2014-03-07

IPR MATTER : Delhi HIGH COURT PASSES ADVERSE ORDER AGAINST LIFE TECHNOLOGIES CORPORATION

 (NOW THERMOFISHER SCIENTIFIC INC. USA )

Press release // New Delhi // 15th Feb 2013

An application seeking injunction filed by Life Technologies Corporation USA (formerly Invitrogen Corporation) against Life Technologies India Private Limited 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 January 29, 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, 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 merger it filed two cases in 2010 & 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 Apr 2011 so as to acquire/seek license to use the Intellectual Property of LTIPL namely LIFE TECHNOLOGIES, LIFETECHINDIA.COM, GIBCOBRLINDIA.COM, 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 name 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, 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 somehow or the other 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 themselves have 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 04 Feb 2014.

ATZ Labs & 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: an ISO 9001:2008 provides products & services to Life Science Research, Industrial Biotech & Bio-Pharma sectors in India & Overseas markets to Academic, Govt. & Corporate entities. We enjoy an unparalleled goodwill & reputation in the fields of Immunology, Vaccinology, Adjuvant Science, Bioanalyte & Bio-contaminant quantification, over 3000 strains of JAX mice, Animal Health Monitoring & Screening, Metabolic Research, Next generation Antimicrobials for Laboratory Sanitization & Safety, Biodefense testing, Human Cytogenetics-covering Karyotyping & QF-PCR, Animal Tissue Culture, Dermal-Cosmetology including Anti-oxidant & Wrinkle assays, Bio-safety, Phytodiagnostics encompassing thousands of Plants including GMO testing for Crops. We have premium quantitation & testing tools for DPT, PRP, Hib, Hepatitis B, Meningococcal Pneumonia, Rabies, Polio, MMR, HPV, JEV, Anthrax, Malaria, FMD, Swine Fever etc. including Recombinant Proteins & Anti-cancer MAbs. The company’s vision is to provide technologies globally and make them affordable offering cost-effectiveness & high value to its customers and play the role of a responsible corporate citizen. 

For More Details about this press release: Contact Mr Rajan Sahni, Managing Director, Life Technologies India Pvt Ltd, Ph: 09810521400

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