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Tag: Commercial Courts Act

designs

Crocs v. Bata: Delhi HC Imposes Heavy Litigation Costs

In a significant ruling for Indian commercial litigation, the Delhi High Court ordered Crocs Inc to pay over Rs. 24 lakhs in litigation costs to Bata India. Following the cancellation of Crocs' design registration for lack of novelty, Justice Prathiba M. Singh emphasized that costs must follow the event, reflecting actual expenditure rather than symbolic amounts. This decision underscores the shift in Indian courts toward penalizing frivolous IP litigation. It serves as a stern warning to rights holders that pursuing weak design infringement claims now carries substantial financial consequences.

7 min read
trademark

Blue Cross Wins MEFTAL-SPAS Trademark Case in Bombay HC

The Bombay High Court has issued a permanent injunction in favor of Blue Cross Laboratories, halting the sale of 'MEFIAL-SPAS' by Alto Healthcare. This case serves as a masterclass in pharmaceutical IP enforcement, combining trademark infringement and copyright claims to protect a long-standing brand identity. With a significant cost award of Rs. 10 Lakhs, the court reaffirmed its strict stance against blatant imitators. This article examines the court’s application of the deceptive similarity test, the importance of registering packaging artwork, and the consequences of failing to contest commercial IP litigation.

10 min read