Case Reviews Archives

VANS obtains injunction against Trademark infringement under John Doe principles

VANS Inc. secured a permanent injunction against Gopal Goyal in a trademark infringement case before the Delhi District Court. The Court found Mr. Goyal guilty of selling counterfeit products under VANS’ mark, ordered the confiscation of infringing goods, and awarded VANS exemplary damages of ₹50,000 for reputational and financial losses. Continue Reading VANS obtains injunction against Trademark infringement under John Doe principles

October 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 165Views 1Like

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“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

In a recent ruling, the Delhi High Court dismissed L’Oréal India’s appeal to cancel the CLARIWASH trademark, affirming that no deceptive similarity exists between L’Oréal’s CLARI-formative marks and the CLARIWASH mark. Continue Reading “CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

October 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 158Views 1Like

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Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

The Delhi High Court dismissed Wipro’s appeal, upholding an interim injunction favoring Himalaya Wellness in the ‘Evecare’ trademark dispute. The court found that Wipro’s use of the identical mark for its female hygiene product created a likelihood of confusion with Himalaya’s Ayurvedic uterine tonic, which had been in use since 1997. The decision emphasized the precedence of prior use over trademark registration in cases of passing off. Continue Reading Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

October 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 198Views 1Like

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Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High Court

The Bombay High Court granted an interim injunction in favor of Hindustan Unilever Limited (HUL) against Abbott Laboratories, restricting the circulation of an advertisement for Ensure Diabetes Care. HUL argued that Abbott’s advertisement disparaged its Horlicks Diabetes Plus by creating a misleading impression. The court found merit in HUL’s claims, noting the ad’s intent to undermine its competitor. Continue Reading Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High Court

October 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 206Views 1Like

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Design infringing water purifiers taken down from Flipkart

On 1 October 2024, the Delhi High Court granted an ex-parte ad-interim injunction in favor of Kent RO Systems Ltd. in a case involving design infringement and passing off. The court restrained the defendants from selling infringing water purifiers and directed Flipkart to remove all listings of the infringing products. Continue Reading Design infringing water purifiers taken down from Flipkart

October 9, 2024 BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 177Views 1Like

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Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

The Madras High Court has overturned the rejection of Kymab Limited’s patent application related to generating antibodies in non-human mammals. The Court found that the invention does not fall under Section 3(i) of the Patents Act, 1970, as it is not a method for treating animals but a process for producing antibodies using genetically modified animals. The patent is now set to be granted. Continue Reading Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered…

October 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 204Views 1Like

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Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

The Delhi High Court overturned the Deputy Controller’s decision rejecting Axcess Limited’s patent application. The Court ruled that the amended claims were within the scope of the original application and remanded the case for fresh consideration, providing guidance on permissible amendments under the Patents Act, 1970. Continue Reading Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

October 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 198Views 0Like

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Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, holding that Micky Metals’ use of the “LUX TMT” mark constituted passing off. The Court granted a permanent injunction, emphasizing that the Plaintiffs’ trademark rights extended even to dissimilar goods. Continue Reading Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

October 3, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 187Views 0Like

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Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

The Delhi High Court dismissed Rasayanam Enterprises’ appeal against an injunction in a trademark infringement case concerning the deceptive packaging of Shilajit. The court found Rasayanam’s 20 gm packaging deceptively similar to Upakarma Ayurveda’s trademark, thus upholding the interim injunction, emphasizing consumer confusion in competitive products. Continue Reading Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

October 1, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 299Views 1Like

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Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

The Delhi High Court issued a permanent injunction in favor of Kaira District Cooperative Milk Producers Union, prohibiting Bio Logic from using the “AMUL” trademark for pharmaceutical products. The court found Bio Logic’s use of the trademark deliberate and awarded Kaira Rs. 5,00,000 in damages and costs. Continue Reading Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

September 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 349Views 2Likes

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VANS obtains injunction against Trademark infringement under John Doe principles

“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High Court

Design infringing water purifiers taken down from Flipkart

Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

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