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
The Delhi Commercial Court granted L’Oreal a permanent injunction against M/s Oneness Enterprises for importing counterfeit goods bearing L’Oreal’s trademarks. The Court also restrained Customs Offices from releasing the seized goods and directed their destruction under applicable rules, ensuring strong protection of L’Oreal’s intellectual property rights. Continue Reading Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement
The Madras High Court, in CMA(PT) No. 33/2023, overturned the Patent Controller’s rejection of a patent application by Dr. Vandana Parvez and others. The Court held the order non-speaking and procedurally invalid, directing a fresh examination within six months and expunging prior art from the public domain. Continue Reading Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art
The Madras High Court reversed the Registrar of Trade Marks’ decision to refuse KX Technologies LLC’s application for the FACT trademark for air and water purification filters. The court found no likelihood of confusion with existing marks in the fertilizer sector, allowing the application to proceed with a disclaimer on its specific use. Continue Reading Refusal of FACT Trademark for Air/Water Purification Products Set Aside
The 2024 World Intellectual Property Indicators report reveals a significant rise in global patent and design filings, led by contributions from key Asian economies, including India. India’s 15.7% increase in patent filings reflects a surge in domestic IP activity and aligns with global trends in computer technology and digital communication. Continue Reading 2024 IP Report Indicates Increase in Patent and Design Filings with India Among Key Contributors
The Delhi High Court issued a permanent injunction in favor of Tata Sons, preventing the use of trademarks and trade dress similar to “TATA COPPER+ WATER.” The defendant ceased infringement and nominal damages of ₹1,00,000 were awarded, acknowledging the defendant’s cooperation and first-time offense. Continue Reading “TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages