Intellectual Property Rights Archives

Can you reuse a discarded bottle to refill and sell your own goods or products?

The Madhya Pradesh High Court ruled in favor of Mount Everest Breweries Ltd., prohibiting the reuse of embossed beer bottles. The decision upheld the Excise Commissioner’s order, stating that reusing marked bottles leads to consumer deception and violates intellectual property rights. The appeal overturned the previous order, reinforcing legal protections for trademarks in the beer industry. Continue Reading Can you reuse a discarded bottle to refill and sell your own goods or products?

February 13, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 159Views 1Like

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‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

The Delhi High Court ruled on a trademark dispute between ‘Big Dipper’ and ‘Big Deeper,’ setting aside an ex parte injunction. The case centered on the assertion of transborder reputation by importers of the ‘Big Dipper’ mark. The Court relied on precedent to determine that mere global reputation is insufficient to claim trademark protection in India. The matter was remanded for fresh consideration. Continue Reading ‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

February 4, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 278Views 1Like

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Trademark Win: Swatch Group’s careful watch leads to Permanent Injunction

The Patiala House Courts in New Delhi delivered a decisive ruling in favor of Swatch Group, issuing a permanent injunction against four traders for trademark infringement and passing off. The court ordered the destruction of counterfeit goods and awarded costs to the plaintiffs, affirming their statutory rights under the Trade Marks Act, 1999. Continue Reading Trademark Win: Swatch Group’s careful watch leads to Permanent Injunction

December 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 489Views 2Likes

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Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

The Delhi Commercial Court granted L’Oreal a permanent injunction against M/s Oneness Enterprises for importing counterfeit goods bearing L’Oreal’s trademarks. The Court also restrained Customs Offices from releasing the seized goods and directed their destruction under applicable rules, ensuring strong protection of L’Oreal’s intellectual property rights. Continue Reading Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

November 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 617Views 2Likes

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Importers Watch Out! Tag Heuer times out counterfeit watches

Tag Heuer S.A. successfully secured a court order for the destruction of counterfeit watches imported by Tinya International. The court awarded Rs. 5,00,000 in damages, plus further compensation, after finding clear evidence of trademark infringement. The ruling underscores the consequences of importing counterfeit goods and highlights the benefits of trademark protection and mediation. Continue Reading Importers Watch Out! Tag Heuer times out counterfeit watches

November 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, IP Settlements 0Comment 361Views 1Like

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Volvo drives home a victory in Trademark ‘Volvo Pump’ dispute

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Volvo against M/s Grasp Engineering for using the trademark “VOLVO PUMPS” without authorization. The court found Grasp’s actions likely to deceive consumers and harm Volvo’s reputation, leading to the restriction of Grasp’s use of the mark until further hearings. Continue Reading Volvo drives home a victory in Trademark ‘Volvo Pump’ dispute

October 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 353Views 2Likes

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Fake Headsets? Not on Samsung’s Watch: Court Issues Permanent Injunction

The Delhi District Court issued a permanent injunction in favor of Samsung, preventing further sale of counterfeit headsets by several defendants. The Court confirmed trademark infringement and ordered the destruction of fake goods. Samsung was awarded litigation costs but punitive damages were denied. Continue Reading Fake Headsets? Not on Samsung’s Watch: Court Issues Permanent Injunction

September 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 525Views 0Like

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Madras High Court’s Progressive Stance on Patent Claim Amendments and Other Aspects

In this post, we at BananaIP bring to you select Patent cases relating to Patent Claim amendments, Patent exclusions, and Patent orders. Amending polypeptide patent claims mentioning specific sequence IDs to polynucleotide claims mentioning the said sequence IDs is permitted, says Madras High Court. While dealing with the rejection of a patent application based on impermissible claim amendments, the Madras High Court reiterated that claim amendments are permissible as long as the amendments are disclosed in the specification. After reviewing the…

January 2, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 1032Views 0Like

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Trademarks in the Courtroom: Noteworthy Decisions from India Part – 4

Our exploration continues in Trademarks in the Courtroom: Noteworthy Decisions from India Part - 4, focusing on Indian trademark case highlights. This segment reviews crucial judgments regarding user affidavits and the handling of trademark refusal orders, pivotal aspects of the trademark registration process. Cases pertaining to user affidavit: Unreasoned refusal of Shell’s drum trademark application set aside The Delhi High Court has recently set aside an order of the Trademark Registrar refusing a trademark application by Shell for a drum logo…

October 26, 2023 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 875Views 0Like

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Prof. Thammaiah Ramakrishna Scholarship Celebrates It’s First Year

BananaIP Counsels recently celebrated the completion of the first year of their groundbreaking initiative, the "Professor Thammaiah Ramakrishna Scholarship for aspiring Patent Attorneys". The program is recognized for its innovative approach to encouraging and facilitating students in the legal and technical domains to enter patent practice. The first scholarship has been awarded to Muhammad Faris V, a Senior research fellow at the Inter-University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT. Faris, a BSc Physics graduate, has completed his post-graduation in…

June 16, 2023 BananaIP Reporter Intellectual Property 0Comment 913Views 0Like

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Celebrating 20 Years of IP Excellence

Can you reuse a discarded bottle to refill and sell your own goods or products?

‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

Trademark Win: Swatch Group’s careful watch leads to Permanent Injunction

Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

Importers Watch Out! Tag Heuer times out counterfeit watches

Volvo drives home a victory in Trademark ‘Volvo Pump’ dispute

Fake Headsets? Not on Samsung’s Watch: Court Issues Permanent Injunction

Madras High Court’s Progressive Stance on Patent Claim Amendments and Other Aspects

Trademarks in the Courtroom: Noteworthy Decisions from India Part – 4

Prof. Thammaiah Ramakrishna Scholarship Celebrates It’s First Year

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