mark... Read More