Bombay High Court Archives

Court Directs Meta to Take Down Deepfake Videos of NSE CEO in Urgent Ruling

The Bombay High Court granted urgent interim relief to NSE, ordering Meta and other intermediaries to remove deepfake videos falsely showing NSE’s CEO endorsing stock-picking services. The court highlighted the importance of preventing market manipulation and safeguarding investor trust. Continue Reading Court Directs Meta to Take Down Deepfake Videos of NSE CEO in Urgent Ruling

September 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Social Media Law, Trademarks 0Comment 440Views 3Likes

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“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

The Bombay High Court orders a fresh review of Seiwa Kasei’s ‘PHYTOCUTICLE’ trademark application, challenging the Registrar’s refusal for lack of distinctiveness. Continue Reading “Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

September 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 389Views 3Likes

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Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

The Bombay High Court in Atyati vs. Cognizant emphasized the critical need for full and transparent disclosure in ex-parte injunctions, ruling against Atyati for suppressing material facts. This case highlights the importance of integrity in the judicial process, especially in intellectual property disputes. Continue Reading Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

August 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 402Views 0Like

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Novartis says No to Novarish

In a landmark decision, the Bombay High Court granted Novartis AG an ad-interim injunction against Novarish Healthcare Private Limited for trademark infringement. Novartis successfully argued that Novarish’s use of the “NOVARISH” mark was deceptively similar to its well-known “NOVARTIS” trademark, leading to the court’s decision to protect Novartis’s intellectual property rights. Continue Reading Novartis says No to Novarish

August 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 415Views 0Like

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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

June 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 521Views 0Like

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The High Court of Bombay granted Pidilite an interim injunction against Astral for design infringement, protecting its unique container design.

Pidilite Contains Astral from infringing its Container Design

On June 13, 2024, the High Court of Bombay granted Pidilite Industries Limited an interim injunction against Astral Limited, protecting its registered container design. The Court found Astral’s design to be deceptively similar and upheld the novelty and distinctiveness of Pidilite’s design. Continue Reading Pidilite Contains Astral from infringing its Container Design

June 21, 2024 BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 730Views 1Like

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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 629Views 0Like

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Insightful Analysis of Recent Indian Trademark Court Decisions – Part 7

Explore Part 7 of our series on Trademarks in the Courtroom, featuring key decisions from Indian courts. Delve into the Bombay and Delhi High Courts’ rulings on ‘I am,’ ‘Smart Cities India,’ and ‘Just Milk’ trademarks, offering valuable insights into India’s evolving trademark jurisprudence. Continue Reading Insightful Analysis of Recent Indian Trademark Court Decisions – Part 7

November 16, 2023 BananaIP Reporter Case Reviews, Intellectual Property 0Comment 647Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows – PhonePe' vs 'DIGIPE' - Madras High Court grants interim relief to the plaintiff PhonePe Private Limited, the plaintiff, has been in the Unified Payments Interface (UPI) business since 2016. DigiPe Fintech Private Limited, the defendant filed an application for registration of the mark "DIGIPE" in September 2022 even after being issued a legal notice by PhonePe. The Madras High Court has temporarily restrained defendant from using its mark 'DIGIPE' following a trademark infringement…

January 7, 2023 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 1357Views 0Like

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You Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court

Safex Chemical India Ltd vs The Controller Of Patents And another In this case, Safex Chemical India Limited (“Safex”) filed a writ petition before the Bombay High Court with respect to the denial of the opportunity to respond to amendments in a pre-grant opposition. The patent application in the case is related to the chemical composition for increasing crop yield. Read More Continue Reading You Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court