Intellectual Property Archives

Section 3(k) principles – Ericsson vs. Lava – Part 2

While Part 1 of the Ericsson vs. Lava post series covered the summary of the court's judgement, this post discusses the principles reiterated by the Court recently in the Ericsson vs. Lava case, for analyzing inventions in the context of Section 3(k) of the Patents Act, 1970. Lava filed a counterclaim against Ericsson’s patents in which Lava challenged that the inventions claimed by Ericsson fell under Section 3(k) of the Patents Act, 1970. In particular, Lava had pleaded in its…

April 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 619Views 0Like

ShareFacebook

Website/Social Media and Accessibility Job Opening at BananaIP

BananaIP Counsels is actively seeking a dedicated individual for the role of Digital Engagement and Website Management Specialist. Continue Reading Website/Social Media and Accessibility Job Opening at BananaIP

April 10, 2024 BananaIP Reporter Intellectual Property, Job Postings 0Comment 856Views 0Like

ShareFacebook

A battle of SMITHS. Who owns the rights over the word 'SMITH'?

A.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?

The Delhi High Court ruled in the case of A.O. Smith Corporation v. Star Smith Export Pvt. Ltd., dismissing the defendants’ plea in a trademark infringement dispute. The court upheld A.O. Smith’s claim, restraining the defendants from using marks ‘STAR SMITH’ and ‘BLUE DIAMOND,’ citing potential confusion and dishonest adoption. Continue Reading A.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?

April 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 486Views 0Like

ShareFacebook

Standard Essential Patents (SEPs) and Royalty Rates (Ericsson vs. Lava) – Part 1

In a comprehensive and extensive judgment, the Delhi High Court has recently adjudicated in favor of Ericsson in a patent infringement lawsuit concerning Standard Essential Patents (SEPs). The dispute was initiated by Ericsson against Lava over eight patents integral to the standards for 2G, Edge, and 3G technology implementations. Continue Reading Standard Essential Patents (SEPs) and Royalty Rates (Ericsson vs. Lava) – Part 1

April 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 839Views 0Like

ShareFacebook

Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

In a landmark ruling, the Delhi High Court settled a decades-long dispute over the ownership of the ‘FIELDMARSHAL’ trademark. Confirming PM Diesel’s prior and legitimate usage since 1963, the court dismissed Thukral Mechanical Works’ claim based on a later acquisition. This judgment underscores the critical importance of prior user rights in trademark disputes. Continue Reading Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

April 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 497Views 0Like

ShareFacebook

This image contains the following text: Mitsui Chemicals Inc. vs Controller of Patents. Section 3(h), Procedural adherence and Patent refusal.

Delhi High Court reverses Patent refusal, Highlights significance of procedural adherence in handling claims of PCT National phase applications.

The Delhi High Court, in a recent decision dated February 23, 2024, in Mitsui Chemicals Inc. vs Controller of Patents, overturned the patent refusal order issued by the Controller in respect of patent application No. 3877/DELNP/200. This decision underscores the significance of procedural adherence, especially in handling of claims during the national phase entry of PCT applications. Background/Facts Mitsui Chemicals (the Appellant) filed a PCT national phase application titled "Plant Disease and Insect Damage Control Composition and Plant Disease and Insect…

April 3, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 641Views 0Like

ShareFacebook

No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.

The Delhi High Court while deciding an application for interim injunction, held that the defendants did not infringe the plaintiff’s registered trademarks or pass off its products as those of the Plaintiff. The Plaintiff, instituted a civil suit, against Defendant 1, Suncity Sheets Pvt. Ltd. ("SSPL"), and Defendant 2, Rachna Nitin Jindal, wife of Nitin Kumar Jindal, Manager of SSPL, based on its rights over the word mark “JINDAL” registered in classes 6 and 17. The Plaintiff’s case was that the…

March 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 550Views 0Like

ShareFacebook

All elements rule versus Doctrine of equivalents, a recent decision by Delhi High Court

The Delhi High Court in a recent patent infringement dispute, held that ‘all-elements rule’ cannot be adopted to the exclusion of the ‘pith and marrow rule’. Facts: SNPC Machines (Plaintiff) sought a permanent injunction against Mr. Vishal Choudhary (Defendant) for manufacturing and selling brick-making machines which were similar to plaintiffs’ brick-making machines granted under patent nos. 353483, 359114, 374814, and 385845. Further, relief was also sought by the plaintiff for infringement of copyright in literature/ specification/ artistic features related to the…

March 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 542Views 0Like

ShareFacebook

Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits

The Delhi High Court allowed an interlocutory injunction against the Defendants to restrict their use of the mark “TOWER” to manufacture and sell dry fruits. This Court stated that a defendant cannot determine the ambit of what constitutes “Plaintiff’s goods of interest”. Continue Reading Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits

March 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 592Views 0Like

ShareFacebook

The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.

The Delhi High Court has sent a trademark application for the word “Bharat” with a device back to the examiner for re-evaluation. While a previous court order ruled the mark distinctive, it failed to address objections about potential genericness. This case highlights the importance of a thorough trademark examination process. Continue Reading The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.

March 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 589Views 0Like

ShareFacebook

Celebrating 20 Years of IP Excellence

Section 3(k) principles – Ericsson vs. Lava – Part 2

A.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?

Standard Essential Patents (SEPs) and Royalty Rates (Ericsson vs. Lava) – Part 1

Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

Delhi High Court reverses Patent refusal, Highlights significance of procedural adherence in handling claims of PCT National phase applications.

No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.

All elements rule versus Doctrine of equivalents, a recent decision by Delhi High Court

Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits

The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.

Connect with Us

BananaIP has been acknowledged as a women-owned enterprise, certified by WEConnect International.

Connect with us