Navigating the intricate and ever-evolving landscape of Intellectual Property (IP) law in India requires both expertise and a keen understanding of recent legal developments. At BananaIP, we pride ourselves on being at the forefront of IP law analysis, offering insights that blend depth with clarity. In this blog post, we present an incisive overview of three recent and significant IP case rulings from Indian High Courts. These cases, pivotal in the realms of trademark disputes and patent processing, not only reflect the current state of IP law but also influence its future trajectory. Our analysis aims to provide a nuanced understanding of these judgements, highlighting their implications for practitioners, businesses, and the broader legal community.
“Khimji” Trademark for Jewellery belongs to Khimji and Sons, says Orissa High Court.
In a dispute between family members running jewellery business, the Orissa High Court ruled that the trademark “Khimji” belongs to the family group, Kimji and Sons. Both the plaintiff and defendant derive thir right to use trademarks containing the word ‘Kinji’ from a jewellery business established in 1936 by Kimji Dayabhai. At the time of separation, the business was being conducted as a partnership, which was dissolved through a dissolution agreement. Through the said agreement, and another name usage agreement, the parties agreed that either of them can use “Kimji Dayabhai” with a prefix or suffix, but none of them shall use ‘Kimji Dayabhai’ alone or the ‘KD’ logo.
Subsequently, the plaintiff in the case started using ‘Kimji’ and ‘Kinji and Sons Jewellers’, and the defendant started using ‘Kimji Dayabhai and Co’. In 2020, the defendant decided to adopt ‘Kimji’ and ‘Kimji Jewels’, and the plaintiff filed a case for trademark infringement. After reviewing the facts, the District Court ordered in favour of the plaintiff, which the Orissa High Court upheld on appeal.
Citation: IN THE HIGH COURT OF ORISSA AT CUTTACK, FAO No.105 of 2023.
Patent orders have to be issued within 3 to 6 months after hearing, says Delhi High Court.
While setting aside the order of refusal of a patent application filed by Procter and Gamble, the Delhi High Court stated that patent orders have to be issued within a reasonable period after hearing the applicant, which time period cannot be more than 3 to 6 months. In the case, the Controller of Patents refused the patent application relating to detergent compositions after 4 years from the date of hearing. Additionally, the Controller also asked for information under Section 8 and additional data on a Friday, and issued the order on the subsequent Monday, which the Court stated was arbitrary and against principles of natural justice. While setting aside the refusal order, the Court ordered that the application be re-considered by another officer.
Citation: IN THE HIGH COURT OF DELHI AT NEW DELHI, C.A.(COMM.IPD-PAT) 268/2022 & I.A. 24364/2023.
Rasna Vs. Rasanand for Fruit Juice and Non-Carbonated Soft Drinks: Rasanand is not confusingly similar to Rasna, says Gujarat High Court.
In an appeal from an opposition decision, the Gujarat High Court upheld the order of the Registrar of Trademarks allowing the trademark ‘Rasanand’ to be registered in Class 32. While arriving at its decision, the Court stated that ‘Rasanand’ device mark with a leaf and tag line ‘The Real Flavour of India’ is graphically, visually, phonetically and structurally not similar to the mark ‘Rasna’. The ‘Rasanand’ trademark was applied for fruit juice and non-carbonated soft drinks.
Citation: IN THE HIGH COURT OF GUJARAT AT AHMEDABAD, C/CIA/18/2023.
The judgements discussed herein are more than just verdicts; they are narratives that shape the fabric of IP law in India. At BananaIP, our commitment to elevating the discourse around IP law is reflected in our analysis, which seeks to offer clarity and foresight in a domain marked by complexity. These cases, emblematic of the challenges and nuances inherent in IP law, serve as crucial touchpoints for understanding and navigating the legal landscape. As we continue to witness the evolution of IP law, BananaIP remains dedicated to providing insightful, authoritative, and accessible interpretations of these pivotal legal developments, reinforcing our role as a leader in the field of Intellectual Property law.
