Intellectual Property Archives

Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

The Delhi High Court overturned the patent refusal for Alimentary Health’s probiotic formulation, emphasizing the need for an objective analysis of inventive step under the Patents Act, 1970. The Court criticized the Patent Office’s decision and highlighted the importance of avoiding hindsight bias in evaluating patent applications. Continue Reading Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

June 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 472Views 0Like

ShareFacebook

The High Court of Bombay granted Pidilite an interim injunction against Astral for design infringement, protecting its unique container design.

Pidilite Contains Astral from infringing its Container Design

On June 13, 2024, the High Court of Bombay granted Pidilite Industries Limited an interim injunction against Astral Limited, protecting its registered container design. The Court found Astral’s design to be deceptively similar and upheld the novelty and distinctiveness of Pidilite’s design. Continue Reading Pidilite Contains Astral from infringing its Container Design

June 21, 2024 BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 615Views 1Like

ShareFacebook

The Bombay High Court issues an ad-interim injunction in Karan Johar's lawsuit, blocking a film's title that unlawfully exploits his name and celebrity status.

Court halts release of film exploiting Karan Johar’s celebrity status

On June 13, 2024, the Bombay High Court granted an ad-interim injunction in favor of Karan Johar, restraining Indiapride Advisory Pvt Ltd. from using his name and attributes in their film’s title, citing unlawful exploitation of his celebrity status and potential public confusion. Continue Reading Court halts release of film exploiting Karan Johar’s celebrity status

June 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Publicity Rights/ Celebrity Rights 0Comment 450Views 1Like

ShareFacebook

Image accompanying blogpost on "Court Cancels 'Crocksclub' trademark"

Crocs croaks out its clone! Court Cancels ‘Crocksclub’ trademark

Crocs Inc. successfully filed a rectification petition to remove the trademark CROCKSCLUB, securing sole rights to the CROCS trademark in India. The court ruled in favor of Crocs Inc., highlighting the likelihood of confusion and risk of association with CROCS goods. Continue Reading Crocs croaks out its clone! Court Cancels ‘Crocksclub’ trademark

June 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 583Views 2Likes

ShareFacebook

Indian Patent and Design Statistics 2024 (May 31st to June 7th)

23rd issue of the Indian Patent Journal (7th June 2024) features 1,201 patent publications, 846 grants, and 1,011 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (May 31st to June 7th)

June 14, 2024 BananaIP Reporter Intellectual Property, Patent & Design Statistics, Patents 0Comment 329Views 1Like

ShareFacebook

Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

The Calcutta High Court ruled that while Emami could not establish trademark infringement, it succeeded in its passing off claim against Unilever’s ‘Glow and Handsome’. The court ordered Unilever to cease using the mark within a month, upholding Emami’s rights and protecting its brand reputation. Continue Reading Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

June 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 605Views 2Likes

ShareFacebook

Let’s see who gets the ‘Zee’! Prem Biyani vs Zee Entertainment

The Madras High Court overturned the Trade Marks Registry’s decision to reject Prem Biyani’s trademark application for the mark “Zee” under Class 5, which was opposed by Zee Entertainment. The Court noted that Zee Entertainment’s mark, although well-known, was not registered under Class 5 and did not appear in isolation. The case has been remanded to the Trade Marks Registry for reconsideration. Continue Reading Let’s see who gets the ‘Zee’! Prem Biyani vs Zee Entertainment

June 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 596Views 1Like

ShareFacebook

Warner Bros. dries up the Doodstream.com!

In a significant ruling, the Delhi High Court ordered Doodstream.com to remove infringing content related to Warner Bros. and comply with Indian laws. The court emphasized the platform’s role in incentivizing piracy and the necessity for stricter compliance measures. Continue Reading Warner Bros. dries up the Doodstream.com!

June 11, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection 0Comment 1141Views 3Likes

ShareFacebook

High Court of Himachal Pradesh grants Boehringer Ingelheim an interim injunction against Eris Lifesciences for patent infringement of diabetes drug Empagliflozin

Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

On May 30, 2024, the High Court of Himachal Pradesh granted an interim injunction to Boehringer Ingelheim, restraining Eris Lifesciences from manufacturing, selling, or marketing Empagliflozin tablets due to patent infringement. The court emphasized the importance of maintaining scientific integrity and upheld the validity of Boehringer’s patent. Continue Reading Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

June 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 947Views 0Like

ShareFacebook

Madras High Court criticizes inconsistent patent examination in Industeel France case, emphasizing fair and thorough evaluation for inventors.

Patent examination should not kill the scientific temper of an inventor

The Madras High Court criticized inconsistent patent examination practices in Industeel France’s case, emphasizing the need for a fair and thorough evaluation process. The court ordered a de novo examination by a different Controller and stressed the importance of maintaining scientific temper. Continue Reading Patent examination should not kill the scientific temper of an inventor