Case Reviews Archives

Knowledge Transfer by Former Employee Cannot Be Enforced, Rules the Delhi High Court

The Delhi High Court has ruled that knowledge transfer by a former employee cannot be enforced, emphasizing the limitations on employment agreements and protecting employee rights. The court highlighted that personal service contracts are not subject to specific performance under the Specific Relief Act, 1963. Continue Reading Knowledge Transfer by Former Employee Cannot Be Enforced, Rules the Delhi High Court

August 7, 2024 BananaIP Reporter Case Reviews, General 0Comment 501Views 1Like

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Novartis says No to Novarish

In a landmark decision, the Bombay High Court granted Novartis AG an ad-interim injunction against Novarish Healthcare Private Limited for trademark infringement. Novartis successfully argued that Novarish’s use of the “NOVARISH” mark was deceptively similar to its well-known “NOVARTIS” trademark, leading to the court’s decision to protect Novartis’s intellectual property rights. Continue Reading Novartis says No to Novarish

August 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 373Views 0Like

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Did Emerge Classes’ mark fail the ‘passing off’ test?

The Srinagar Bench of the Jammu and Kashmir High Court dismissed an appeal by Emerge Classes in a trademark passing off case. The court emphasized that minor differences in trademarks do not necessarily make them distinct, upholding the injunction in favor of KIE and its associated entities. Continue Reading Did Emerge Classes’ mark fail the ‘passing off’ test?

August 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 367Views 1Like

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Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress

Glaxo Group Limited secured a legal victory in a trade dress dispute against Qpharm Health Care Limited. The Delhi High Court restrained Qpharm from using deceptively similar packaging and ordered the removal of infringing listings from third-party websites, protecting Glaxo’s established trademarks. Continue Reading Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress

August 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 311Views 1Like

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Tusk of War : Girnar’s Jumbo Overpowers North-Western’s Haathi

Girnar Food & Beverages Pvt. Ltd. wins a significant legal battle as the Calcutta High Court cancels The North-Western Cachar Tea Co. Ltd.’s trademark registration. The Court cited brand confusion and insufficient evidence of use by North-Western. Continue Reading Tusk of War : Girnar’s Jumbo Overpowers North-Western’s Haathi

July 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 279Views 2Likes

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Madras HC on Phonetic Similarity: Little Einsteins vs. Little Einsteinz

The Madras High Court ruled in favor of Sebille Educations, asserting that phonetic similarity takes precedence over visual differences in the trademark dispute between “Little Einsteins” and “Little Einsteinz,” emphasizing the importance of protecting established brands from deceptively similar marks. Continue Reading Madras HC on Phonetic Similarity: Little Einsteins vs. Little Einsteinz

July 24, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 352Views 1Like

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Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

The Delhi High Court issued an interim injunction in favor of ITW GSE APS, restraining Dabico Airport Solutions from infringing on ITW’s pre-conditioned air patent during the pending suit. ITW’s PCA units, featuring advanced VFDs controlled by a central controller, are recognized globally. Dabico’s challenges were dismissed, leading to the injunction and a mandated turnover disclosure. Continue Reading Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

July 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 405Views 2Likes

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Court Checks Out: ‘GINGER’ Hotel’s Fraudsters Blocked

The Delhi High Court has issued an ex parte ad interim injunction in favor of Indian Hotel Company Limited (IHCL), blocking fraudulent websites impersonating Ginger Hotels. The Court’s decision protects IHCL’s trademark and prevents ongoing financial fraud, safeguarding the company’s reputation and consumers’ trust. Continue Reading Court Checks Out: ‘GINGER’ Hotel’s Fraudsters Blocked

July 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 461Views 3Likes

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Cow dung lamp from Traditional Knowledge fails to light up patentability standards

The Madras High Court dismissed an appeal challenging the rejection of a patent for an eco-friendly lamp made from panchagavya and traditional herbal leaves. The court upheld the decision, citing traditional knowledge and lack of inventive step. Continue Reading Cow dung lamp from Traditional Knowledge fails to light up patentability standards

July 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents, Traditional Knowledge 0Comment 537Views 1Like

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Heifer’s Bullish Trademark Strategy Prevails: Court Grants Permanent Injunction

The Delhi High Court granted a permanent injunction in favor of Heifer Project International against Heifer Project India Trust and Mr. Pran K Bhatt for trademark infringement. The ruling prevents the defendants from using the “Heifer” trademarks and mandates the destruction of all materials bearing the infringing marks. Nominal damages and costs were also awarded to the plaintiff. Continue Reading Heifer’s Bullish Trademark Strategy Prevails: Court Grants Permanent Injunction