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Jumbo Tramples Haathi Trademark Registration

Jumbo Tramples Haathi Trademark Registration

The Calcutta High Court ruled in favor of Girnar Food & Beverages Pvt. Ltd., overturning the Registrar’s decision and quashing the registration of a deceptively similar ‘HAATHI’ mark by Bicrampore Tea Estate. This ruling underscores the significance of consumer perception and the potential for deception in trademark disputes. Continue Reading Jumbo Tramples Haathi Trademark Registration

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Green Cross Crosses court's bridge to win appeal

Green Cross Crosses court’s bridge to win appeal

The Madras High Court has revoked the refusal of Green Cross’ patent application for a Hepatitis B immunoglobulin agent, citing errors in the Controller’s analysis. The court has remanded the matter to the patent office for a fresh examination, ordering a review of the claims within four months. Continue Reading Green Cross Crosses court’s bridge to win appeal

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Indian IP Office Orders Re-evaluation of Trademark Applications

Indian IP Office Orders Re-evaluation of Trademark Applications

The Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) has issued a directive for the re-validation of trademark applications processed by officers hired through the Quality Council of India. The process will involve a two-tier review system to ensure accuracy and compliance with current legal provisions, with a goal of processing 250 applications per day. Continue Reading Indian IP Office Orders Re-evaluation of Trademark Applications

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Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

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

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Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

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

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Clarifying Product-by-Process Patent Claims in India - West Bengal Chemicals v. GTZ

Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

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

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Knowledge Transfer by Former Employee Cannot Be Enforced, Rules the Delhi High Court

Knowledge Transfer by Former Employee Cannot Be Enforced, Rules the Delhi High Court

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

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Novartis says No to Novarish

Novartis says No to Novarish

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

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