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‘Controller under an obligation to inform inventor’ says Madras High Court

‘Controller under an obligation to inform inventor’ says Madras High Court

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

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We cannot stop Yakshini, says the Delhi High Court

We cannot stop Yakshini, says the Delhi 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

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MRF's Trademark Muscle Secures Victory in Dispute Against Powermax

MRF’s Trademark Muscle Secures Victory in Dispute Against Powermax

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

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Court lifts injunction on Tractor-Forklift Design

Court Lifts injunction on Tractor-Forklift Design

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

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Another Dis’connected’ order by the registry, set aside by the Court

Another Dis’connected’ order by the registry, set aside by the Court

The Calcutta High Court has set aside a refusal order by a Senior Examiner of Trademarks against the registration of the trademark ‘ELECTRONICA.’ The Court directed a new hearing and a reasoned order, highlighting procedural fairness in trademark registration processes. Continue Reading Another Dis’connected’ order by the registry, set aside by the Court

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Delhi High Court Reverses Patent Office Decision: Honeywell's Amendments Upheld

Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld

The Delhi High Court ruled in favor of Honeywell International Inc., overturning a refusal order by the Patent Office. The court emphasized the importance of fairness and the consideration of claims in conjunction with complete specifications, setting a precedent for thorough examination in patent matters. Continue Reading Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld

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Diabetic Product XIGAMET loses to ZITAMET under heightened Pharma Trademark Scrutiny

Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

On June 13, 2024, the Bombay High Court granted Glenmark an interim injunction against Gleck Pharma in a trademark dispute over “ZITA-MET” and “XIGAMET”. The court found that the similarities between the trademarks could confuse consumers, leading to potential health risks, and applied strict standards to prevent such confusion. Continue Reading Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

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Image accompanying blogpost on "Glaxo's BETNESOL vs Zee's BETNEVIN : Who do you BET on?"

Glaxo’s BETNESOL vs Zee’s BETNEVIN : Who do you BET on?

The Delhi High Court enforced a decree favoring Glaxo Group Limited against Mr. Rajiv Mukul, restraining the use of ‘BETNEVIN’ due to trademark infringement of ‘BETNESOL’. The Court upheld that infringement determination could be made in an execution petition to enforce the decree of injunction. Continue Reading Glaxo’s BETNESOL vs Zee’s BETNEVIN : Who do you BET on?

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