Case Reviews Archives

Knowledge Theft : Property includes Intellectual Property, affirms Supreme court

The Supreme Court of India upheld the Bombay High Court’s interpretation that intellectual property, including research data, qualifies as ‘property’ under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This decision enables victims of caste-based atrocities to claim compensation for loss of intellectual assets. The ruling affirms the protection of knowledge-based assets and expands the legal definition of property under the Act. Continue Reading Knowledge Theft : Property includes Intellectual Property, affirms Supreme court

8 hours ago BananaIP Reporter Case Reviews, Intellectual Property 0Comment 46Views 0Like

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Can you reuse a discarded bottle to refill and sell your own goods or products?

The Madhya Pradesh High Court ruled in favor of Mount Everest Breweries Ltd., prohibiting the reuse of embossed beer bottles. The decision upheld the Excise Commissioner’s order, stating that reusing marked bottles leads to consumer deception and violates intellectual property rights. The appeal overturned the previous order, reinforcing legal protections for trademarks in the beer industry. Continue Reading Can you reuse a discarded bottle to refill and sell your own goods or products?

1 day ago BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 76Views 1Like

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Madras High Court Affirms Rejection of AI-Integrated Persona Patent

The Madras High Court dismissed an appeal challenging the rejection of a patent application for AI-integrated persona augmentation. The Court ruled that the invention lacked sufficient technical detail, inventive step, and patent-eligible subject matter under the Patents Act. It upheld the Controller’s decision, emphasizing the absence of tangible technical effects and clear disclosure requirements. Continue Reading Madras High Court Affirms Rejection of AI-Integrated Persona Patent

2 days ago BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 157Views 0Like

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand. Continue Reading Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

3 days ago BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 151Views 0Like

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Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

The Madras High Court ruled in favor of Wunderbar Films in its copyright dispute with Netflix over the unauthorized use of behind-the-scenes footage. Netflix’s applications challenging jurisdiction and seeking rejection of the plaint were dismissed. The Court held that territorial jurisdiction was valid, pre-suit mediation was not mandatory due to urgency, and combining statutory and common law remedies was permissible. Continue Reading Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

4 days ago BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 295Views 1Like

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Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims. Continue Reading Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

February 7, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 168Views 0Like

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‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

The Delhi High Court ruled on a trademark dispute between ‘Big Dipper’ and ‘Big Deeper,’ setting aside an ex parte injunction. The case centered on the assertion of transborder reputation by importers of the ‘Big Dipper’ mark. The Court relied on precedent to determine that mere global reputation is insufficient to claim trademark protection in India. The matter was remanded for fresh consideration. Continue Reading ‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

February 4, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 221Views 1Like

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Court clarifies distinction between business methods and technical inventions in section 3(k) related case

The Delhi High Court set aside the Indian Patent Office’s rejection of Comviva Technologies Limited’s patent application under Section 3(k) of the Patents Act, 1970. The Court recognized that the invention provided a technical advancement in securing electronic payment transactions. It directed the Patent Office to proceed with granting the patent, subject to any further objections under the law. Continue Reading Court clarifies distinction between business methods and technical inventions in section 3(k) related case

February 3, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 293Views 1Like

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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 300Views 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 414Views 0Like

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Celebrating 20 Years of IP Excellence

Knowledge Theft : Property includes Intellectual Property, affirms Supreme court

Can you reuse a discarded bottle to refill and sell your own goods or products?

Madras High Court Affirms Rejection of AI-Integrated Persona Patent

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

Shoes, footwears and deceptive similarity in Trademark law

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

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