Delhi High Court Archives

Weekly Trademark Updates

This week’s trademark updates are as follows: A hot win for ‘Chaayos’. In the matter of SUNSHINE TEAHOUSE PVT. LTD. v. MTRM GLOBAL PVT. LTD., the plaintiff, owner of the trademark- Chaayos had approached the Delhi High Court against the usage of the mark- Chaiops by the defendants. The suit was filed in September seeking permanent injunction and restraining unauthorised use of the mark by the defendants. The matter was referred to mediation last month which failed and further options to…

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CASE BRIEF: FMC Corporation & Ors. vs. Natco Pharma Limited

Facts (with Timeline): i) FMC Corporation and FMC Agro Singapore Pte. Ltd. (collectively referred to as “Plaintiffs”) were assigned Indian Patent No. 298645 (suit patent/IN’645) titled “Method for preparing N-Phenylpyrazole-1-Carboxamides.” ii) The suit patent disclosed a novel method for preparing anthranilic diamide insecticide compounds. The claimed method involves combining: a carboxylic acid compound of Formula 2, an aniline compound of Formula 3, and a sulfonyl chloride, to prepare a compound of Formula 1 (Chlorantraniliprole (CTPR)). iii) The Plaintiffs brought…

October 3, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 3384Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: Delhi High Court prevents website from using the trademark "Live Law" because of "intent to cash in on goodwill." The Delhi High Court has issued an ad interim injunction in favour of Live Law Media Private Limited, the business that owns the legal portal livelaw.in, preventing "Tiya Law Library" and a Haryana-based attorney from using the mark/name "Live Law" until further orders and ordering the internet service providers to block access to the website…

September 30, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 879Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: CHAAYOS trademark infringement dispute referred to mediation Sunshine Teahouse Private Limited had filed an infringement suit against the CHAIOPS café. Sunshine claimed that the Defendant’s brand name CHAIOPS was infringing upon their mark CHAAYOS. The Delhi High Court noted that there were no similarities between the device and logo of the two parties and that there existed only phonetic similarity between the two. Hence, stating the possibility of an amicable settlement, the Delhi High…

September 16, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 793Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: Kashmir seeks to add more products to its GI list Kashmir seeks to obtain the GI tag for five of its crafts: Kashmir Namda, Wagguv, Shikara, Gabba and Kashmir Willow Bat. The Director of the Handicrafts & Handloom Kashmir had an extensive discussion with the authorities of Intellectual Property India, Chennai and requested them to accelerate the process of registration, “The dossier for registration of these crafts has already been submitted to the Intellectual…

September 9, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 844Views 0Like

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Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High Court

In a recent case involving Gogoro Inc, the Delhi High Court remanded a patent decision back to the patent office on the ground that the order was unreasoned. The Controller of Patents in the case rejected the patent application filed by Gogoro Inc relating to a power charging system on the ground that it lacked inventive step. The Controller cited three prior art references but failed to explain how a person skilled in the art would arrive at the claimed…

August 29, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 1206Views 0Like

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CASE BRIEF : Osram GmbH & Anr. Vs. Tejmeet Singh Sethi & Anr.

Facts Plaintiffs, M/s Osram GmbH and Osram Lighting Private Limited [“OLPL”] filed a suit against Mr. Tejmeet Singh Sethi and Mr. Hartej Singh Sethi (Defendants) claiming their rights in the registered Trademark “OSRAM”. This mark was adopted by OLPL internationally in 1906 and later registered in India in 1945 by General Electric Company Limited. Plaintiffs were engaged in manufacturing a range of products comprising Lumilux Plus Fluorescent Lamps, CFL lamps and other related products. Plaintiffs found that Defendants, who were…

August 25, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1124Views 0Like

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CASE BRIEF : Phonographic Performance Ltd. vs. Union of India & Ors.

Facts: The Petitioner, Phonographic Performance Ltd., a company registered under the Companies Act, 1956, was a registered copyright society. It had assigned the copyright in various sound recordings for communication to the public in the area of public performance and broadcast, through which it owned/controlled the public performance rights of more than 350 music companies with 3 million international and domestic sound recordings. It provided a single window for various parties seeking a license for authorised use of sound recordings.…

August 23, 2022 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1840Views 0Like

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Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

Boehringer Ingelheim International GMBH vs The Controller Of Patents & Anr. on 12 July, 2022 Delhi High Court Facts / Background The Applicant, Boehringer Ingelheim International GMBH, had filed a National Phase PCT Application on 14th November, 2008, for 'Use of IV Inhibitors'. The patent specification had Claims numbered 1 - 18, with two claims numbered as 15, which were referred to as 15 and 15A. The First Examination Report ("FER") was issued on 24th March, 2014, in response to…

August 23, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 1270Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: Hailey Bieber strikes a win! Entrepreneur Hailey Bieber was sued for trademark infringement by Purna Khatau and Phoebe Vickers, founders of RHODE, a clothing line. The founders sought for a preliminary injunction from the U.S. District Court for the Southern District of New York. Bieber submitted a 17-minute YouTube video documenting the inspiration behind the word 'RHODE'. Bieber stated in the video that 'RHODE' is her and her mother's middle name and hence, the…

July 28, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 1128Views 0Like

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Celebrating 20 Years of IP Excellence

Weekly Trademark Updates

CASE BRIEF: FMC Corporation & Ors. vs. Natco Pharma Limited

Weekly Trademark Updates

Weekly Trademark Updates

Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High Court

CASE BRIEF : Osram GmbH & Anr. Vs. Tejmeet Singh Sethi & Anr.

CASE BRIEF : Phonographic Performance Ltd. vs. Union of India & Ors.

Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

Weekly Trademark Updates

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