Intellectual Property Archives

“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

The Bombay High Court orders a fresh review of Seiwa Kasei’s ‘PHYTOCUTICLE’ trademark application, challenging the Registrar’s refusal for lack of distinctiveness. Continue Reading “Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

September 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 306Views 3Likes

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Wrong Documents Served, Abandonment of Opposition Set Aside

The Delhi High Court restored the opposition in the ‘SIGNUM GROUP’ trademark dispute, correcting an abandonment caused by a Registrar’s error. The case highlights procedural issues in trademark registration and opposition management. Continue Reading Wrong Documents Served, Abandonment of Opposition Set Aside

September 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 259Views 2Likes

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Prakash Pipes prevails over later trademark for ‘Prakash’

The Madras High Court granted a rectification petition filed by Prakash Pipes Limited, canceling Mr. Rama’s ‘PRAKASH’ trademark for non-use. The Court found the registration to be malicious, aimed at unlawful enrichment, and noted the Petitioner’s long-standing rights and goodwill associated with the trademark. Continue Reading Prakash Pipes prevails over later trademark for ‘Prakash’

September 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 296Views 3Likes

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Himalayan Organics Crumbles Before the Trademark Mountain of Himalaya

In a significant trademark dispute, the Delhi High Court issued an interim order favoring Himalaya Wellness Company, restraining Vlado Sky from using the ‘Himalayan Organics’ mark. The court recognized the potential for consumer confusion and upheld the strength of the ‘Himalaya’ trademark, allowing Vlado Sky to sell existing stock under specific conditions Continue Reading Himalayan Organics Crumbles Before the Trademark Mountain of Himalaya

September 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 361Views 4Likes

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Unauthorized Use of Songs in ‘Bachelor Party’ Movie Restrained

The Delhi High Court granted an interim injunction in favor of MRT Music in a copyright infringement dispute involving unauthorized use of its songs in the Kannada film ‘Bachelor Party.’ The court ordered the defendants to cease using the songs and to deposit ₹20 lakhs as an interim measure, reflecting the license fees for the music. Continue Reading Unauthorized Use of Songs in ‘Bachelor Party’ Movie Restrained

September 5, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 272Views 3Likes

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Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

In the case of Terex India vs. CDE Asia, the Calcutta High Court remanded the patent dispute for fresh consideration, citing procedural flaws and inadequate reasoning in the original decision. The Court emphasized the need for impartiality and ordered that the case be reviewed by a different officer to ensure a fair outcome. Continue Reading Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

September 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 319Views 2Likes

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Karnataka HC Balances Employee Rights and Business Confidentiality in Bizotico Case

In the M/s. Bizotico v. Mohammed Sajjad case, the Karnataka High Court issued a nuanced ruling balancing business confidentiality and employee rights. While the court upheld the plaintiff’s concerns about the misuse of sensitive data, it dismissed the defamation claim due to insufficient evidence. The decision underscores the court’s careful approach to protecting both business interests and employee freedoms. Continue Reading Karnataka HC Balances Employee Rights and Business Confidentiality in Bizotico Case

September 3, 2024 BananaIP Reporter Case Reviews, General, Intellectual Property, Privacy / Data Protection 0Comment 280Views 2Likes

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Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

The Calcutta High Court ruled in favor of Visa International Ltd., quashing orders issued by Associate Managers who lacked the legal authority under the Trade Marks Act, 1999. The court emphasized the necessity of proper authorization for quasi-judicial functions within the Trademark Registry. Continue Reading Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

September 2, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 371Views 1Like

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Thou shall not ‘STEEL’ a trademark, says court

The Madras High Court recently ruled in favor of Prakash Ferrous Industries in a trademark dispute over the ‘TIRUMALA’ mark used on TMT steel bars, granting a permanent injunction against Mansarowar Ispat. Continue Reading Thou shall not ‘STEEL’ a trademark, says court

August 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 313Views 2Likes

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Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

In an appeal decision, the Delhi High Court recently overturned the rejection of two patent applications filed by Ab Initio Technology LLC, concerning data processing methods. These applications, Nos. 6500/DELNP/2011 and 6501/DELNP/2011, were refused by the Assistant Controller of Patents and Designs on the grounds of non-patentability under Section 3(k) of the Patents Act, 1970, as they were deemed to be computer programs per se, and for failing to meet the criteria for divisional applications under Section 16(1). Ab Initio Technology…

August 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 379Views 1Like

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“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

Wrong Documents Served, Abandonment of Opposition Set Aside

Prakash Pipes prevails over later trademark for ‘Prakash’

Himalayan Organics Crumbles Before the Trademark Mountain of Himalaya

Unauthorized Use of Songs in ‘Bachelor Party’ Movie Restrained

Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

Karnataka HC Balances Employee Rights and Business Confidentiality in Bizotico Case

Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

Thou shall not ‘STEEL’ a trademark, says court

Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

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