India - Determining The Date Is Paramount To Prove Passing Off And Trademark Infringement.

November 14, 2023 by Rohin Pujari

The Madras High Court recently, via its judgment dated 07th Sept 2023 in the case of Appolo Burn Hospital vs Apollo Hospitals Enterprises Ltd, decided a trademark dispute between Appolo Burn Hospital and Apollo Hospitals. This case highlighted the important role of the relevant date in determining trademark infringement and passing off claims. The cruciality of timely registration of a trademark, the burden of evidence on the trademark owner, and further prove the reputation and goodwill in passing off cases.

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Discover Manisha Singh, founder of LexOrbis and seasoned IP lawyer with 23+ years of experience, known for providing business-focused solutions and advocating for India's IP system.

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Manisha Singh – Lex Orbis

Manisha Singh, founder and managing partner of LexOrbis, is a highly reputed lawyer with more than 23 years of experience. Known for her astute understanding of IP laws and litigation nuances, Manisha provides practical and business-oriented solutions to a vast number of clients including many Fortune 500 companies, globally renowned universities, and public sector research organizations.

She has been instrumental in developing global portfolios of patents, designs and trademarks for many Indian companies and research institutions. She passionately pursues endeavors to strengthen India’s IP protection and enforcement system to align it with international standards and work closely with the industry associations and the government. She is a member of IPR committees of CII, FICCI and ASSOCHAM.

She was elected as the Vice-President of India Group of Asian Patent Attorney Association in 2019. Manisha is also the Standing Counsel for the Reserve Bank of India at the Delhi High Court and is known for her deep understanding of corporate, banking, and financial services laws. Manisha is a prolific writer and has contributed chapters in Indian IP laws to many leading publications including Mondaq, IP Media Group, Vantage Asia, Managing IP, Asia IP, CTC Media to name a few. She is consistently recognized for her contribution to the IP field by world-renowned organizations.