The Gujarat High Court’s decision in the Unisn vs. Unison case provides critical insights into evaluating trademark infringement. The court emphasized a holistic view of trademarks, considering the distinctiveness of goods and services, thereby ruling out the likelihood of confusion. This case reinforces the importance of product differentiation in trademark disputes. Continue Reading Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion
The Bombay High Court in Atyati vs. Cognizant emphasized the critical need for full and transparent disclosure in ex-parte injunctions, ruling against Atyati for suppressing material facts. This case highlights the importance of integrity in the judicial process, especially in intellectual property disputes. Continue Reading Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions
In a recent ruling, the Calcutta High Court dismissed WBCIL’s appeal seeking an interim injunction against GTZ, providing clarity on product-by-process claims under the Indian Patents Act, 1970. The judgment highlights the crucial role of expert testimony in establishing patent infringement. Continue Reading Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ
31st issue of the Indian Patent Journal (2nd August 2024) features 2,317 patent publications, 1,040 grants, and 777 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (July 26th to August 2nd)
The Delhi High Court has ruled that knowledge transfer by a former employee cannot be enforced, emphasizing the limitations on employment agreements and protecting employee rights. The court highlighted that personal service contracts are not subject to specific performance under the Specific Relief Act, 1963. Continue Reading Knowledge Transfer by Former Employee Cannot Be Enforced, Rules the Delhi High Court
In a landmark decision, the Bombay High Court granted Novartis AG an ad-interim injunction against Novarish Healthcare Private Limited for trademark infringement. Novartis successfully argued that Novarish’s use of the “NOVARISH” mark was deceptively similar to its well-known “NOVARTIS” trademark, leading to the court’s decision to protect Novartis’s intellectual property rights. Continue Reading Novartis says No to Novarish
The Srinagar Bench of the Jammu and Kashmir High Court dismissed an appeal by Emerge Classes in a trademark passing off case. The court emphasized that minor differences in trademarks do not necessarily make them distinct, upholding the injunction in favor of KIE and its associated entities. Continue Reading Did Emerge Classes’ mark fail the ‘passing off’ test?
30th issue of the Indian Patent Journal (26th July 2024) features 3,365 patent publications, 754 grants, and 491 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (July 19th to July 26th)
Glaxo Group Limited secured a legal victory in a trade dress dispute against Qpharm Health Care Limited. The Delhi High Court restrained Qpharm from using deceptively similar packaging and ordered the removal of infringing listings from third-party websites, protecting Glaxo’s established trademarks. Continue Reading Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress
The Office of CGPDTM has scheduled a virtual stakeholders meeting on July 29, 2024, to discuss the Patents Amendment Rules and the requirements for filing Form-27. This open forum aims to address stakeholders’ concerns and facilitate a comprehensive discussion on the working statement of patented inventions in India. Continue Reading CGPDTM Calls Stakeholders Meeting on Patents Amendment Rules, 2024