🔴 Lead Story
Bombay HC Cancels ‘PAXIL’ Trademark For Non-Use
Glaxo Group Limited v. Shreya Life Sciences Private Limited · Bombay High Court
The Bombay High Court this week ordered removal of the PAXIL trademark from the register following a finding of nearly twenty years of non-use. Glaxo Group sought cancellation on the ground that the mark had not been used as a source identifier for the goods in relation to which it was registered. The court agreed.
The defendant sought to resist cancellation by raising business expansion as a justification for non-use. The court rejected that argument, holding that business expansion does not constitute a special circumstance sufficient to excuse non-use under the Trade Marks Act 1999. The court clarified that special circumstances must be of a nature that affects trade generally, not circumstances specific to the registrant’s own commercial decisions.
The court further found that the mark had been squatted, registered and held without genuine use, without the intention of functioning as a source identifier in the marketplace.
The decision restates a principle that trademark law enforces with consistency. A registered mark that sits unused on the register without genuine commercial use is vulnerable to cancellation. Registration confers rights. Use sustains them. The two are not separable over time.
📡 Radar India
Birla Trademark Suit Decreed Post Settlement
Grasim Industries Limited v. Aryanson Paints Private Limited · Delhi High Court
The Delhi High Court recorded a settlement between Grasim Industries and Aryanson Paints under which the defendant agreed to discontinue use of the Birla mark. The suit was decreed on the basis of the mutually agreed settlement terms. The court also recorded payment of ₹2.25 lakh towards legal expenses by the defendant to the plaintiffs. No findings on infringement or validity were returned.
LIV-82 DS Restrained Over Similarity With LIV.52
Himalaya Global Holdings v. Kbir Wellness Private Limited · Delhi High Court
The Delhi High Court granted interim injunction restraining use of Liv-82 DS for liver care products in a dispute brought by Himalaya Global Holdings. The court found the similarity striking, noting identical use of Liv and confusing proximity between the numerals 52 and 82. Having regard to similar goods and overall packaging, the court held confusion likely at the retail level.
YUMMIES Passing Off Claim Dismissed, ₹5 Lakh Costs Awarded
T.T. Krishnamachari & Co. v. Godrej Agrovet Limited · Madras High Court
The Madras High Court dismissed TTK’s passing off claim against Godrej’s YUMMIEZ mark, holding that none of the classical trinity elements were established. The court found no evidence of goodwill, misrepresentation or likelihood of confusion and noted differences in the products and packaging. The suit, pending since 2007, was dismissed with costs of ₹5 lakh payable to Godrej.
P-WAYMO Mark Restrained in Electric Vehicle Dispute
Waymo LLC v. P-Waymo Electric Vehicles Private Limited · Delhi High Court
The Delhi High Court granted ad-interim injunction restraining use of the mark P-WAYMO for electric vehicles, finding a prima facie case of infringement of Waymo’s distinctive registered mark. The court found likelihood of confusion and irreparable harm and directed restraint across trademarks, domains and social media, with orders for takedown of infringing listings.
Castrol Disparagement Suit Restored
Castrol Limited v. Sanjay Sonavane · Delhi High Court
The Delhi High Court Division Bench restored Castrol’s disparagement suit against the holder of the 3P mark, holding that the causes of action in the disparagement suit and an earlier groundless threats action were distinct. The court noted differences in evidence, parties and the nature of the claims, and held that subsequent publications created an independent cause of action warranting adjudication.
GSK Records Undertaking in T-BACT Trademark Suit
GlaxoSmithKline Pharmaceuticals v. Turio Pharmaceuticals · Delhi High Court
The Delhi High Court recorded an undertaking by Turio Pharmaceuticals to cease use of the marks TRU-BACT and TU-BACT and any deceptively similar variants in proceedings brought by GlaxoSmithKline over similarity with its T-BACT mark. The suit was disposed of on the basis of the undertaking. Costs of ₹30,000 were directed to be paid to Wagging Tales Foundation.
PMGIndia Marks Restrained in Banknote Grading Dispute
Paper Money Guaranty LLC v. PMGIndia · Delhi High Court
The Delhi High Court granted ex parte ad-interim injunction restraining use of PMGIndia and Paper Money Grading marks in proceedings brought by Paper Money Guaranty LLC. The court found admitted overlap in services and resulting confusion. Domain suspension was directed within 36 hours and takedown of associated Instagram and Facebook accounts within 48 hours.
PAXIL Trademark Cancelled for Non-Use
Glaxo Group Limited v. Shreya Life Sciences Private Limited · Bombay High Court
The Bombay High Court ordered removal of the PAXIL trademark from the register following a finding of nearly twenty years of non-use. The court rejected business expansion as a justification and clarified that special circumstances excusing non-use must affect trade generally. The mark was found to have been squatted without genuine use as a source identifier.
Domain Suspended for Impersonation and Fraud
Lumikai Interactive II LLP v. Registrant of Lumlkai.com · Delhi High Court
The Delhi High Court ordered suspension of the domain lumlkai.com upon finding prima facie fraud and impersonation of the Lumikai brand. Emails from the domain had been used to approach a Limited Partner seeking fund transfers to a deceptively similar Wells Fargo account. The court found the conduct amounted to deliberate impersonation and ordered domain suspension to prevent further misuse.
IT Rules Takedown Plea Refused in Copyright Dispute
Digital IP Brand Protection Alliance v. Union of India · Delhi High Court
The Delhi High Court refused to direct intermediaries to remove allegedly infringing content under the IT Rules on a private claim without prior judicial determination of rights. The court held that intermediaries cannot be compelled to act on private claims in the absence of an injunction establishing the claimant’s rights. The plea was treated as an indirect injunction request and the petitioner was permitted to withdraw with liberty to pursue appropriate remedies.
Anticipated Piracy of Raja Shivaji Restrained
Reliance Industries Limited v. Bharath Sanchar Nigam Limited · Madras High Court
The Madras High Court granted ad-interim injunction restraining anticipated piracy of the film Raja Shivaji ahead of its release. The court relied on the CBFC certificate as prima facie evidence of copyright ownership and found risk of irreversible injury from unlawful broadcast. Affected intermediaries were directed to be indemnified against consequences of compliance.
Fake DBS Bank Platforms Ordered Taken Down
DBS Bank India v. John Doe · Bombay High Court
The Bombay High Court granted ad-interim injunction and directed takedown of fake DBS Bank websites and WhatsApp groups used in a coordinated impersonation scam. The court found that forged documents and deceptive platforms were being used to induce investments from members of the public. It held the conduct amounted to passing off, directed disclosure of subscriber details and logs, and emphasised the urgency of the relief given the vulnerability of those being misled.
🌍 Radar Global
US Supreme Court Examines Generic Drug Patent Risk
Amarin Pharma v. Hikma Pharmaceuticals · US Supreme Court
The United States Supreme Court heard arguments in a case examining whether Hikma Pharmaceuticals induced patent infringement while selling a generic version of Vascepa using a skinny label designed to remove patented uses from the product’s indications. Amarin Pharma contended that Hikma’s marketing nonetheless directed physicians toward the protected uses. The ruling will determine the extent to which generic manufacturers can rely on skinny label strategies without triggering infringement liability.
Pfizer Extends Vyndamax Patent Protection to 2031
Pfizer v. Hikma Pharmaceuticals · US District Court, District of Delaware
Pfizer settled patent disputes with generic manufacturers including Hikma, Cipla and Dexcel over its heart drug Vyndamax, delaying generic entry and extending US patent protection until June 2031. The settlements push back earlier expectations of revenue erosion around 2029. Vyndamax generated approximately $6.4 billion in 2025, making the commercial significance of the extension substantial.
Malpractice Suit Filed Against Norton Rose Fulbright Over Patent Loss
Veil Global Technologies v. Norton Rose Fulbright US LLP · Circuit Court of Cook County, Illinois
A malpractice suit has been filed against Norton Rose Fulbright US LLP alleging errors in handling a patent application that resulted in loss of patent rights. The claim raises questions of professional diligence in patent prosecution and potential liability arising from procedural lapses affecting the enforceability of intellectual property.
CureVac Files Patent Infringement Suit Against Moderna
CureVac v. Moderna · US District Court, District of Delaware
CureVac filed a patent infringement suit against Moderna in the United States District Court for the District of Delaware, alleging use of CureVac’s patented mRNA technology in COVID-19 vaccines. The dispute adds to ongoing global litigation in the mRNA space involving high-value pharmaceutical patents and questions of technology ownership in pandemic-era innovation.
Google Challenges USPTO Rule on Older Patents
Google v. USPTO · US Supreme Court
Google petitioned the United States Supreme Court to strike down a USPTO rule that makes patents over six years old harder to challenge through inter partes review. Google contends the rule creates an unlawful time limit on patent challenges. The petition follows Google’s failed challenge to a 2010 patent and comes amid a approximately 20% rise in patent litigation activity.
Canada Approves First Generic Ozempic
Health Canada · Dr. Reddy’s Laboratories v. Novo Nordisk · Canada
Health Canada approved the first generic version of Ozempic following expiry of certain patent protections, marking a significant shift in the GLP-1 market. Generic drugs in Canada are typically 45% to 90% cheaper than originators. Eight further generic applications are under review. The approval opens a new competitive front for Novo Nordisk as lower-cost semaglutide versions begin entering regulated markets.
Netflix Wins Tiger King Copyright Case on Fair Use
Whyte Monkee Productions v. Netflix · US Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit held on rehearing that Netflix’s use of footage in Tiger King qualified as fair use. The court found that seven clips were employer-owned and that the remaining funeral clip was sufficiently transformative in the documentary context to qualify as fair use. The decision confirms that limited archival footage used in documentary productions falls within the fair use doctrine.
Taylor Swift Files Trademarks to Guard Against AI Deepfakes
Taylor Swift filed trademark applications covering two audio clips of her voice and one image, aiming to protect her likeness from AI-generated deepfakes. The filings are owned by TAS Rights Management and cover promotional-style voice recordings and a distinctive stage image. The strategy reflects use of trademark registration as an additional layer of protection where right of publicity laws may provide incomplete coverage against AI-generated imitation.
AbbVie Post-Humira Strategy Delivers Results
AbbVie reported strong quarterly results driven by newer immunology drugs replacing revenue lost following Humira’s loss of US patent exclusivity in 2023. Skyrizi generated $4.48 billion, up 30.9%, and Rinvoq generated $2.12 billion, up 23.3%, both exceeding expectations. Humira sales declined 38.6% to $688 million. AbbVie raised full-year guidance, demonstrating that a well-managed pipeline transition can absorb the commercial impact of a patent cliff.
Hendrix Albums Streaming Rights Upheld Under 1966 Agreement
The High Court of Justice of England and Wales rejected claims by band members that they retained ongoing rights in Jimi Hendrix’s classic albums, holding that rights had been assigned under a 1966 agreement. The court found that the contract’s language permitting exploitation by any method now known or hereafter to be known extended to modern streaming platforms. The ruling avoids potential industry-wide disruption from similar royalty claims.
Japan Jails Website Operator for Spoiler-Heavy Copyright Infringement
A Tokyo District Court convicted individuals behind a review website for posting detailed spoiler-heavy summaries of works including Godzilla Minus One and anime Overlord. The court found the posts went beyond commentary, with long plot descriptions, dialogue excerpts and images effectively substituting the original works. The conduct was characterised as unauthorised adaptation rather than fair review. One operator received an 18-month custodial sentence and a fine exceeding $6,000.
Eli Lilly and Profluent Sign $2.25 Billion AI Gene Editing Deal
Eli Lilly entered into a research collaboration with Profluent valued at up to $2.25 billion in milestones plus royalties, under which Profluent will use AI to design custom enzymes for precise DNA editing in genetic medicines. Lilly receives exclusive rights to develop and commercialise selected outputs. The deal reflects growing commercial value attached to AI-generated biological IP and raises questions of ownership, inventorship and protection of AI-designed therapeutic tools.
Duracell Must Face BASF Trade Secret Claims
Duracell v. BASF · United States
A United States court held that Berkshire Hathaway’s Duracell must face a lawsuit brought by BASF alleging misappropriation of battery trade secrets. The ruling allows the substantive claim to proceed to adjudication.
Taiwan Court Jails Executives for Stealing TSMC Trade Secrets
The Taiwan High Court imposed jail terms of up to ten years and a fine of T$150 million on individuals convicted of stealing TSMC trade secrets relating to 2nm chip technology. The Tokyo Electron unit involved in the matter was also implicated. The court’s treatment of advanced semiconductor technology as a critical national asset reflects the severity with which trade secret theft in the chip sector is being prosecuted.
📡 Radar Blip
EU Revises Technology Transfer Block Exemption Regulation
The European Commission updated its technology licensing competition rules under the Technology Transfer Block Exemption Regulation, effective 1 May 2026. The revised framework retains existing market share thresholds of 20% and 30% but adapts to digital markets, permits zero share thresholds for pre-market technology and extends the grace period for non-conforming agreements to three years. A one-year transition period applies until 30 April 2027, within which existing licensing agreements must be reviewed for compliance.
USPTO Launches AI-Based Trademark Classification Tool
The USPTO announced an AI-assisted trademark classification tool designed to improve accuracy in identifying appropriate classes during the filing process. The system is intended to assist applicants and streamline examination, reflecting growing integration of AI tools into IP office administration.
