“Overview of Recent Intellectual Property Case Settlements: Asian Paints, Colorbar, and Pfizer”

In a recent development, three high-profile intellectual property (IP) cases have been settled, two of which were related to trademarks and one to patents. The trademark cases were filed by Asian Paints against Gopinath Paints, and Colourbar against Faces. The patent case was filed by Pfizer against Triveni Interchem.

In the first case, Asian Paints, a leading paint company, had filed a trademark and copyright infringement suit against Gopinath Paints. The dispute revolved around the infringement of Asian Paints’ registered trademarks Tractor and Royale, and related trade dress/packaging. The parties have now reached a settlement, with Gopinath Paints agreeing to cease the use of the trademark and trade dress. Additionally, Gopinath Paints paid a sum of Rs. 1.5 Lakh Rupees as a settlement amount and agreed to destroy the pending stock within seven days of filing the consent terms.

The second case involved a trademark dispute between Colorbar and Faces over the use of the trademark, Velvet Matte, for Lip Colour and Lipstick. Faces had also filed a trademark application for ‘Faces Canada Velvet Matte Lipstick’. The parties have now settled the dispute, with Faces agreeing to stop using the mark, Velvet Matte, or any similar mark for its products. Faces also agreed to exhaust the pending stock within 90 days, after which the products would not be sold in the market. The settlement agreement also includes a penalty provision, requiring Faces to pay 2 crore Rupees if it contravenes the provisions of the settlement.

The third case was a patent dispute between Pfizer and Triveni Interchem relating to compounds for cancer treatment. Pfizer had filed a patent infringement suit against Triveni Interchem regarding its patent (In218291). The parties have now reached a settlement, with Triveni Interchem agreeing not to manufacture or sell its Palbociclib products. As part of the settlement, Triveni Interchem has agreed to pay Pfizer a sum of Rs. 45 Lakh Rupees, and Pfizer has agreed to withdraw its demand for damages.

These cases highlight the fact that more than 90% of IP cases are settled out of Courts. Resolving disputes through amicable terms can prove to be a good option for parties. This can be achieved through a simple analysis of the case strength, reaching out to the other party, and effective negotiation.

However, it is important to note that the case notes in this report have been written by IP attorneys at BananaIP Counsels based on their review and understanding of the Judgments. Other IP attorneys and experts in the field may have different opinions about the cases or arrive at different conclusions therefrom. It is advisable to read the Judgments before making any decisions based on the case notes.

For further queries, you can reach out to an IP expert/attorney at [email protected] or 91-80-26860414/24/34.

These cases serve as a reminder of the importance of protecting intellectual property rights and the potential consequences of infringement. They also underscore the value of effective negotiation in resolving disputes and avoiding protracted legal battles.