Intellectual Property Archives

‘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 335Views 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 557Views 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

July 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 462Views 0Like

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Court Lifts injunction on Tractor-Forklift Design

The Madras High Court deliberated on whether a tractor fitted with a forklift can be considered a new vehicle and thus be eligible for design registration. The Court’s analysis focused on the novelty and innovation of the design, ultimately determining that such a combination was not new or original, leading to the vacation of an earlier injunction. Continue Reading Court Lifts injunction on Tractor-Forklift Design

June 28, 2024 BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 338Views 1Like

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Another Dis’connected’ order by the registry, set aside by the Court

The Calcutta High Court has set aside a refusal order by a Senior Examiner of Trademarks against the registration of the trademark ‘ELECTRONICA.’ The Court directed a new hearing and a reasoned order, highlighting procedural fairness in trademark registration processes. Continue Reading Another Dis’connected’ order by the registry, set aside by the Court

June 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 330Views 3Likes

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Karnataka High Court to form IP Division: Sub-Committee notified

The High Court of Karnataka has notified the establishment of an IP Division with a sub-committee to draft rules, aligning with similar initiatives by other High Courts. The sub-committee includes key legal figures and aims to streamline IP legal processes. Continue Reading Karnataka High Court to form IP Division: Sub-Committee notified

June 27, 2024 BananaIP Reporter Intellectual Property 0Comment 447Views 0Like

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Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld

The Delhi High Court ruled in favor of Honeywell International Inc., overturning a refusal order by the Patent Office. The court emphasized the importance of fairness and the consideration of claims in conjunction with complete specifications, setting a precedent for thorough examination in patent matters. Continue Reading Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld

June 26, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 449Views 1Like

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Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

On June 13, 2024, the Bombay High Court granted Glenmark an interim injunction against Gleck Pharma in a trademark dispute over “ZITA-MET” and “XIGAMET”. The court found that the similarities between the trademarks could confuse consumers, leading to potential health risks, and applied strict standards to prevent such confusion. Continue Reading Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

June 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 453Views 0Like

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Glaxo’s BETNESOL vs Zee’s BETNEVIN : Who do you BET on?

The Delhi High Court enforced a decree favoring Glaxo Group Limited against Mr. Rajiv Mukul, restraining the use of ‘BETNEVIN’ due to trademark infringement of ‘BETNESOL’. The Court upheld that infringement determination could be made in an execution petition to enforce the decree of injunction. Continue Reading Glaxo’s BETNESOL vs Zee’s BETNEVIN : Who do you BET on?

June 24, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 330Views 1Like

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INDIAN PATENT AND DESIGN STATISTICS 2024 (JUNE 7TH TO JUNE 14TH)

Indian Patent and Design Statistics 2024 (June 7th to 14th)

24th issue of the Indian Patent Journal (14th June 2024) features 1,461 patent publications, 728 grants, and 453 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (June 7th to 14th)