Introduction Trademark conflict in the pharmaceutical sector is a unique situation in Indian trademark law. Medicinal products have the potential to cause actual harm to the patient receiving the product if there is any doubt about the correct product, rather than just commercial loss, due to the possibility of someone thinking that two competing marks are the same. This has led to a more demanding approach by courts to pharmaceutical marks, which now require a question to

In the case of Capital Foods Private Limited v. Kishan Rameshbhai Kaswala Trading as K3 Masala[1], the Delhi High Court granted an ex parte ad interim injunction in favour of Capital Foods Private Limited (Plaintiff), restraining the Defendant from using the trade marks “SCHEZWAN DIPPING CHUTNEY” and other deceptively similar variations. Background of the Dispute Capital Foods Private Limited, the company behind the iconic Ching's Secret brand, conceived the mark "SCHEZWAN

Introduction When a statutory intellectual property right gets wiped off the register mid-litigation, who bears the burden of the legal fees incurred along the way? Recently in the case of Crocs Inc. USA v. M/s Bata India Ltd. & Ors.[1], the Delhi High Court examined whether a defendant can recover actual litigation costs under Section 35 of the Code of Civil Procedure, 1908 (CPC), as amended by the Commercial Courts Act, 2015, after a design infringement suit becomes infruct