Delhi and Madras High Courts overturned patent refusals for ‘Theta Defensins’ and due to a 6-year delay, setting precedents on amendments and timely decisions.
Read more about Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim AmendmentsTag: Case Notes
Trademark refusal without notice and ‘40’ suffix similarity
Recent rulings spotlight service notice issues and trademark similarity. The Delhi High Court addresses ‘HP-40 vs WD-40’ similarity and rectifies an opposition notice lapse for ‘ASLI AMLA, SIRF DABUR AMLA’.
Read more about Trademark refusal without notice and ‘40’ suffix similarityTrademark removal only after notice, and Fly Hi/Timespro Injunctions
Recent trademark cases include injunctions against ‘Fly Hi’ and ‘Timespro’ by the Delhi High Court, and a pivotal Bombay High Court decision on renewal notices for trademark removal. These cases highlight the courts’ proactive stance in protecting registered trademarks and ensuring proper procedural adherence for trademark renewal and removal, emphasizing the importance of timely legal action.
Read more about Trademark removal only after notice, and Fly Hi/Timespro Injunctions3 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.
Read more about 3 Roses, Brooke Bond, Tiche, and Ahuja Trademark CasesInteresting 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.
Read more about Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ MarksChand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.
“Chand” textile trademark owner loses infringement case against “Chand-A” lungi brand. Court finds long, honest, concurrent use by defendant since 1952 prevents confusion. Lack of concrete evidence weakens plaintiff’s claim of permissive use. Court outlines principles for proving honest and concurrent trademark use.
Read more about Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court
Delhi High Court banned Javapoint companies from using the “Java” trademark for training and domain names. Though not part of their company names anymore, “Java” usage in services and domain is deemed infringing on Oracle’s trademark rights. This decision protects trademark ownership and sets a precedent for proper usage in the tech industry.
Read more about Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High CourtAnother dynamic plus order to curb online piracy from the Delhi High Court
Delhi High Court cracks down on piracy! In this case, the Court granted an injunction against 28 rogue websites pirating Universal Studios content. The injunction covers not just existing websites but also future versions and new ones that may arise. This applies to future Universal Studios content as well. ISPs and domain name registrars were ordered to block access and provide details of owners.
Read more about Another dynamic plus order to curb online piracy from the Delhi High CourtWhere can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.
Delhi High Court split on jurisdiction for trademark rectification petitions: firstly stated any High Court, later restricted it to granting IP Office’s jurisdiction. The underlying point is differentiating Trade Marks Act from Patents and Designs Acts and emphasizing convenience for businesses.
Read more about Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.R Indira Devi has no Copyrights over Guntur Sushendra Sharma’s “My Country My People”, says the Telangana High Court.
In this case, the Telangana High Court found that a letter written by the author in 1989 granting his son the copyrights was valid and that the author’s wife’s later assignments of the copyrights were not valid.
Read more about R Indira Devi has no Copyrights over Guntur Sushendra Sharma’s “My Country My People”, says the Telangana High Court.