Tag: IP Law

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

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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.

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Reasoned orders are a necessity in patent refusals, Madras HC reiterates

Reasoned orders are a necessity in patent refusals, Madras HC reiterates Featured image for Reasoned orders are a necessity in patent refusals, Madras HC reiterates

The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders.

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

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The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand.

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

Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i) Featured image for 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.

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Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

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The Madras High Court remanded Pinnacle Engines Inc.’s patent application for their opposed piston engine, addressing inventive features overlooked by the Assistant Controller of Patents. The court emphasized the significance of the crank offset and opposite crankshaft rotation in reducing friction and vibration, directing a reassessment by a different officer.

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Trademark Value: NYKAA, A to Z, Social, and Burger King Trademark Injunctions

Trademark Value: NYKAA, A to Z, Social, and Burger King Trademark Injunctions Featured image for Trademark Value: NYKAA, A to Z, Social, and Burger King Trademark Injunctions

In this post, we bring to you 4 trademark cases where injunctions were granted in favour of trademark owners. The cases relate to popular brands...

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