Case Reviews Archives

Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

The Calcutta High Court denied an interim injunction to SRMB Srijan Pvt. Ltd., which sought to prevent the resale of its TMT bars by defendants citing trademark infringement. The Court held that resale of lawfully acquired SRMB products did not violate trademark rights, as per the Trade Marks Act, 1999, pending further investigation of alleged unauthorized territorial sales. Continue Reading Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

November 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 167Views 1Like

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CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

The Madras High Court granted Coimbatore Institute of Technology exclusive rights over the “CIT” trademark, ruling against Chennai Institute of Technology’s concurrent use. The court determined that Chennai Institute’s use of “CIT” was misleading, lacking distinctiveness, and obtained through suppression of facts. The respondent’s mark was ordered to be removed from the trademark register. Continue Reading CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

November 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 191Views 1Like

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Court restores patent application despite missed deadline to file request for examination

The Delhi High Court restored Bry-Air’s patent application after finding the delay was due to the former patent agent’s negligence, not the petitioner’s actions. The court emphasized that applicants should not suffer due to agents’ faults and allowed Bry-Air to proceed with Form 18 submission for patent examination. Continue Reading Court restores patent application despite missed deadline to file request for examination

November 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 226Views 1Like

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Telugu Actor Manchu Vishnu gets a John Doe Order to prevent misuse of his Name, voice and Likeness

The Delhi High Court granted Telugu actor Manchu Vishnu an interim injunction, barring content creators from unauthorized use of his name, image, and voice. The Court ordered the removal of defamatory content and directed YouTube to identify infringing accounts. Continue Reading Telugu Actor Manchu Vishnu gets a John Doe Order to prevent misuse of his Name, voice and Likeness

November 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Publicity Rights/ Celebrity Rights 0Comment 248Views 2Likes

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SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

In Scrum Alliance Inc. v. Prem Kumar S., the Madras High Court dismissed Scrum Alliance’s petition to revoke the “CSM” trademark registered by Prem Kumar. The Court held that Scrum Alliance had not substantiated prior use of the mark in India and affirmed Prem Kumar’s ri Continue Reading SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

November 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 191Views 1Like

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Importers Watch Out! Tag Heuer times out counterfeit watches

Tag Heuer S.A. successfully secured a court order for the destruction of counterfeit watches imported by Tinya International. The court awarded Rs. 5,00,000 in damages, plus further compensation, after finding clear evidence of trademark infringement. The ruling underscores the consequences of importing counterfeit goods and highlights the benefits of trademark protection and mediation. Continue Reading Importers Watch Out! Tag Heuer times out counterfeit watches

November 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, IP Settlements 0Comment 194Views 1Like

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Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

The Delhi High Court ruled in favor of Thijs, Roeland Michel Mathieu, ordering the restoration of Patent No. 408932 after it lapsed due to a communication error by the Patent Office. The court determined the lapse was not intentional on the appellant’s part and required the respondent to restore the patent upon payment of the renewal fee. Continue Reading Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

October 31, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 186Views 1Like

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Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

The Delhi High Court ruled in favor of Indian Hotels Company Limited (IHCL) in a case against Manoj for infringing the “TAJ” trademark and using copyrighted hotel images without authorization. The court ordered a permanent injunction against Manoj, mandated the transfer of the infringing domain, and awarded IHCL ₹10 lakhs in damages plus ₹5 lakhs in legal costs. Continue Reading Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

October 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 253Views 1Like

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Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

The Delhi High Court ruled in favor of Chasvinder Singh, affirming his exclusive rights over the SAP SWISS trademark in an appeal concerning its use by family members in the automotive industry. The court set aside a prior interim injunction and clarified the importance of written agreements in trademark assignments, concluding that no binding family settlement included the transfer of trademark rights. Continue Reading Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

October 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 237Views 1Like

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Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

The Madras High Court ruled in favor of petitioners V. Lakshminarayanasamy and Suguna Lakshminarayanasamy in the “SUGUNA” trademark case, ordering the rectification of the respondent’s mark registration due to its deceptive similarity and potential for consumer confusion. The court emphasized the petitioners’ established prior use and rejected the respondent’s defense of concurrent usage. Continue Reading Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

October 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 182Views 0Like

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Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

Court restores patent application despite missed deadline to file request for examination

Telugu Actor Manchu Vishnu gets a John Doe Order to prevent misuse of his Name, voice and Likeness

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

Importers Watch Out! Tag Heuer times out counterfeit watches

Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

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