Case Notes Archives

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 380Views 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 442Views 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 611Views 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 513Views 0Like

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Interesting 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. Continue Reading Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

February 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 453Views 0Like

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Image accompanying blogpost on "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."

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.

“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. Continue Reading 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.

February 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 835Views 0Like

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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. Continue Reading Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court

February 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Software, Trademarks 0Comment 1083Views 0Like

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Another 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. Continue Reading Another dynamic plus order to curb online piracy from the Delhi High Court

February 16, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection, Social Media Law 0Comment 987Views 0Like

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Image accompanying blogpost on "Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench."

Where 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. Continue Reading Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.

February 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 823Views 0Like

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Image accompanying blogpost on "R Indira Devi has no Copyrights over Guntur Sushendra Sharma's "My Country My People", says the Telangana High Court."

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. Continue Reading R Indira Devi has no Copyrights over Guntur Sushendra Sharma’s “My Country My People”, says the Telangana High Court.

February 15, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 687Views 0Like

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Celebrating 20 Years of IP Excellence

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

Trademark refusal without notice and ‘40’ suffix similarity

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

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

Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

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

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.

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