In a recent decision, the Delhi High Court has reiterated the principles to be followed with respect to patent oppositions, and has once again explained the context, approach, and pace of such proceedings. The Court has reiterated the principles that have to be followed by the Opposition Board, Patent Office, and parties in opposition proceedings based on principles laid down in the Pharmacyclics case. While doing so, the Court emphasized the need to expedite post-grant opposition proceedings, and the need…
This week’s trademark updates are as follows:
Hero MotoCorp gets permission to use Hero as the trademark for EV business
Hero MotoCorp led by Pawan Munjal gets permission for electric vehicles under the trademark Hero by the arbitration tribunal appointed by the Delhi High Court. The dispute was between two factions of the Munjal family group. Hero electric filed an application for an interim injunction against Hero MotoCorp for using HERO for the electric vehicles. The tribunal refused to grant an…
This week’s trademark updates are as follows:
HT Media Ltd. provided relief from Delhi High Court
Delhi High Court has granted ex-parte ad interim injunction in favour of HT Media Limited (the news publication house) which has a registered Trademark - Hindustan Times. The order was passed against the rogue website for using a deceptively similar domain name and abstained the website from using www.hindustantimes.tech and also restrained the website from publishing any articles, columns, reviews that can violate the copyrights…
Facts
The Petitioner, the European Union filed two writ petitions seeking two of the orders passed by the Controller General of Patents to be set aside. The orders stated that two patent applications shall be treated as “deemed to be abandoned” under Section 21(1) of the Patent Act, 1970 (“Act”). The Petitioner, initially engaged a European law firm who then engaged a patent agent in India to prosecute their Indian Applications. Later in June, 2017 it engaged another European Firm…
In a recent case decided by the Delhi High Court in Best Agrolife Limited vs. Deputy Controller of Patents and Anr., the Court remanded an order of patent grant by the Patent Office for a fresh consideration because the order was legally infirm and unreasoned, resulting in violation of principles of natural justice. The order was related to a patent application filed by GSP Crop Science, concerning a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron.
The Petitioner in this case, Best…
This week’s trademark updates are as follows:
Gujarat High Court issues notice to Microsoft in trademark infringement suit
A local information technology company, Azure Knowledge Corporation Pvt. Ltd. had filed an appeal before the High Court against the order of the civil court seeking to restrain the global software giant, Microsoft Corporation from using its trademark “Azure”. The lower court has refused the request on grounds that the plaintiff failed to establish any loss or damage suffered by it. On appeal…
Facts
The Plaintiff, Amazon Seller Services Pvt. Ltd., owns, operates and manages the India online marketplace at www.amazon.in on which lakhs of third-party sellers and buyers interact and conduct their transactions.
Plaintiff No. 2, owns the trademark ‘AMAZON’ in various classes and copyright on the ‘AMAZON’ logos. Plaintiff No.2 has licensed its copyrights and trademarks to Amazon Seller Services, for the purposes of promotion, publication and merchandising within the territory of India.
Amazon Seller Services alleged that the Defendants, Amazonbuys.in and others…
This week's trademark updates are as follows:
Coke Studio v. Cook Studio : The trademark conundrum
The ongoing tussle between one Nikhil Chawla, proprietor , of "The Chawla Group" against 'The Coca Cola Company', has now been referred to mediation by Justice Pratibha M Singh. The Court stated that both the parties are being referred to the Delhi High Court Mediation and Conciliation Centre on 31st May, 2022 . Mr. Rajeev Varma, Senior Counsel has been appointed as the mediator for…
In a case between Phonographic Performance Limited (PPL) and Lookpart Exhibitions And Events Private Limited, Justice Pratibha Singh of the Delhi High Court has sought an expert opinion from Professor Arul George Scaria on the legislative history and scope of Section 52(1)(za) of the Copyright Act.
The specific question raised is whether use of music in marriage ceremonies and social events is exempted under Section 52(1)(za), and whether such a use may be considered as fair use. The provision reads as…
The Delhi High Court hosted a ‘National Seminar on Adjudication of IPR Disputes in India' on February 26, 2022, at the DRDO Bhawan, Rajaji Marg, New Delhi. The Seminar was live-streamed on the official YouTube channel of the Delhi High Court and is available at this link:
Hon'ble Justice N.V. Ramana, Chief Justice of India was the Chief Guest, and Mrs. Nirmala Sitharaman, Hon'ble Union Minister of Finance and Corporate Affairs was the Guest of Honor of the Event. The Seminar…