The Delhi High Court granted an interim injunction to ITC Limited, restraining Arpita Agro from using the deceptively similar trademark “POWRNYM.” The case highlights issues of trademark infringement, passing off, and contractual obligations, emphasizing the importance of protecting intellectual property rights. Continue Reading ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks
The Madras High Court overturned the Controller’s refusal of Intervet International’s patent application, underscoring the importance of natural justice and reasoned orders in patent proceedings. The case involved complex issues under Sections 3(d) and 3(e) of the Patents Act, with the Court remanding the matter for reconsideration. Continue Reading Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice
48th issue of the Indian Patent Journal (29th November 2024) features 3,015 patent publications, 595 grants, and 854 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (November 22nd to 29th)
The Delhi High Court ordered the cancellation of a deceptively similar COCOMELON trademark registered by the respondent. Treasure Studio Inc., the creators of the globally recognized children’s brand, successfully secured relief, ensuring stronger protection for its distinctive trademark and intellectual property rights. Continue Reading COCOMELON spells a ‘Melon’cholic end for Copycat Competitors
The Delhi District Court granted a permanent injunction to Polo Lauren Company L.P. against Landmark Traders and Mystic Emin Private Ltd., holding that the defendants infringed Polo’s trademarks. The case highlighted the test for trademark infringement and emphasized the presumption of confusion in identical marks and the need to prove confusion for deceptively similar marks. Continue Reading Polo rides to the finish line in trademark infringement dispute
The Madras High Court resolved a trademark dispute between M/s. The Southern India Exporting Company and M/s. The Classic Fireworks Industries, ruling that the ‘Eagle’ mark held prior rights over ‘Garuda.’ The Court found that the marks’ similarities could confuse consumers and rejected claims of acquiescence. Continue Reading Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda
In a decisive judgment, NoBroker Technologies secured a permanent injunction against NotBroker Property Management for infringing its trademarks ‘%NOBROKER’ and ‘NoBrokerHood.’ The Court found NotBroker’s use of the mark ‘NOT BROKER’ and the domain ‘notbroker.com’ deceptively similar, granting relief to NoBroker, including removal of the infringing domain. Continue Reading Brokering peace? “Nobroker” says NO to “NotBroker”
The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, granting a permanent injunction against Micky Metals for passing off the “LUX” trademark. The Court emphasized the Plaintiffs’ prior use and substantial goodwill, holding the Defendant’s mark “LUX TMT” deceptively similar. Remedies included profit accounting since 2009 and the prevention of further use. Continue Reading Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark
The Madras High Court dismissed Embio Ltd.’s petition challenging the validity of Malladi Drugs’ patent for a method of preparing chiral beta-amino alcohols. The court upheld the patent’s novelty, inventive step, and validity, citing superior yields and optical purity. Continue Reading Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals
The Madras High Court, in a dispute involving STAR Plastics and S Star Trading Co., canceled the latter’s trademark under Class 11, citing deceptive similarity and dishonest adoption. The Court upheld STAR Plastics’ prior use and registration rights, directing the Registrar to remove the 1st Respondent’s trademark from the registry. Continue Reading Court directs cancellation of “STAR” Trademark for lack of honest and concurrent use