Intellectual Property - The Legal Chamber

This Supreme Court judgment clarifies that under Section 12A of the Commercial Courts Act, a suit alleging continuing infringement of intellectual property rights inherently contemplates urgent interim relief. The Court held that mere delay in filing the suit does not negate urgency, as each ongoing act of infringement causes immediate and irreparable harm, and public interest in preventing market deception also factors into the assessment. Facts Of The Case: The appellant, a Danish company named Novenco Building and Industry A/S, held patents and design registrations in India for its industrial fans sold under the brand ‘Novenco ZerAx’. It had entered into a dealership agreement with respondent No. 1, Xero Energy Engineering Solutions Pvt. Ltd., in 2017. The appellant later discov...

The Supreme Court dismissed the appeal, affirming that deceptive similarity must be assessed holistically, not by dissecting composite marks. The common element "PRIDE" was generic and non-distinctive. No likelihood of confusion was found, as the overall impression, trade dress, and dominant features of the rival marks were distinct. Interim injunction was rightly denied. Facts Of The Case: The appellants, Pernod Ricard India Private Limited, are manufacturers and distributors of alcoholic beverages, holding registered trademarks for 'BLENDERS PRIDE', 'IMPERIAL BLUE', and 'SEAGRAM’S' whiskies. They filed a suit against the respondent, Karanveer Singh Chhabra, alleging that his use of the mark 'LONDON PRIDE' for whisky, along with its packaging and trade dress, constituted tra...

Tag: Intellectual Property

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