Intellectual Property Disputes

 
The Firm provides strategic advice and support to clients concerning the protection, exploitation and enforcement of trademarks and copyrights. We assist with trademark filing and oppositions. We also manage the trademark portfolio of our clients and advise them on infringement and enforcement strategies tailored to their business needs. 

 We have vast experience in representing clients in Intellectual Property litigation across various High Courts and before the Supreme Court in matters concerning trademark infringement, passing off disputes, domain name disputes and copyright violations. Our IPR lawyers cater to clients across various sectors like media and entertainment, retail and FMCG, pharmaceuticals, etc. 

Key highlights

  • The Firm successfully obtained an interim injunction from the Delhi High Court against Bangalore based Stanley Lifestyle’s ‘Global Living Emporio Mall’ for use of DLF’s trademark ‘Emporio’ including directions to block the domain name used by Stanley Lifestyle with the word ‘Emporio’ as a part. The matter was eventually settled between the parties. 
  • The Firm has been advising and representing Phonepe, a leading Indian digital payments and financial services company before the Delhi High Court and the Bombay High Court in proceedings initiated by Phonepe seeking a permanent injunction and damages against Resilient Innovations for the adoption of the marks BHARATPE and POSTPE which are deceptively similar to the PHONEPE mark.  
  • The Firm represented Sona BLW Precision Forgings Ltd. (Sona BLW) in a suit alleging the unauthorized, illegal and mala fide adoption and use of their registered and well-known trademark/trade name/logo – “SONA”, by Sona Mandhira Pvt. Ltd. (Sona Mandhira). The Firm successfully secured initially an interim injunction, and subsequently a permanent injunction, from the Delhi High Court restraining Sona Mandhira from using Sona BLW’s trademark/trade name/logo “SONA” in any manner or any other trademark/trade name/logo containing ‘SONA’. The Firm also successfully represented Sona BLW before the Supreme Court in a Special Leave Petition filed by Sona Mandhira against the decision of the Delhi High Court, wherein the Supreme Court refused to interfere. 
  • The Firm represented Tata Motors Ltd. in a suit for permanent injunction filed against it in the Delhi High Court by Super Cassettes Industries Ltd. alleging trademark infringement and passing off for using the marks “Ultra T. Series” or “Ultra Sleek T- Series Range” for its newly launched smaller cabin trucks having variants as T.6, T.7 and T.9. The matter was ultimately settled by the parties and the suit decreed in terms of the settlement.    
  • The Firm represented the parents of Late Shubhdeep Singh Sidhu (popularly known as Sidhu Moosewala) in a suit for permanent injunction against Salim Sadruddin Moledina Merchant and Sulaiman Sadruddin Moledina Merchant (popularly known as “Salim- Sulaiman) and their company Merchant Records Pvt. Ltd seeking restraint of the unauthorized proposed release of Late Moosewala’s song “Jaandi Vaar” on various social media and online platforms on account of copyright infringement as well as illegal and unauthorized use of Late Sidhu Moosewala’s name and image to generate publicity and revenue. The Firm was successful in securing an injunction in favour of the parents of Late Sidhu Moosewala from the Commercial Court, District Mansa, Punjab.   
  • The Firm represents Aman Hospitality Private Limited in a suit filed by Novex Communications Pvt. Ltd. (a company involved in the business of issuing on-ground performance licenses for various copyright owners) alleging copyright infringement of sound recording owned by the licensors of Novex in an event which took place at the premises of the Aman Hospitality. The case is likely to lay down important precedent on whether a company has the right to administer the copyrights on behalf of its licensors without being a registered copyright society in terms of Section 33 of the Copyright Act, 1957.  
  • The Firm represents Astrazeneca AB, along with law firm, Anand and Anand, before the Supreme Court, in a case involving the important question of whether Intas Pharmaceuticals Ltd. were liable to be restrained from manufacturing, selling etc. generic versions of the drug “Dapagliflozin”, which was protected by two patents belonging to Astrazeneca AB.  
  • The Firm represents HT Media against the Entertainment Network (India) Ltd. (ENIL) in a suit filed by ENIL for permanent injunction restraining alleged acts of passing off, unfair competition, misrepresentation, etc. wherein the Plaintiff is claiming to have applied for registration of the trademark for its online radio station ‘PehlaNasha’. 
  • The Firm represented Britannia Industries Ltd. before the Delhi High Court in a case pertaining to infringement of trademark, copyright, passing off and unfair competition filed by Kraft Foods Global Brands LLC alleging that the embossing on Britannia’s ‘Treat-O’ biscuit is identical to Kraft’s brand ‘Oreo’ and successfully resisted injunctive reliefs against Britannia Industries Ltd. 
  • The Firm has handled the Intellectual Property portfolios of companies such as DLF Ltd. and its affiliate companies, C.K. Birla Healthcare Pvt. Ltd. and CE Info Systems Pvt. Ltd., popularly known by the brand name ‘MapmyIndia’, and has assisted them with registration of their trademarks and copyrights and performing an effective due diligence check. The Firm has actively assisted these companies in carrying out availability searches, trademark filings and issuing cease and desist notices, as and when required. 

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