Trademark Law Series – Unconventional Trademarks in India

SHAPE TRADEMARK Indian courts have also been more or less consistent in their judgments with regard to shape as a trademark. In the case of Lilly ICOS LLC and Anr. v. Maiden Pharmaceuticals Ltd. wherein it had been alleged that the almond shape of the plaintiff’s product had been copied by the defendant, the Delhi High Court passed judgment in favor of the plaintiff and thereafter issued an injunction against the defendants in this regard as it was of the opinion