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

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

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Passing Off Suit: 'LUX' Trademark Protected by Calcutta High Court

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

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

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

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

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’

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‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

In the case of Koteshwar Chemfood Industries Pvt. Ltd. v. Sachdeva and Sons Industries Pvt. Ltd., the Delhi High Court ordered rectification of the ‘PRIME’ trademark, removing salt and spices due to non-use, following a petition filed by Koteshwar Chemfood. Continue Reading ‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

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When Saregama found a copyright infringement suit not so e'Zee'

When Saregama found a copyright infringement suit, not so e’Zee’

The Delhi High Court held that Saregama’s suit against Zee Entertainment over copyright infringement was rendered infructuous under Section 60 of the Copyright Act, allowing Saregama to file a counterclaim. The court made no ruling on the final copyright claims, pending trial. Continue Reading When Saregama found a copyright infringement suit, not so e’Zee’

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Flipkart’s Latching On Feature and Trademark Passing Off

Flipkart’s Latching On Feature and Trademark Passing Off

The Delhi High Court ruled in favor of Modern Mold Plast, directing Flipkart to block unauthorized sellers from using the ‘MAHARAJA’ trademarks on its platform. The court confirmed that unauthorized sellers latching onto existing listings amounted to passing off and infringing upon the plaintiffs’ trademark rights. Continue Reading Flipkart’s Latching On Feature and Trademark Passing Off

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"Liv-52 versus Liv-40.” In the game of Trademarks you "Liv" or you die!

“Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!

The Delhi High Court granted an interim injunction in favor of Himalaya Global Holdings, restraining the defendants from infringing on the “Liv.52” trademark and using deceptively similar packaging. The court also appointed local commissioners to seize infringing products and gather evidence at the defendants’ premises. Continue Reading “Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!

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Blackberry blacks out in case relating to patentability of algorithmic processes

Blackberry blacks out in case relating to patentability of algorithmic processes

This article analyzes India’s legal stance on the patentability of algorithmic processes under Section 3(k) of the Patents Act, 1970. Focusing on the Delhi High Court’s judgment in Blackberry Limited vs. Assistant Controller of Patents and Designs, the post explores key arguments, legal precedents, and implications for software patents in India. Continue Reading Blackberry blacks out in case relating to patentability of algorithmic processes

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Karnataka High Court breaks barriers on accessibility at Intellectual Property office in landmark ruling

Karnataka High Court breaks barriers on accessibility at Intellectual Property office in landmark ruling

In a landmark judgment, the Karnataka High Court has directed the Indian Intellectual Property Office to implement accessibility measures, ensuring that Persons with Disabilities can interact with the IPO systems seamlessly, setting a new precedent for inclusivity in governmental digital interfaces. Continue Reading Karnataka High Court breaks barriers on accessibility at Intellectual Property office in landmark ruling

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