Delhi High Court Archives

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. Continue Reading…

February 22, 2025 BananaIP Reporter Case Study, Intellectual Property, Patents 0Comment 371Views 1Like

ShareFacebook

“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. Continue Reading “DREAM FREEDOM” Trademark removed from register for Deceptive…

February 20, 2025 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 675Views 1Like

ShareFacebook

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. Continue Reading Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

February 19, 2025 BananaIP Reporter Case Study, Intellectual Property, Patents 0Comment 370Views 2Likes

ShareFacebook

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

February 18, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 458Views 2Likes

ShareFacebook

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

February 7, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 291Views 0Like

ShareFacebook

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

January 13, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 369Views 1Like

ShareFacebook

Court refuses interim injunction based on Patent Prosecution History

The Delhi High Court refused an interim injunction sought by Jay Switches in a patent infringement dispute against Sandhar Technologies. The Court found no prima facie infringement of Jay Switches’ patent for an airtight fuel cap and highlighted ambiguity in the claims. Sandhar was directed to maintain detailed accounts of product sales pending further proceedings. Continue Reading Court refuses interim injunction based on Patent Prosecution History

December 24, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 542Views 0Like

ShareFacebook

Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

The Delhi High Court passed a permanent injunction and summary judgment in favor of AB Volvo and its group companies in a trademark infringement suit against Lamina Suspension Products Ltd. The court restrained the Defendant from using the “VOLVO” and “FMX” trademarks on leaf spring products, enforcing the settlement terms and protecting Volvo’s well-known trademarks in India. Continue Reading Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

December 21, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 494Views 1Like

ShareFacebook

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

The Delhi High Court upheld Novartis’s patent on Ceritinib, rejecting Natco Pharma’s claims of invalidity and allegations of material suppression. The court ruled that the divisional application’s refusal was immaterial to the case and reaffirmed the patent’s validity based on inventive step, novelty, and therapeutic benefits. Natco’s application to vacate the injunction was dismissed. Continue Reading Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

December 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 843Views 2Likes

ShareFacebook

ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks

The Delhi High Court granted an interim injunction to ITC Limited, restraining Arpita Agro from using the deceptively similar trademark “POWRNYM.” The case highlights issues of trademark infringement, passing off, and contractual obligations, emphasizing the importance of protecting intellectual property rights. Continue Reading ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks

December 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 560Views 2Likes

ShareFacebook

Celebrating 20 Years of IP Excellence

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

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

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

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

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

Court refuses interim injunction based on Patent Prosecution History

Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks

Connect with Us

BananaIP has been acknowledged as a women-owned enterprise, certified by WEConnect International.

Connect with us