Delhi High Court - Intellepedia

Regents’ Patent on Live Salmonella Vaccine Fails to Meet Disclosure Requirements, Court Rules

The Delhi High Court recently upheld the Controller of Patents' decision to reject an appeal filed by the Regents of the University of California (hereafter...

ITC’s injunction against Arpita Agro upheld

The Delhi High Court upheld ITC’s injunction against Arpita Agro, restraining the company from using the trademark ‘POWRNYM.’ The Court ruled that the mark was deceptively similar to ITC’s ‘NIMYLE’ and ‘JOR-POWR,’ violating trademark rights. The judgment emphasized that contractual obligations and trade dress similarities must be strictly adhered to in trademark disputes.

Patentability vs. Procedure: Finding the Right Balance during patent examinations

The Delhi High Court ruled in favor of Arcturus Therapeutics, overturning the Controller’s rejection of its patent application on procedural grounds. The Court emphasized that procedural compliance should not override substantive examination, directing the Patent Office to reassess the application on its merits.

The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

The Delhi High Court addressed the appeals in the Sammaan Capital v. Svamaan Financial trademark dispute. The case involved phonetic similarity, consumer confusion, and corporate branding rights. The Court maintained the status quo, requiring disclaimers in advertisements and setting a final hearing for April 2025.

Frivolous inventions and abstract theories – Delhi High Court refuses patent appeal

The Delhi High Court dismissed an appeal against the rejection of a patent application due to lack of novelty and a significant procedural delay of 701 days. The appellants, who had filed a patent application for black-colored wearables with claimed effects on human energy, failed to provide scientific evidence or technical merit. The court upheld the Indian Patent Office’s decision, emphasizing that abstract ideas are not patentable and reaffirming the importance of adhering to statutory deadlines for appeals.

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

The Delhi High Court ruled in favor of Gemini Edibles and Fats India Ltd. in a trademark rectification petition, directing the removal of the “DREAM FREEDOM” mark from the Register of Trade Marks. The court found that the respondent had deceptively adopted the mark and trade dress of Gemini’s “FREEDOM” brand, leading to potential consumer confusion. The ruling reinforced the principles of prior use and deceptive similarity in trademark law.

Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

The Delhi High Court set aside the deemed abandonment of Waterotor’s Indian patent application, citing miscommunication regarding the First Examination Report (FER). The Court ruled that the lack of timely FER receipt justified reinstatement, directing the Patent Office to restore the application’s status to “pending” and allow a response within four weeks.

A battle for respect : Svamaan Financial Takes on Sammaan Capital in Trademark case

In a significant trademark dispute, the Delhi High Court ruled in favor of Svamaan Financial Services, granting an interim injunction against Sammaan Capital Limited and its affiliates. The Court found that the defendants’ marks were deceptively similar to Svamaan, potentially misleading consumers. The ruling reinforces the importance of brand identity and legal recourse in financial services.

Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims.

Court reiterates importance of protecting consumers from confusion in case of pharma products

The Delhi High Court deliberated a trademark infringement case between Modi MundiPharma and Win Health Pharma. Allegations of deceptively similar trademarks in pharmaceutical products were raised, with the Court emphasizing the risk of consumer confusion. The application to challenge the validity of the defendant’s marks was disposed of, framing key issues on the marks’ invalidity.

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