BananaIP Archives | Page 2 of 10

Patent refusals: The need for clarity and details beyond mere objections.

The Delhi High Court recently highlighted the importance of clear and detailed reasoning in patent office rejections. In this case of Calm Water Therapeutics LLC’s patent application, the court found the initial rejection order by the patent office to be flawed as the revised claim was not considered and no detailed explanation was provided in the rejection. The court emphasized the need for the Patent Office to provide clear explanations and conduct thorough examinations before rejecting applications. Continue Reading Patent…

March 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 443Views 0Like

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Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Delhi High Court recently ruled in favour of Sterling Agro Industries, protecting their “NOVA” trademark for dairy products from a deceptively similar mark “NOVYA” used by ASR Trading Company. The Court noted the similarity in marks and packaging, the abandoned trademark application by ASR, and their its to prove otherwise, leading to a permanent injunction and penalty against the defendant. Continue Reading Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

March 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 486Views 0Like

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Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

The Delhi High Court recently ruled that the Indian Patent Office (IPO) must clearly and unambiguously articulate objections to patent applications. This case involved Microsoft’s patent application for “Discovery of Secure Network Enclaves,” which was rejected by the IPO for lacking inventive step and violating disclosure requirements. The Court found the IPO’s objections to be ambiguous and procedurally irregular, thereby stressing on fair hearings and proper communication during the patent examination process. Continue Reading Objections regarding insufficiency of disclosure in…

March 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 372Views 0Like

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Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

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. Continue Reading Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

March 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 375Views 0Like

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PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

The Madras High Court has overturned a Patent Office decision that rejected Microsoft’s patent application for “Message Communication of Sensor and other Data.” The Court clarified that the “person skilled in the art” (PSITA) used to assess the inventive step is not omniscient and cannot be presumed to possess the inventive solution claimed in the patent. Continue Reading PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

March 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 568Views 0Like

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Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Kalyan Jewellers successfully defended its trademarks ‘Kalyan’ and ‘Kalyan Jewellers’ against cybersquatting through a recent Madras High Court ruling. The Court ordered the transfer of the infringing domain name “kalyanjewellers.com” to Kalyan Jewellers after the WIPO arbitration panel couldn’t decide on the case due to the requirement of proving bad faith. Continue Reading Injunction against use of Kalyan and Kalyan Jewellers Trademarks

March 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 698Views 0Like

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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’. Continue Reading Trademark refusal without notice and ‘40’ suffix similarity

March 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 439Views 0Like

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Trademark 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. Continue Reading Trademark removal only after notice, and Fly Hi/Timespro Injunctions

March 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 599Views 0Like

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Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court recently ruled that the “prosecution history estoppel” principle applies to trademark cases. This means that statements made during the trademark registration process about similarities with other trademarks can be used against the applicant in future infringement lawsuits. The Court also emphasized the importance of disclosing all relevant information, including prosecution history, in trademark lawsuits. Continue Reading Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

February 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 628Views 0Like

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3 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. Continue Reading 3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

February 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 507Views 0Like

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Celebrating 20 Years of IP Excellence

Patent refusals: The need for clarity and details beyond mere objections.

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Trademark refusal without notice and ‘40’ suffix similarity

Trademark removal only after notice, and Fly Hi/Timespro Injunctions

Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

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