The Delhi High Court upheld Novartis’s patent on Ceritinib, rejecting Natco Pharma’s claims of invalidity and allegations of material suppression. The court ruled that the divisional application’s refusal was immaterial to the case and reaffirmed the patent’s validity based on inventive step, novelty, and therapeutic benefits. Natco’s application to vacate the injunction was dismissed. Continue Reading Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity
The Bengaluru Court ruled in favor of Cothas Coffee in a trademark infringement and passing-off suit, granting a permanent injunction against Defendants for using “COTHA.” The case highlights the importance of trademark rights and adherence to legal agreements in competitive business practices. Continue Reading Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory
The Calcutta High Court has granted interim relief to Kamal Kumar Hirawat, restraining Maruti Poly Films from using the trademark “FITTER.” The Court held that the mark was deceptively similar to the petitioner’s registered trademark “FIGHTER,” used for adhesive tapes since 1995, and could cause consumer confusion, potentially harming the petitioner’s business. Continue Reading The sticky trademark fight between “FIGHTER” and “FITTER”
The Madras High Court dismissed Monster Energy’s appeal against the refusal to register “Energy for the Journey” as a trademark, citing lack of distinctiveness. The Court upheld that generic or descriptive marks cannot be monopolized without evidence of secondary significance, allowing the appellant to reapply upon establishing distinctiveness through prolonged use. Continue Reading Monster Energy falls short of “Energy for the ‘Trademark’ Journey”
The Delhi High Court granted interim injunctions in favor of Hindware Limited, restraining the Defendants from infringing Hindware’s trademarks and registered design. This landmark ruling underscores the importance of protecting trademark and design rights against counterfeit products. Continue Reading Delhi High Court Protects Hindware’s Trademark and Design Rights
The Patiala House Courts in New Delhi delivered a decisive ruling in favor of Swatch Group, issuing a permanent injunction against four traders for trademark infringement and passing off. The court ordered the destruction of counterfeit goods and awarded costs to the plaintiffs, affirming their statutory rights under the Trade Marks Act, 1999. Continue Reading Trademark Win: Swatch Group’s careful watch leads to Permanent Injunction
Adidas AG successfully sued Jai Prakash for trademark infringement and passing off, securing a permanent injunction and Rs. 5 lakh in damages. The Delhi court recognized the unlawful use of Adidas trademarks, including “Three Stripes” and “Trefoil,” for selling counterfeit products in Karol Bagh, Delhi. Continue Reading ADIDAS kicks up a storm, wins 5 lakhs in Trademark infringement case
The Delhi High Court granted an interim injunction to ITC Limited, restraining Arpita Agro from using the deceptively similar trademark “POWRNYM.” The case highlights issues of trademark infringement, passing off, and contractual obligations, emphasizing the importance of protecting intellectual property rights. Continue Reading ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks
The Madras High Court overturned the Controller’s refusal of Intervet International’s patent application, underscoring the importance of natural justice and reasoned orders in patent proceedings. The case involved complex issues under Sections 3(d) and 3(e) of the Patents Act, with the Court remanding the matter for reconsideration. Continue Reading Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice
The Delhi High Court ordered the cancellation of a deceptively similar COCOMELON trademark registered by the respondent. Treasure Studio Inc., the creators of the globally recognized children’s brand, successfully secured relief, ensuring stronger protection for its distinctive trademark and intellectual property rights. Continue Reading COCOMELON spells a ‘Melon’cholic end for Copycat Competitors