Trademark Infringement

Dr.Reddys Laboratories Limited vs. Eros International Media Limited

Trademark Act, t1999
roller Gen
er a l
The Con Designs, and
,
of Patents
ks
Trademar
▪ Meaning
Signature
▪ Who is in charge ?
▪ Trademark act governs…
Name

Infringemen
Rights
t penalties Labels &
Heading

Trademark
Damage
transfer
remedies
methods
 Section 29- Infringement of Trademark
What will the Court look at ?
• Cause any confusion to the consumer as to the actual brand

Violation of
trademark rights Printed or In the course
used in advt. of business

a substantially
similar mark on
unauthorised use
goods or services TM is a copy
of a trademark Consumer is
of a similar of the
confused
nature. registered TM Trademark
is
INFRINGED
Facts !!!

09th Feb, 2007-

March, 2021 D D replied, on
Trademark
uploaded teaser 21st Mar, 2021
Regd. (P)

P discovered P submitted
Denying all
the use of word another notice
claims
‘DRL’ to D

P D Plaintiff filed a
This time….
03rd March, 2020 lawsuit
 PLAINTIFF DEFENDENT

Based its unique identification of the

word ‘DRL’:- Plaintiff cannot claim
- Different press publications monopoly over the letters
- Online search results
D-R-L

List of regd. Trademarks

Well known for CSR activities
with identical initials

Late in approaching the

Relied on Section 29
Court
 Plaintiff’s right over the letters D-R-L

▪ Did not file any evidence with the plaint

Delay on the part of the Plaintiff to approach the
court ▪ To show that the registered mark was used in
connection with pharmaceutical preparations
Plaintiff was aware of
the Defendant's use of
the mark as early as
2020
▪ Court said:-

P was not entitled to ▪ Use of DRL was carried out by several businesses
the optional relief of an
injunction ▪ Registered with the MCA
▪ Registered marks with the Trademark Registry
The Hon'ble Court held
that the Plaintiff's
contention that the ▪ 'DRL' were used in various forms of business
current suit was timely
was unsatisfactory
 The Hon’
Judgment b
Plaintiff h le Court held that
a th
three-pro d failed to meet t e
n h
injunction ged test for grant e
. of

The Plaint
iff
make out a had not been able
to
that it wou case of irreparable lo
l s
was releas d suffer if the movie s
ed .