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Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court recently ruled that the “prosecution history estoppel” principle applies to trademark cases. This means that statements made during the trademark registration process about similarities with other trademarks can be used against the applicant in future infringement lawsuits. The Court also emphasized the importance of disclosing all relevant information, including prosecution history, in trademark lawsuits. Continue Reading Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

BananaIP Reporter Case Reviews, Intellectual Property, Trademarks February 29, 2024 509Views 0Like

3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

Exploring recent trademark infringement cases: HUL’s settlement with counterfeiters, damages awarded in ‘Ahuja’ counterfeiting case, and cancellation of ‘Tiche’ trademark due to wrongful registration. Continue Reading 3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

BananaIP Reporter Case Reviews, Intellectual Property, Trademarks February 29, 2024 388Views 0Like

Will a trademark invalidity plea in response to an interim application count for Section 124?

This blog post discusses a recent court case in India concerning the validity of raising a trademark invalidity plea against an interim application under Section 124 of the Trade Marks Act. The court ruled that a plea of invalidity can be raised not only in the written statement but also in other pleadings and submissions, including counter-affidavits to interim applications. Continue Reading Will a trademark invalidity plea in response to an interim application count for Section 124?

BananaIP Reporter Case Reviews, Intellectual Property, Trademarks February 29, 2024 341Views 0Like

Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

Exploring recent judgments from the Delhi, Calcutta, and Madras High Courts on trademark disputes involving ‘Biriyani King’, ‘MI Sumeet vs. Nikoda Sumeet’, and ‘Toofan’, and understanding the courts’ approach to trademark protection. Continue Reading Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

BananaIP Reporter Case Reviews, Intellectual Property, Trademarks February 28, 2024 370Views 0Like

Use of Music in Salons and Ads

Recent court decisions in India underscore the growing enforcement of music copyrights, with significant implications for businesses using copyrighted music without permission. Continue Reading Use of Music in Salons and Ads

BananaIP Reporter Case Reviews, Copyrights, Intellectual Property February 27, 2024 363Views 0Like

Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

In this case, the Madras High Court highlights the importance of addressing similarity concerns and pursuing registration as a label mark for stronger protection. This case with help gain insights for navigating trademark challenges in India. Continue Reading Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

BananaIP Reporter Case Reviews, Intellectual Property, Trademarks February 27, 2024 449Views 0Like

Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

Recent trademark cases include the Delhi High Court’s decisions on a composite logo including ‘Patanjali’, Coca Cola’s ‘Kinley’ trade dress, and ‘Ball Head Racer’ packaging infringement. Continue Reading Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

BananaIP Reporter Intellectual Property, Trademarks February 26, 2024 346Views 0Like

Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

Learn how a system for concealing user addresses in online transactions was deemed patentable, distinguishing it from excluded “business methods.” Gain insights for navigating patent applications in the digital age. Continue Reading Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

BananaIP Reporter Case Reviews, Intellectual Property, Patents February 26, 2024 350Views 0Like

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

Protein-free foaming innovation revived! Madras High Court overturns patent refusal due to Controller’s failure to address key arguments and consider crucial differences from prior art. This judgment highlights the importance of thorough analysis and considering applicant submissions in patent decisions. Continue Reading Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

BananaIP Reporter Case Reviews, Intellectual Property, Patents February 22, 2024 350Views 0Like

Image accompanying blogpost on "Madras High court provides clarity on Proof of right, says date of assignment and date of declaration are different."

Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

In this case, the Madras High Court sheds light on proving applicant’s right, emphasizing the difference between assignment and declaration dates. This case offers insights for smoother patent applications in India and is likely to provide much-needed clarity to Applicants and Controllers alike who often encounter the same or similar objections relating to proof of right under Section 7(2) and Rule 10 of the Patents Act. Continue Reading Madras High Court provides clarity on Proof of Right, says date of…

BananaIP Reporter Case Reviews, Intellectual Property, Patents February 21, 2024 563Views 0Like

Celebrating 20 Years of IP Excellence

Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

Will a trademark invalidity plea in response to an interim application count for Section 124?

Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

Use of Music in Salons and Ads

Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

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