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IPR weekly Highlights (93)

8 (Demo)
TRADEMARK
APPLE INC. SUES APPLE CINEMAS

Tech giant, Apple (Plaintiff), has filed a trademark infringement suit in the U.S. District of Massachusetts against Apple Cinemas, Sand Media Corp Inc. & other related entities (Defendant). The Plaintiff alleges that the Defendants are knowingly and intentionally using the name “Apple” in connection with their nationwide expanding movie theatre under the name of “Apple Cinemas”, in a manner likely to cause consumer confusion regarding the Plaintiff’s association with the brand. In 2024, the USTPO denied Sand Media’s trademark application for “Apple Cinema” and related marks, citing a likelihood of confusion with Plaintiff’s prior registered trademarks. Following the denial, the Plaintiff issued a cease-and-desist letter to Sand Media (proprietor of Apple Cinemas) in December 2024. Despite this, the Defendants allegedly continued to expand under the “Apple” name, exacerbating public confusion with the well-known Apple brand. The Plaintiff is thus seeking a jury trial and has requested injunctive relief to stop the use of the “Apple” name, along with monetary damages for the alleged infringement.

1. Apple Inc v. Sand Media Corp & Ors. Case No. 1:25-CV-12173

TRADEMARK
MEDIATION FAILS IN DABUR & PATANJALI DISPUTE

Dabur India Limited has filed a trade dress infringement suit in the Delhi HC against Patanjali Ayurved Ltd. and another party, alleging that the packaging of Patanjali’s ‘Dant Kanti Red’ toothpaste closely resembles the trade dress of Dabur’s well-known ‘Dabur Red’ toothpaste.

The HC acknowledged that the requirement for pre-institution mediation had already been satisfied and granted Dabur an exemption from undergoing another round of mediation. The Court found sufficient grounds to bypass further mediation, particularly in light of the nature of the interim reliefs sought by Dabur. The HC has directed Patanjali to file its written statement in response to the suit.

1.Dabur India Limited vs Patanjali Ayurved Ltd & Anr- CS (COMM) 1195/2024

TRADEMARK
EXIDE GRANTED INJUNCTION IN TRADE DRESS DISPUTE WITH AMARON

Exide Industries (Petitioner) has filed a trade dress infringement and passing off suit before the Calcutta HC against Amara Raja Energy & Mobility Ltd. (Respondent) for using a red and white colour scheme along with a shattered ‘O’ device, allegedly identical to the Petitioner’s trade dress. The Petitioner’s trade dress is well recognized in the lead acid battery industry, in view of which the Petitioner claims amounts to deceptive similarity the use of a similar trade dress is likely to cause consumer confusion.

The Calcutta HC held that the Respondent’s use of the red and white trade dress, similar design elements, and the “EL” mark indicated deliberate imitation of Exide’s product. It further observed that the Respondent had acted in bad faith by making false user claims, furnishing misleading corporate details, and filing contradictory affidavits. Accordingly, the plea was allowed and an injunction was granted against the Respondent.

1.Exide Industries Limited vs Amara Raja Energy And Mobility Limited, IP-COM/18/2025

PATENT
ONT SECURES RELIEF IN AUSTRALIAN PATENT DISPUTE

Oxford Nanopore Technologies (ONT) has initiated legal action in the Federal Court of Australia against MGI Australia Pty Ltd., alleging potential infringement of its proprietary nanopore DNA sequencing technology. ONT contends that MGI’s sequencing platforms may unlawfully replicate key elements of its patented innovations, including methods related to sample preparation and signal processing. The Court has granted ONT limited preliminary relief, allowing it to inspect certain documents to assess the viability of pursuing a full-scale patent infringement suit. The Court found that ONT had “reasonable cause” to seek such relief, citing technical similarities between MGI’s products and ONT’s patented technologies. However, the Court struck down ONT’s request to access MGI’s boardroom communications and privileged legal advice, characterizing that portion of the demand as a “fishing expedition” lacking sufficient factual basis.

PATENT
IPO FACES MAJOR BACKLOG CRISIS AMID RECORD FILINGS

The Indian Patent Office (IPO) is grappling with a growing crisis, as surging patent filings far outpace examination capacity. Despite a historic rise to over 100,000 filings in FY 2024-25, driven by domestic innovation, only 9,643 applications have been examined so far this year, just 10% of the total. This stark contrast threatens to derail India’s ambitions as a global innovation hub. First Examination Reports (FERs) have fallen sharply from 80,000 in FY 2019-20 to just 18,000 last year, creating a growing backlog. Patent attorneys and stakeholders report widespread issues, including unpredictable examination order, inconsistent adjournment practices, delayed decisions post-hearing, communication failures, and opaque processes. The lack of timelines, vague FERs, and inconsistent demands further frustrate applicants. Experts warn that unless immediate reforms are introduced to improve transparency, accountability, and efficiency, India risks losing the trust of innovators at home and abroad. India’s IP ecosystem stands at a turning point. Decisive action is now essential to sustain its innovation-led growth.

INDUSTRIAL DESIGN
PILLOW FIGHT: MINISO PULLED UP FOR COPYING DESIGN

Travel Blue Products India Pvt. Ltd. has filed a design infringement suit against Miniso Life Style Pvt. Ltd. before the Bombay HC, alleging that Miniso’s neck pillow products infringe on its registered design for the “Travel Blue Tranquility Neck Pillow.” In a prima facie finding issued in September 2024, the HC observed that the aesthetic and visual features of the rival products were identical, and held that Miniso’s product appeared to be an obvious imitation and a replica or near replica of Travel Blue’s registered design. The HC accordingly granted interim relief, restraining Miniso from using the allegedly infringing design. In a recent order, the HC confirmed its earlier interim findings, reiterating that Miniso’s products were a clear imitation of Travel Blue’s registered design and also amounted to passing off.

1.Travel Blue Products India Pvt Ltd vs Miniso Life Style Pvt Ltd, COMM IP (L) No. 28275/ 2024

COPYRIGHT
COPYRIGHT DISPUTE BETWEEN ANI & YOUTUBER THUGESH

News International (ANI) has filed a copyright infringement suit before a Delhi Court against YouTuber Mahesh Rajesh Keshwala, popularly known as Thugesh (Defendant). The suit pertains to the alleged unauthorized use of ANI’s interview footage on his YouTube channel, Thugesh Unfiltered. ANI claims that the Defendant used its copyrighted content without any license, permission, or consent. ANI is seeking a permanent injunction, an order directing the removal of the infringing material, and monetary damages. In response, the Defendant has contested the allegations, invoked the fair use doctrine and argued that the footage was used in the context of commentary, parody, and critique.

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