Intellectual property law Archives

Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

The Delhi High Court ruled in favor of Thijs, Roeland Michel Mathieu, ordering the restoration of Patent No. 408932 after it lapsed due to a communication error by the Patent Office. The court determined the lapse was not intentional on the appellant’s part and required the respondent to restore the patent upon payment of the renewal fee. Continue Reading Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

October 31, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 180Views 1Like

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Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, holding that Micky Metals’ use of the “LUX TMT” mark constituted passing off. The Court granted a permanent injunction, emphasizing that the Plaintiffs’ trademark rights extended even to dissimilar goods. Continue Reading Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

October 3, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 184Views 0Like

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Court Bans infringers from infringing “RAY-BAN”

Luxottica Group S.P.A., a global leader in eyewear and owner of the Ray-Ban trademark, secured a permanent injunction against Iswar Opticals and others for manufacturing counterfeit products. The Delhi Court ruled in favor of Luxottica based on unchallenged evidence, confirming trademark infringement and violation of copyright. Continue Reading Court Bans infringers from infringing “RAY-BAN”

September 20, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 417Views 2Likes

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Delhi High Court issues injunctions for fraudulently using IP Law Firm’s Trademark and Partner’s Name

The Delhi High Court issued an interim injunction in favor of Anand And Anand, safeguarding its trademark against fraudulent impersonation in emails. The court also ordered the blacklisting of email addresses used by cybercriminals and instructed service providers to disclose their identities. Continue Reading Delhi High Court issues injunctions for fraudulently using IP Law Firm’s Trademark and Partner’s Name

September 13, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property, Trademarks 0Comment 410Views 2Likes

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Wrong Documents Served, Abandonment of Opposition Set Aside

The Delhi High Court restored the opposition in the ‘SIGNUM GROUP’ trademark dispute, correcting an abandonment caused by a Registrar’s error. The case highlights procedural issues in trademark registration and opposition management. Continue Reading Wrong Documents Served, Abandonment of Opposition Set Aside

September 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 263Views 2Likes

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Jumbo Tramples Haathi Trademark Registration

The Calcutta High Court ruled in favor of Girnar Food & Beverages Pvt. Ltd., overturning the Registrar’s decision and quashing the registration of a deceptively similar ‘HAATHI’ mark by Bicrampore Tea Estate. This ruling underscores the significance of consumer perception and the potential for deception in trademark disputes. Continue Reading Jumbo Tramples Haathi Trademark Registration

August 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 268Views 1Like

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Indian IP Office Orders Re-evaluation of Trademark Applications

The Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) has issued a directive for the re-validation of trademark applications processed by officers hired through the Quality Council of India. The process will involve a two-tier review system to ensure accuracy and compliance with current legal provisions, with a goal of processing 250 applications per day. Continue Reading Indian IP Office Orders Re-evaluation of Trademark Applications

August 14, 2024 IP AI Reporter Intellectual Property, Trademarks 0Comment 454Views 1Like

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Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

The Bombay High Court in Atyati vs. Cognizant emphasized the critical need for full and transparent disclosure in ex-parte injunctions, ruling against Atyati for suppressing material facts. This case highlights the importance of integrity in the judicial process, especially in intellectual property disputes. Continue Reading Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

August 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 328Views 0Like

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Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

The Delhi High Court issued an interim injunction in favor of ITW GSE APS, restraining Dabico Airport Solutions from infringing on ITW’s pre-conditioned air patent during the pending suit. ITW’s PCA units, featuring advanced VFDs controlled by a central controller, are recognized globally. Dabico’s challenges were dismissed, leading to the injunction and a mandated turnover disclosure. Continue Reading Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

July 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 403Views 2Likes

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Patent Examination and Pre-Grant Opposition are independent processes

Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and…