Sujata Chaudhri IP Attorneys

May this Diwali bring warmth, light, and new beginnings to you and your loved ones. Wishing everyone a joyful and prosperous Diwali from all of us at SCIP! 🪔 #HappyDiwali #SCIP #FestivalOfLights #DiwaliWishes

Recently, the Delhi High Court, granted an ex-parte ad-interim injunction in favour of MM Styles Private Limited (“Plaintiff”) restraining Masaba Couture & Ors. (“Defendants”) from using the Plaintiff’s registered trademark as well as copyright in its artistic works, including photographs/images, garments, dress style, etc. The Plaintiff is engaged in the business of manufacturing, selling/retailing designer garments, jewellery, cosmetics, and other luxury products, designed and conceptualised by famous Bollywood designer, Mr. Manish Malhotra. As per the Plaintiff, the Defendants appear to be operating in collusion, and are copying images from the Plaintiff’s website and social media handles. The Defendant were also found soliciting orders for reproduction of the styles/outfits denoted in the copied images, claiming to customise the exact same outfit for customers. The Plaintiff, accordingly, sent legal notices to some of the Defendants through Instagram, which they acknowledged, and removed the infringing pages. However, the Defendants continued uploading new infringing images. As per the Plaintiff, it is evident from a comparison the Plaintiff’s work and the images on the Defendants’ social media pages that the Defendants have strained every nerve to (i) infringe the Plaintiff’s copyright in the proprietary images present on the Plaintiff’s website and social media handles, (ii) infringe the copyright in the Plaintiff’s artistic works, i.e., the outfits as designed and created by the Plaintiff, and (iii) pass off themselves as being associated with the Plaintiff. It was also submitted that the infringing pictures that have been reproduced by the Defendants on their Instagram accounts/handles also infringe the personality rights of the various celebrities whose images have been so used. The court satisfied that the Plaintiff had met the requirements of establishing infringement of copyright, trade mark, passing off, restrained the Defendants from (i) infringing the Plaintiff’s copyright in its photographs/images as uploaded on platforms and unauthorized reproduction of the same on Defendants’ social media platforms, (ii) infringing the copyright in its artistic works/garments/dress style and its unauthorized reproduction, and (iii) infringing the Plaintiff’s registrations, in relation to services rendered online or in any manner, whatsoever. The Defendants were also directed to takedown their URLs on their respective online platforms. MM Styles Private Limited v. Masaba Couture & Ors., CS COMM 893/2024, Order dt. October 9, 2024 Click here to read the judgement copy: https://shorturl.at/98ywr Click here to know more: https://shorturl.at/VH7LH

Thanks to all who attended our last Townhall of 2024! Ever grateful to the great teams who work so hard to make our firm what it is! And so heartening to see the firm living its carefully crafted values.

Nepal’s Draft Copyright Act, 2024: A Game-Changer for IP Owners Nepal is all scheduled to make a significant leap in the protection of intellectual property rights with the Draft Copyright Act, 2024. The proposed legislation introduces an Intellectual Property Police unit, a dedicated force to combat IP theft and ensure more stringent enforcement. This initiative is a crucial response to the growing need for safeguarding the rights of creators, inventors, and businesses against counterfeiting and infringement. Key highlights of the draft law include: Establishment of an Intellectual Property Police: For the first time, Nepal will have a specialized unit to handle IP-related crimes, focusing on copyright and trademark enforcement. Enhanced legal enforcement: The IP Police will have the power to investigate, conduct raids, and prosecute offenders involved in IP violations. Dedicated IP bench: There is a possibility of setting up a separate intellectual property bench in the judiciary for quicker and more efficient resolution of disputes. For our international clients having IP interests in Nepal, these developments are crucial. Stronger enforcement mechanisms not only protect IP investments but also create a more secure business environment, paving the way for innovation and growth. Read more about the Policy dialogue that took place before the Ministry of Culture, Tourism, and Civil Aviation of Nepal over here - https://lnkd.in/g7eQDweA Stay tuned for more updates as we continue to monitor the progress of this legislation. Click here to read more: https://shorturl.at/ex0kj #IntellectualProperty #CopyrightLaw #NepalIP #BusinessLaw #IPEnforcement #SCIP

✨ Quarterly Town Hall at Sujata Chaudhri IP Attorneys ✨ On Friday, October 25, 2024, we gathered for our quarterly Town Hall—a cornerstone of our culture at Sujata Chaudhri IP Attorneys (SCIP) where we celebrate our accomplishments, reflect on our shared mission, and align on our vision for the future. This quarter’s updates demonstrated how our team truly embodies our core values: 🔹 Bold: We shared stories of how we took on challenging work with confidence, offering IP solutions that push boundaries for our clients. 🔹 Socially Conscious: We discussed our commitment to responsible practices and the current and upcoming drives we are undertaking to positively impact the communities we serve. 🔹 Curious: We explored new perspectives and creative ideas suggested by some of the team members, inspiring innovative approaches in our ways of working. 🔹 Inclusive: Every team member’s voice was heard and valued, reinforcing our belief in a workplace where all perspectives are welcomed, and collaboration is key. 🔹 Proactive: Our team discussed recent developments at the IP offices and courts to demonstrate our readiness and resilience that fuel our firm’s progress. We thank each team member at SCIP for the passion, commitment, and integrity they bring to our work each day. Here’s to an impactful next quarter, where we continue to make strides together! #Bold #SociallyConscious #Curious #Inclusive #Proactive #Teamwork #IntellectualProperty #FirmCulture #SCIP

Recently, the Hon’ble Delhi High Court has, in a suit for injunction filed by ITC Limited (“Plaintiff”), restrained Arpita Agro Products Pvt Ltd & Ors. (“Defendants”) from using the mark POWERNYM. The brief facts of the case is that, the Defendants, assigned its rights in the marks NIMYLE and JOR-POWR, in Classes 5 and 3, respectively, to the Plaintiff in 2018. The Plaintiff, thereafter, in 2023, learned of the Defendants’ adoption of the mark POWERNYM in Classes 3 and 5. The Plaintiff challenged this subsequent adoption of the mark POWERNYM by the Defendants on the ground that it is derived from and deceptively similar to the marks NIMYLE and JOR-POWR, both of which, the Defendants have already assigned to the Plaintiff. The Defendants, on the other hand, argued that the mark POWERNYM, including the packaging, composition and branding of the products offered under the mark POWERNYM are distinct. The Court, however, ruled that, given the history between the rival parties, the Defendants seems to have adopted the mark POWRNYM with the intention of portraying the mark POWRNYM as a variant of the Plaintiff’s NIMYLE and JOR-POWR marks. Moreover, the shape, style and getup of the bottle adopted by the Defendants is also similar to that of the Plaintiff’s products under its NIMYLE and JOR-POWR marks. The Court therefore restrained the Defendants from using the mark POWRNYM or any mark deceptively similar to or derived from the NIMYLE and JOR-POWR mark or NIM family of marks, till the pendency of the suit. ITC Limited vs. Arpita Agro Products Pvt Ltd & Ors. [CS (COMM) 698 of 2023], Order dated October 8, 2024 Click here to read more: https://shorturl.at/jLaI4 Click here to read the judgement copy: https://shorturl.at/R6bbN

Sujata Chaudhri IP Attorneys is looking for an Accounts Executive with 2-3 years' PQE in its Finance & Accounts department.   The ideal candidate should have good knowledge of Tally Prime, TDS, GST, book-keeping, processing invoices, expense forms, payment requests and other accounting related work. Proficiency in relevant software tools and Microsoft Office applications is essential. Educational Qualification: Bachelor’s degree in any stream To apply, send your resume to hr@sc-ip.in or upload your resume at https://sc-ip.in/careers/. #LawFirmRecruitment #Finance #Accounts

We are thrilled to welcome Eshani Kaul as a Partner at Sujata Chaudhri IP Attorneys. With her deep expertise and passion for intellectual property law, Eshani brings a wealth of experience in IP to our firm. Her joining marks a new chapter of growth and innovation for our practice, and we are confident that her insights will greatly benefit our clients and team alike. Please join us in extending a warm welcome to Eshani! We look forward to achieving new heights together. 🚀 #Welcome #IntellectualProperty #IPLaw #TeamGrowth #NewBeginnings #SCIP

Recently, the Delhi High Court has granted an ex-parte ad-interim injunction to Glaxo Group Limited (“GGL”). The suit was based on GGL’s prior rights in the LANOXIN mark. In the matter, the defendants were manufacturing and selling products bearing the LANOXX and LANIXIME marks which are similar/nearly identical to GGL’s LANOXIN mark. Recognizing GGL’s well-established rights, the deceptive similarity between the rival marks, and the defendants’ bad faith, J. Amit Bansal restrained the defendants from manufacturing, marketing, selling, etc. medicines bearing the infringing marks, and/or using the infringing marks as part of their corporate name or on their business incidentals. Sujata Chaudhri Urfee Roomi Janaki Arun Ritesh Kumar Jaswant Singh Gusain Chahat Bhatia

Recently, the Division Bench of the Delhi High Court upheld the interim injunction granted in favor of Himalaya Wellness Company (“Himalaya”), restraining Wipro Enterprises Private Limited (“Wipro”) from passing off its female hygiene and menstrual health products under the EVECARE mark. The single judge had observed that since Himalaya has been using the EVECARE mark for several decades, it has acquired significant goodwill and reputation. Moreover, since an identical mark will be used for ‘hush products’ pertaining to menstrual and reproductive health of women, buyers may exercise a lower level of scrutiny, thus, increasing the likelihood of confusion. A summary of the single judge’s decision can be found here. During the appeal, Wipro argued that since it was selling a cleansing cosmetic wash, it was distinct from Himalaya’s tablets and syrups sold under EVERCARE mark. Wipro further argued, that prior to adoption of the EVECARE mark, it had conducted searches for similar marks in Class 3, however, it did not come across Himalaya’s registration for the EVECARE mark as it is registered in Class 5. The court agreed with the Single Judge’s observations that the rival goods are allied and cognate, since both fall into the category of ‘hush products’ as they pertain to female reproductive hygiene. Further, the court reiterated that classification of goods and services is not a criterion while deciding the question of similarity of goods and services. It further observed that during the trial, Wipro would be able to establish whether it has adopted the EVECARE mark in good faith, or to take advantage of Himalaya’s goodwill in the EVECARE mark. However, at a prima facie stage, Wipro being a junior user of an identical mark, could not provide any justifiable explanation. Therefore, the court held that in order to prevent confusion amongst the public, it should not interfere with the the single judge’s order restraining Wipro from passing off its goods as those of Himalaya’s. Wipro Enterprises Pvt. Ltd. v. Himalaya Wellness Company and Ors., FAO(OS)(COMM) 145/2023, judgment dated October 1, 2024 Click here to read the judgement copy: https://shorturl.at/LxEUz Click here to know more: https://shorturl.at/Nf1Y9