R. K. Dewan & Co.
rkdewan.comrkdewan.comNotable cases
- Category - Trademark (Passing Off) Litigation
Grand View Research (GVR) is an India & U.S. based market research and consulting company, headquartered in San Francisco, having revenue of $60 Million, and database featuring statistics and analysis on 46 industries in 25 major countries worldwide.
Type of work –
- A company named 'Grand View Report’ was found in passing off GVR’s registered trademark by adopting a nearly identical company name, acronym and colour combination in its logo and providing identical services under the marks 'GRAND VIEW REPORT', 'GVR'.
- R K Dewan & Co. has successfully protected the client’s trademark in India and simultaneously initiated a passing off action against Grand View Report. Accordingly, several trademark applications were filed for the protection of the marks. The passing off suit was also filed amidst the ongoing pandemic before the Pune District Court and now the matter has been settled and a decree has been obtained in Client’s favour. Grand View Report's website has been taken down and is not in operation any more.
- Category - Trademark (Infringement) Litigation, Investigations - UAE
Kamal & Sons, (annual turnover 50 Cr) a Star Export House and the owner of the renowned “S.B. DEER BRAND” ® Sat Isabgol (Psyllium Husk & Powder)
- R K Dewan & Co. assisted Kamal & Sons in taking criminal action against trademark infringement in the United Arab Emirates through our representatives and with the assistance of the Dubai Police. Upon investigation by the Dubai Police, the Case was sent to the Public Prosecution and then to the Criminal Court for hearing and issuance of a Decision.
- September 2022, the Court passed a Decision in favor of Kamal & Sons. The Court has also imposed a penalty of AED20000 (INR 4, 45,000 Approx.) to be paid by the Infringer and ordered the destruction and confiscation of three truckloads of counterfeit products weighing about 7.41 tons (6722 Kilograms) under the infringing “STAG” trademark.
- Category - Patent Searches, Drafting, Filing, Prosecution and Portfolio Management, Out-Licensing.
Mahindra Group (USD 21-billion-dollar multinational, multi-industry Indian conglomerate, presence in more than 21 countries)
Type of work -
- Since 2019, R K Dewan & Co. has filed over 75 patent applications for Mahindra and drafted over 150 provisional and complete specifications from scratch.
- Prosecuting patent applications and obtaining grants at the Indian Patent Office and also in the USA, Europe, South Africa, Brazil and Sri Lanka as well as handling oppositions (both pre-grant & post-grant) at various Patent Offices.
- Currently the firm handles a portfolio of over 300 patent applications worldwide.
- In the past year, R K Dewan & Co. has conducted more than 25 Freedom to Operate searches for Mahindra including in European countries, India and South Korea and assisted in licensing out its paint spraying technologies (for cars) to other industries by drafting and executing licensing agreements.
- Category – Trademark, Trade Dress Litigation & International Prosecution
Parle Products Ltd. (India’s largest manufacturer of biscuits and confectionery for 80+ years, revenue ranging in USD 6000 Million, 70% share of the global biscuit market.)
Type of work –
- Britannia v. Parle (Bangalore): Britannia Industries Ltd filed a suit for trade dress infringement against Parle for use of the phrase “Twenty Twenty” for biscuits, at the Bangalore City Civil Court which passed an ex parte interim injunction. R K Dewan & Co. on behalf of Parle appealed to the Karnataka High Court against the Order. Due to R K Dewan’s efficient argument at the City Civil Court, the Interim Injunction order against Parle was stayed by the Court. Further, The High Court allowed disposal of the biscuits which have been already manufactured by Parle.
- Parle v. B & B Bake (New Delhi): A suit for passing off was filed in District Court of Delhi against Parle Products Pvt. Ltd. by B & B Bake Pvt. Ltd. seeking injunction against use of the trademark AMERICANA for its bakery products, of which the plaintiff claimed to be the prior user. An ex parte injunction was granted in favour of Plaintiff by the District Judge and after hearing the parties confirmed the ex parte
- Against the order of Ld. ADJ, R K Dewan filed an appeal at the Delhi High Court and had of the order of the District Court vacated, stating that since the word was a dictionary word evoking the affinity of the product to America, the plaintiff could not claim exclusive rights to it.
- Addtionally, R K Dewan & Co. handles the Parle International Trademarks Portfolio comprising a total of 700+ marks in 75 countries worldwide as well as Parle’s domestic trademark portfolio, now amounting to 600+ marks which includes the mark ‘Parle-G’, the largest selling biscuit brand in the world by volume.
- Category - All round IP protection
Reliance Industries Limited (RIL, a Fortune 500 Indian multinational conglomerate company with annual revenues >$60 billion, engaged in energy, petrochemicals, natural gas, retail, telecommunications, mass media, and textiles. India's largest exporter - 7% of India's total merchandise exports in over 100 countries.)
Type of work -
- R K Dewan & Co. has worked with RIL and its various subsidiaries for patent drafting, patent searching, prosecution & post-grant maintenance requirements in India and abroad for over 10 years.
- Overall patent portfolio: The firm handles the entire patent portfolio comprising a total of approximately 800+ Indian patent applications/patents and approximately 1250+ international patent applications/patents covering diverse technologies in over 31 countries/regions.
- Trademarks: R K Dewan & Co. files trademark applications in India and internationally and assists RIL in navigating the hazards in IP in all sectors.
- Advises regarding Copyrights and Design in the artificial intelligence space and trade secrets. RKD has filed & obtained multiple Design registrations for the client.