Case Reviews Archives

Court Lifts injunction on Tractor-Forklift Design

The Madras High Court deliberated on whether a tractor fitted with a forklift can be considered a new vehicle and thus be eligible for design registration. The Court’s analysis focused on the novelty and innovation of the design, ultimately determining that such a combination was not new or original, leading to the vacation of an earlier injunction. Continue Reading Court Lifts injunction on Tractor-Forklift Design

June 28, 2024 BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 348Views 1Like

ShareFacebook

Another Dis’connected’ order by the registry, set aside by the Court

The Calcutta High Court has set aside a refusal order by a Senior Examiner of Trademarks against the registration of the trademark ‘ELECTRONICA.’ The Court directed a new hearing and a reasoned order, highlighting procedural fairness in trademark registration processes. Continue Reading Another Dis’connected’ order by the registry, set aside by the Court

June 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 335Views 3Likes

ShareFacebook

Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld

The Delhi High Court ruled in favor of Honeywell International Inc., overturning a refusal order by the Patent Office. The court emphasized the importance of fairness and the consideration of claims in conjunction with complete specifications, setting a precedent for thorough examination in patent matters. Continue Reading Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld

June 26, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 456Views 1Like

ShareFacebook

Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

On June 13, 2024, the Bombay High Court granted Glenmark an interim injunction against Gleck Pharma in a trademark dispute over “ZITA-MET” and “XIGAMET”. The court found that the similarities between the trademarks could confuse consumers, leading to potential health risks, and applied strict standards to prevent such confusion. Continue Reading Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

June 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 463Views 0Like

ShareFacebook

Glaxo’s BETNESOL vs Zee’s BETNEVIN : Who do you BET on?

The Delhi High Court enforced a decree favoring Glaxo Group Limited against Mr. Rajiv Mukul, restraining the use of ‘BETNEVIN’ due to trademark infringement of ‘BETNESOL’. The Court upheld that infringement determination could be made in an execution petition to enforce the decree of injunction. Continue Reading Glaxo’s BETNESOL vs Zee’s BETNEVIN : Who do you BET on?

June 24, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 335Views 1Like

ShareFacebook

Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

The Delhi High Court overturned the patent refusal for Alimentary Health’s probiotic formulation, emphasizing the need for an objective analysis of inventive step under the Patents Act, 1970. The Court criticized the Patent Office’s decision and highlighted the importance of avoiding hindsight bias in evaluating patent applications. Continue Reading Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

June 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 483Views 0Like

ShareFacebook

The High Court of Bombay granted Pidilite an interim injunction against Astral for design infringement, protecting its unique container design.

Pidilite Contains Astral from infringing its Container Design

On June 13, 2024, the High Court of Bombay granted Pidilite Industries Limited an interim injunction against Astral Limited, protecting its registered container design. The Court found Astral’s design to be deceptively similar and upheld the novelty and distinctiveness of Pidilite’s design. Continue Reading Pidilite Contains Astral from infringing its Container Design

June 21, 2024 BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 628Views 1Like

ShareFacebook

The Bombay High Court issues an ad-interim injunction in Karan Johar's lawsuit, blocking a film's title that unlawfully exploits his name and celebrity status.

Court halts release of film exploiting Karan Johar’s celebrity status

On June 13, 2024, the Bombay High Court granted an ad-interim injunction in favor of Karan Johar, restraining Indiapride Advisory Pvt Ltd. from using his name and attributes in their film’s title, citing unlawful exploitation of his celebrity status and potential public confusion. Continue Reading Court halts release of film exploiting Karan Johar’s celebrity status

June 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Publicity Rights/ Celebrity Rights 0Comment 463Views 1Like

ShareFacebook

Image accompanying blogpost on "Court Cancels 'Crocksclub' trademark"

Crocs croaks out its clone! Court Cancels ‘Crocksclub’ trademark

Crocs Inc. successfully filed a rectification petition to remove the trademark CROCKSCLUB, securing sole rights to the CROCS trademark in India. The court ruled in favor of Crocs Inc., highlighting the likelihood of confusion and risk of association with CROCS goods. Continue Reading Crocs croaks out its clone! Court Cancels ‘Crocksclub’ trademark

June 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 590Views 2Likes

ShareFacebook

Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

The Calcutta High Court ruled that while Emami could not establish trademark infringement, it succeeded in its passing off claim against Unilever’s ‘Glow and Handsome’. The court ordered Unilever to cease using the mark within a month, upholding Emami’s rights and protecting its brand reputation. Continue Reading Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”