The Delhi High Court ruled that common words like “KONDRU” and “LOBAN” in the context of ayurvedic products cannot be exclusively trademarked. This decision highlights the importance of distinctiveness in trademark registration. Continue Reading The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court
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…
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”
Software giant Bentley Systems successfully obtained an injunction from the Delhi High Court against a company for copyright infringement of its software programs. This case highlights the legal recourse available to software companies in India to protect their intellectual property. Continue Reading Delhi High Court issues injunction against Software Piracy
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…
The Delhi High Court recently ordered Meesho, a popular e-commerce platform, to display full seller information and comply with E-Commerce rules. This decision comes after a copyright infringement case filed by a clothing brand, Abhi Traders, against Meesho and several unknown sellers who were using Abhi Traders’ copyrighted designs and images without permission. The Court highlighted the importance of e-commerce platforms taking responsibility to prevent copyright infringement and ensuring transparency by displaying seller information. Continue Reading Court orders Meesho to…
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
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
In this case the Delhi High Court set aside an order of the Controller of Patents refusing a patent application based on a ground not raised in the hearing notice. The refusal order was set aside as it lacked proper reasoning as required for inventive step analysis. Continue Reading Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court
In this case the Delhi High Court set aside an order of the Controller of Patents refusing a patent application. The refusal order was set aside as it lacked proper reasoning as required for inventive step analysis. Continue Reading Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.