NEW DELHI, February 19, 2014 /PRNewswire/ --
After successive losses in NAF (USA), Life Technologies Corp again loses injunction application in Delhi High Court. The Indian company produces decade long evidences to claim ownership on marks/domains.
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An application seeking injunction filed by Life Technologies Corporation USA (formerly Invitrogen Corporation USA) against Life Technologies India Private Limited (LTIPL) from using the marks/domains viz. Life Technologies, Life Tech, as well as domains Lifetechindia.com, Lifetechnologiesindia.co.in, LifetechnologiesIndia.Com, Gibcobrlindia.com and Invitrogenindia.com was dismissed by the Hon'ble High Court of Delhi vide its order dated 29 January 2014.
LTIPL, an Indian company promoted by Mr. Rajan Sahni, was established in 2002. Invitrogen Corporation sold out 100% shareholding of its Indian arm ATZ Lab Solutions India Private Limited (ATZ Labs) to LTIPL in December 2002. ATZ Labs (formerly Invitrogen India Pvt. Ltd and Gibcobrl India Pvt. Ltd.) was sold out lock, stock and barrel as a going concern to LTIPL.
Invitrogen Corporation (USA) merged with ABI and changed its name to LTC upon merger in November 2008. After the merger, it filed two cases in 2010 and 2011, respectively, against ATZ Labs before National Arbitration Forum, USA (NAF) for transfer of domains (Gibcobrlindia.com and Invitrogenindia.com) which were dismissed at NAF. After dismissal of the two petitions at the NAF, LTC then approached LTIPL in April 2011 to acquire/seek license to use the Intellectual Property of LTIPL namely Life Technologies, Lifetechindia.com, Gibcobrlindia.com and Invitrogenindia.com, duly admitting and acknowledging that the above brand names/related domains were the assets of LTIPL. After being declined by LTIPL, LTC then approached the Hon'ble High Court of Delhi for a prohibitory injunction against LTIPL and ATZ Labs from using the names Life Technologies, Life Tech, Lifetechindia.com, LifetechnologiesIndia.Com, Lifetechindia.co.in, Lifetechnologiesindia.co.in, as well as Gibcobrlindia.com and Invitrogenindia.com.
After nearly 20 months of hearing (spread over 40 different days during 2012, 2013 and 2014) and examination of 30,000 pages of documents, the Hon'ble High Court of Delhi has dismissed LTC's application, thereby vacating its earlier ex-parte ad-interim injunction. The Hon'ble High Court observed that the litigation commenced only after LTC had lost before NAF for taking another chance to get back the suit marks, domain names etc. from the defendants over which Invitrogen Corporation itself had been left with no rights much before the re-incorporation/resurrection of plaintiff no.1 in the year 2008. The Hon'ble High Court has further held that LTC accepted the position that the suit trademarks etc. stood vested in ATZ Labs/LTIPL.
Invitrogen Corporation, the US-based company that had changed its name to Life Technologies Corporation (LTC), in November 2008 has recently been sold out to Thermo Fisher Scientific Inc., USA, on 4 February 2014.
ATZ Labs and LTIPL were represented at the NAF and Hon'ble High Court by Mr. Abhishek Saket of Infini Juridique, a leading corporate, IPR and technology law firm in India.
About Life Technologies (India) Pvt. Ltd
Life Technologies (India) Pvt. Ltd is an ISO 9001:2008 company that provides products and services to life science research, industrial biotech and bio-pharma sectors in India and overseas markets to academic, government and corporate entities. The company enjoys an unparalleled goodwill and reputation in the fields of immunology, vaccinology, virology, tissue culture, adjuvant science, bioanalyte and bio-contaminant quantification, over 3000 JAX mice models, animal health monitoring and screening, metabolic research, next-generation antimicrobials for laboratory sanitization and safety, biodefense testing, human cytogenetics, phytodiagnostics, quantitation and testing tools for DPT, PRP, Hib, hepatitis B, meningococcal pneumonia, rabies, polio, MMR, HPV, JEV, anthrax, malaria, FMD, swine fever etc. The company's vision is to globally provide technologies that make a difference in life science research, so that researchers can reach their goals successfully and sooner, with more value for money.
Primary Media Contact: Mr Rajan Sahni, Managing Director, Life Technologies India Pvt Ltd, 91-9810521400, [email protected], [email protected]
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