The Madras High Court remanded Pinnacle Engines Inc.’s patent application for their opposed piston engine, addressing inventive features overlooked by the Assistant Controller of Patents. The court emphasized the significance of the crank offset and opposite crankshaft rotation in reducing friction and vibration, directing a reassessment by a different officer. Continue Reading Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal
The Delhi High Court confirmed the refusal of Mahesh Gupta’s patent application for a Portable Vehicle Management System, citing the lack of an inventive step in light of prior arts D4 and D5. The decision underscores important principles of patentability, including mosaicing, hindsight bias, and the criteria for non-obviousness. Continue Reading Patent on Portable Vehicle Management System goes offtrack
The Delhi High Court analyzed a trademark dispute between Relaxo Footwears Limited and XS Brands Consultancy over the use of the ‘X’ device mark. Despite Relaxo’s claims of prior use, the court found in favor of XS Brands, citing the limited likelihood of consumer confusion and the crowded trademark register. Continue Reading Whose mark got the ‘X’ Factor? Relaxo Footwear vs XS Brands
26th issue of the Indian Patent Journal (28th June 2024) features 1,034 patent publications, 920 grants, and 607 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (June 21st to 28th)
The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) has released the schedule for the Trade Marks Agent Examination and Patent Agent Examination for 2025. These examinations are crucial for individuals aiming to become registered intellectual property agents. The exams will take place in various cities across India on 4th and 5th January 2025. Continue Reading Announcement: Patent and Trademark Agent Examinations 2025 by Indian IP Office
The Delhi High Court has confirmed an interim injunction in favor of Marc Salon in a case against GM Sales involving claims of passing off, copyright infringement, and unfair trade practices. The ruling underscores the protection of Marc Salon’s unique furniture designs and highlights the significance of intellectual property rights in the industry. Continue Reading Marc Salon’s Design Makes the Cut: Court Grants Injunction
This post examines two crucial orders from the Madras High Court regarding patent refusals, highlighting the necessity for Controllers to provide detailed and well-reasoned orders. The cases of Nihon Onkyo Engineering Co. Ltd. and Qualcomm Incorporated demonstrate the importance of clarity in refusal decisions to facilitate judicial review and ensure transparency. Continue Reading ‘Controller under an obligation to inform inventor’ says Madras High Court
The Delhi High Court has denied Pocket FM’s request for an interim injunction against Novi Digital’s television series “Yakshini.” Pocket FM claimed copyright infringement, citing similarities with its audio series. The court ruled that “Yakshini,” a mythological character, cannot be exclusively claimed by Pocket FM and that the case did not demonstrate sufficient evidence of copyright violation. Continue Reading We cannot stop Yakshini, says the Delhi High Court
The Madras High Court ruled in favor of MRF Limited in a trademark and copyright infringement case against Powermax Rubber Factory and Powermax Tyre, granting a permanent injunction and awarding nominal damages. The court found Powermax’s use of similar logos likely to cause consumer confusion and mislead the public. Continue Reading MRF’s Trademark Muscle Secures Victory in Dispute Against Powermax
The Madras High Court deliberated on whether a tractor fitted with a forklift can be considered a new vehicle and thus be eligible for design registration. The Court’s analysis focused on the novelty and innovation of the design, ultimately determining that such a combination was not new or original, leading to the vacation of an earlier injunction. Continue Reading Court Lifts injunction on Tractor-Forklift Design