Case Reviews Archives

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

July 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 262Views 1Like

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Court balances Hygieia’s patent application after IPO disbalances it under section 59

The Madras High Court has set aside the refusal of Hygieia Inc.’s patent application, highlighting the need for proper consideration of amended claims. The court emphasized the importance of interpreting claims in conjunction with their specifications and has directed a re-examination of the application by a different controller within six months. Continue Reading Court balances Hygieia’s patent application after IPO disbalances it under section 59

July 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 359Views 2Likes

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“Focus on technology, not semantics” says court in case involving gene technology

The Madras High Court ruled in favor of Toyota, overturning the patent office’s refusal to grant a patent for a gene increasing plant biomass and seed production. The court emphasized the importance of scientific aspects over language semantics and directed a review within six months. Continue Reading “Focus on technology, not semantics” says court in case involving gene technology

July 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 332Views 1Like

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Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

The Madras High Court remanded Pinnacle Engines Inc.’s patent application for their opposed piston engine, addressing inventive features overlooked by the Assistant Controller of Patents. The court emphasized the significance of the crank offset and opposite crankshaft rotation in reducing friction and vibration, directing a reassessment by a different officer. Continue Reading Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

July 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 353Views 1Like

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Patent on Portable Vehicle Management System goes offtrack

The Delhi High Court confirmed the refusal of Mahesh Gupta’s patent application for a Portable Vehicle Management System, citing the lack of an inventive step in light of prior arts D4 and D5. The decision underscores important principles of patentability, including mosaicing, hindsight bias, and the criteria for non-obviousness. Continue Reading Patent on Portable Vehicle Management System goes offtrack

July 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 382Views 0Like

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Whose mark got the ‘X’ Factor? Relaxo Footwear vs XS Brands

The Delhi High Court analyzed a trademark dispute between Relaxo Footwears Limited and XS Brands Consultancy over the use of the ‘X’ device mark. Despite Relaxo’s claims of prior use, the court found in favor of XS Brands, citing the limited likelihood of consumer confusion and the crowded trademark register. Continue Reading Whose mark got the ‘X’ Factor? Relaxo Footwear vs XS Brands

July 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 458Views 2Likes

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Marc Salon’s Design Makes the Cut: Court Grants Injunction

The Delhi High Court has confirmed an interim injunction in favor of Marc Salon in a case against GM Sales involving claims of passing off, copyright infringement, and unfair trade practices. The ruling underscores the protection of Marc Salon’s unique furniture designs and highlights the significance of intellectual property rights in the industry. Continue Reading Marc Salon’s Design Makes the Cut: Court Grants Injunction

July 4, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 422Views 0Like

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‘Controller under an obligation to inform inventor’ says Madras High Court

This post examines two crucial orders from the Madras High Court regarding patent refusals, highlighting the necessity for Controllers to provide detailed and well-reasoned orders. The cases of Nihon Onkyo Engineering Co. Ltd. and Qualcomm Incorporated demonstrate the importance of clarity in refusal decisions to facilitate judicial review and ensure transparency. Continue Reading ‘Controller under an obligation to inform inventor’ says Madras High Court

July 3, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 339Views 1Like

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We cannot stop Yakshini, says the Delhi High Court

The Delhi High Court has denied Pocket FM’s request for an interim injunction against Novi Digital’s television series “Yakshini.” Pocket FM claimed copyright infringement, citing similarities with its audio series. The court ruled that “Yakshini,” a mythological character, cannot be exclusively claimed by Pocket FM and that the case did not demonstrate sufficient evidence of copyright violation. Continue Reading We cannot stop Yakshini, says the Delhi High Court

July 2, 2024 IP AI Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 568Views 0Like

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MRF’s Trademark Muscle Secures Victory in Dispute Against Powermax

The Madras High Court ruled in favor of MRF Limited in a trademark and copyright infringement case against Powermax Rubber Factory and Powermax Tyre, granting a permanent injunction and awarding nominal damages. The court found Powermax’s use of similar logos likely to cause consumer confusion and mislead the public. Continue Reading MRF’s Trademark Muscle Secures Victory in Dispute Against Powermax