Intellectual Property Archives

Design infringing water purifiers taken down from Flipkart

On 1 October 2024, the Delhi High Court granted an ex-parte ad-interim injunction in favor of Kent RO Systems Ltd. in a case involving design infringement and passing off. The court restrained the defendants from selling infringing water purifiers and directed Flipkart to remove all listings of the infringing products. Continue Reading Design infringing water purifiers taken down from Flipkart

October 9, 2024 BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 160Views 1Like

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Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

The Madras High Court has overturned the rejection of Kymab Limited’s patent application related to generating antibodies in non-human mammals. The Court found that the invention does not fall under Section 3(i) of the Patents Act, 1970, as it is not a method for treating animals but a process for producing antibodies using genetically modified animals. The patent is now set to be granted. Continue Reading Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered…

October 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 177Views 1Like

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Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

The Delhi High Court overturned the Deputy Controller’s decision rejecting Axcess Limited’s patent application. The Court ruled that the amended claims were within the scope of the original application and remanded the case for fresh consideration, providing guidance on permissible amendments under the Patents Act, 1970. Continue Reading Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

October 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 186Views 0Like

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India in Global Innovation: Strengths and Weaknesses

India continues its rise in the Global Innovation Index 2024, ranking 39th globally. While excelling in knowledge and technology outputs, the country faces challenges in infrastructure and business sophistication, signaling areas for further growth. Continue Reading India in Global Innovation: Strengths and Weaknesses

October 4, 2024 BananaIP Reporter General, Intellectual Property 0Comment 170Views 0Like

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Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, holding that Micky Metals’ use of the “LUX TMT” mark constituted passing off. The Court granted a permanent injunction, emphasizing that the Plaintiffs’ trademark rights extended even to dissimilar goods. Continue Reading Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

October 3, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 170Views 0Like

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Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

The Delhi High Court dismissed Rasayanam Enterprises’ appeal against an injunction in a trademark infringement case concerning the deceptive packaging of Shilajit. The court found Rasayanam’s 20 gm packaging deceptively similar to Upakarma Ayurveda’s trademark, thus upholding the interim injunction, emphasizing consumer confusion in competitive products. Continue Reading Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

October 1, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 278Views 1Like

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Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

The Delhi High Court issued a permanent injunction in favor of Kaira District Cooperative Milk Producers Union, prohibiting Bio Logic from using the “AMUL” trademark for pharmaceutical products. The court found Bio Logic’s use of the trademark deliberate and awarded Kaira Rs. 5,00,000 in damages and costs. Continue Reading Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

September 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 313Views 1Like

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‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

In the case of Koteshwar Chemfood Industries Pvt. Ltd. v. Sachdeva and Sons Industries Pvt. Ltd., the Delhi High Court ordered rectification of the ‘PRIME’ trademark, removing salt and spices due to non-use, following a petition filed by Koteshwar Chemfood. Continue Reading ‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

September 27, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 293Views 0Like

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When Saregama found a copyright infringement suit, not so e’Zee’

The Delhi High Court held that Saregama’s suit against Zee Entertainment over copyright infringement was rendered infructuous under Section 60 of the Copyright Act, allowing Saregama to file a counterclaim. The court made no ruling on the final copyright claims, pending trial. Continue Reading When Saregama found a copyright infringement suit, not so e’Zee’

September 26, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 336Views 1Like

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Flipkart’s Latching On Feature and Trademark Passing Off

The Delhi High Court ruled in favor of Modern Mold Plast, directing Flipkart to block unauthorized sellers from using the ‘MAHARAJA’ trademarks on its platform. The court confirmed that unauthorized sellers latching onto existing listings amounted to passing off and infringing upon the plaintiffs’ trademark rights. Continue Reading Flipkart’s Latching On Feature and Trademark Passing Off

September 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 358Views 1Like

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Celebrating 20 Years of IP Excellence

Design infringing water purifiers taken down from Flipkart

Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

India in Global Innovation: Strengths and Weaknesses

Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

When Saregama found a copyright infringement suit, not so e’Zee’

Flipkart’s Latching On Feature and Trademark Passing Off

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