Intellectual Property Archives | Page 2 of 271

A battle for respect : Svamaan Financial Takes on Sammaan Capital in Trademark case

In a significant trademark dispute, the Delhi High Court ruled in favor of Svamaan Financial Services, granting an interim injunction against Sammaan Capital Limited and its affiliates. The Court found that the defendants’ marks were deceptively similar to Svamaan, potentially misleading consumers. The ruling reinforces the importance of brand identity and legal recourse in financial services. Continue Reading A battle for respect : Svamaan Financial Takes on Sammaan Capital in Trademark case

February 18, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 559Views 2Likes

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Reasoned orders are a necessity in patent refusals, Madras HC reiterates

The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders. Continue Reading Reasoned orders are a necessity in patent…

February 17, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 419Views 2Likes

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Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

In Allahabad Law Agency v. Amazon Seller Services Pvt. Ltd. & Ors., the Delhi High Court granted a permanent injunction against online sellers distributing counterfeit copies of Law of Torts by Dr. R.K. Bangia. The Court found copyright and trademark infringement but declined to award damages, granting nominal costs of Rs. 15,000 to the Plaintiff. Continue Reading Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

February 15, 2025 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 438Views 3Likes

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Knowledge Theft : Property includes Intellectual Property, affirms Supreme court

The Supreme Court of India upheld the Bombay High Court’s interpretation that intellectual property, including research data, qualifies as ‘property’ under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This decision enables victims of caste-based atrocities to claim compensation for loss of intellectual assets. The ruling affirms the protection of knowledge-based assets and expands the legal definition of property under the Act. Continue Reading Knowledge Theft : Property includes Intellectual Property, affirms Supreme court

February 14, 2025 BananaIP Reporter Case Reviews, Intellectual Property 0Comment 649Views 3Likes

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Can you reuse a discarded bottle to refill and sell your own goods or products?

The Madhya Pradesh High Court ruled in favor of Mount Everest Breweries Ltd., prohibiting the reuse of embossed beer bottles. The decision upheld the Excise Commissioner’s order, stating that reusing marked bottles leads to consumer deception and violates intellectual property rights. The appeal overturned the previous order, reinforcing legal protections for trademarks in the beer industry. Continue Reading Can you reuse a discarded bottle to refill and sell your own goods or products?

February 13, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 386Views 1Like

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Madras High Court Affirms Rejection of AI-Integrated Persona Patent

The Madras High Court dismissed an appeal challenging the rejection of a patent application for AI-integrated persona augmentation. The Court ruled that the invention lacked sufficient technical detail, inventive step, and patent-eligible subject matter under the Patents Act. It upheld the Controller’s decision, emphasizing the absence of tangible technical effects and clear disclosure requirements. Continue Reading Madras High Court Affirms Rejection of AI-Integrated Persona Patent

February 12, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 624Views 0Like

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand. Continue Reading Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

February 11, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 380Views 1Like

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Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

The Madras High Court ruled in favor of Wunderbar Films in its copyright dispute with Netflix over the unauthorized use of behind-the-scenes footage. Netflix’s applications challenging jurisdiction and seeking rejection of the plaint were dismissed. The Court held that territorial jurisdiction was valid, pre-suit mediation was not mandatory due to urgency, and combining statutory and common law remedies was permissible. Continue Reading Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

February 10, 2025 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 741Views 2Likes

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Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims. Continue Reading Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

February 7, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 361Views 0Like

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The Draft guidelines for AYUSH Patent Applications

The Intellectual Property (IP) Office has issued Draft Guidelines for the processing of patent applications related to AYUSH systems and related inventions. These guidelines aim to streamline the evaluation process of patent applications concerning Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homeopathy. Continue Reading The Draft guidelines for AYUSH Patent Applications

February 5, 2025 BananaIP Reporter Intellectual Property, Patents 0Comment 1387Views 5Likes

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Celebrating 20 Years of IP Excellence

A battle for respect : Svamaan Financial Takes on Sammaan Capital in Trademark case

Reasoned orders are a necessity in patent refusals, Madras HC reiterates

Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

Knowledge Theft : Property includes Intellectual Property, affirms Supreme court

Can you reuse a discarded bottle to refill and sell your own goods or products?

Madras High Court Affirms Rejection of AI-Integrated Persona Patent

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Draft guidelines for AYUSH Patent Applications

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