Case Reviews Archives

Shoes, footwears and deceptive similarity in Trademark law

The Delhi High Court granted a permanent injunction in favor of New Balance Athletics, Inc., restraining Kiran Shoe Company from infringing its trademarks. The Court awarded ₹7,00,000 in damages and costs, emphasizing that the defendant’s actions were deliberate and aimed at leveraging New Balance’s reputation. Continue Reading Shoes, footwears and deceptive similarity in Trademark law

January 15, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 174Views 0Like

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Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

The Madras High Court allowed Idemia Identity & Security France’s appeal, setting aside a refusal order under Section 3(k) for a cryptography patent. The Court ruled the order as a non-speaking one and in violation of natural justice. It directed fresh consideration of the matter, emphasizing technical contributions and adherence to CRI and European guidelines. Continue Reading Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

January 14, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 237Views 0Like

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Court reiterates importance of protecting consumers from confusion in case of pharma products

The Delhi High Court deliberated a trademark infringement case between Modi MundiPharma and Win Health Pharma. Allegations of deceptively similar trademarks in pharmaceutical products were raised, with the Court emphasizing the risk of consumer confusion. The application to challenge the validity of the defendant’s marks was disposed of, framing key issues on the marks’ invalidity. Continue Reading Court reiterates importance of protecting consumers from confusion in case of pharma products

January 13, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 185Views 1Like

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“ACTIV” Trademark watch by CASTROL leads to win against deceptively similar mark

The Delhi High Court granted Castrol Limited a permanent injunction and Rs. 7 lakh in damages in a trademark and copyright infringement case against Vivek Sen and another defendant. The defendants were restrained from using marks deceptively similar to Castrol’s trademarks, with evidence showing deliberate consumer misdirection. Continue Reading “ACTIV” Trademark watch by CASTROL leads to win against deceptively similar mark

December 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 382Views 0Like

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Court refuses interim injunction based on Patent Prosecution History

The Delhi High Court refused an interim injunction sought by Jay Switches in a patent infringement dispute against Sandhar Technologies. The Court found no prima facie infringement of Jay Switches’ patent for an airtight fuel cap and highlighted ambiguity in the claims. Sandhar was directed to maintain detailed accounts of product sales pending further proceedings. Continue Reading Court refuses interim injunction based on Patent Prosecution History

December 24, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 338Views 0Like

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Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

The Delhi High Court passed a permanent injunction and summary judgment in favor of AB Volvo and its group companies in a trademark infringement suit against Lamina Suspension Products Ltd. The court restrained the Defendant from using the “VOLVO” and “FMX” trademarks on leaf spring products, enforcing the settlement terms and protecting Volvo’s well-known trademarks in India. Continue Reading Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

December 21, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 342Views 1Like

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Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

The Madras High Court allowed France Telecom’s writ petition, overturning orders rejecting its patent application due to procedural delays. The Court emphasized that errors by agents should not deprive applicants of statutory rights, directing the Deputy Controller of Patents to process the application as per the Patents Act, 1970. Continue Reading Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

December 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 308Views 1Like

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A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’

The Delhi High Court issued a permanent injunction and awarded damages to Iconic IP Interests LLC and The Hershey Company in a trademark infringement and passing off case against Sarju Confectionery LLP. The defendant was found guilty of exploiting the goodwill associated with the “JOLLY RANCHER” mark by using a deceptively similar mark, “JOKY RAMPER,” and packaging. Continue Reading A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’

December 18, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 284Views 1Like

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Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

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

December 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 560Views 2Likes

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Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

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

December 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 306Views 2Likes

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Shoes, footwears and deceptive similarity in Trademark law

Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

Court reiterates importance of protecting consumers from confusion in case of pharma products

“ACTIV” Trademark watch by CASTROL leads to win against deceptively similar mark

Court refuses interim injunction based on Patent Prosecution History

Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

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