Intellectual property law

Copyright Vs Design Protection: Supreme Court’s Purely Artistic and Functional Utility Tests

In a recent decision, the Supreme Court in Cryogas Equipment Private Limited v. Inox India Limited affirmed the Gujarat High Court’s decision rejecting an application...

Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

In Allahabad Law Agency v. Amazon Seller Services Pvt. Ltd. & Ors., the Delhi High Court granted a permanent injunction against online sellers distributing counterfeit copies of Law of Torts by Dr. R.K. Bangia. The Court found copyright and trademark infringement but declined to award damages, granting nominal costs of Rs. 15,000 to the Plaintiff.

Madras High Court Affirms Rejection of AI-Integrated Persona Patent

The Madras High Court dismissed an appeal challenging the rejection of a patent application for AI-integrated persona augmentation. The Court ruled that the invention lacked sufficient technical detail, inventive step, and patent-eligible subject matter under the Patents Act. It upheld the Controller’s decision, emphasizing the absence of tangible technical effects and clear disclosure requirements.

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.

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.

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.

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.

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.

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.

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.

Tag: Intellectual property law