Intellectual Property Archives

Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

Exploring recent High Court judgments overturning patent application refusals, highlighting the importance of detailed reasoning and thorough consideration in patent office decisions. Continue Reading Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

January 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 728Views 0Like

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Indian Patent and Design Statistics 2024 (January 12th – 19th)

BananaIP Counsels brings to you the Weekly Patent and Design Statistics report from the Official Journal of Patents and Designs for the period of 12th to 19th January, 2024. Continue Reading Indian Patent and Design Statistics 2024 (January 12th – 19th)

January 29, 2024 BananaIP Reporter Intellectual Property, Patent & Design Statistics, Patents 0Comment 631Views 0Like

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Premier Vs. Barclays Premier League, Apollo Mark Well-Known Status?, and Roobini Vs. Rubam Trademark Cases

Explore recent trademark cases: Barclays Premier League’s suit, Apollo’s well-known status, and the Roobini vs. Rubam palm oil dispute. These cases highlight principles for composite marks, well-known mark criteria, and confusion risk for average consumers. Essential insights for IP professionals and businesses. Continue Reading Premier Vs. Barclays Premier League, Apollo Mark Well-Known Status?, and Roobini Vs. Rubam Trademark Cases

January 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 707Views 0Like

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Re-publish correct trademark, Healthy Salt ad not disparaging, “Patta” detergents, and more

Trademark Cases: Kalpaka Trademark Republication, Puro Healthy Salt Disparagement, and Tazza Patta Trademark Infringement

Examining recent trademark cases, we discuss ‘Kalpaka’ republication, detergent brand disputes, and the Tata vs Puro Healthy Salt advertising case. Continue Reading Trademark Cases: Kalpaka Trademark Republication, Puro Healthy Salt Disparagement, and Tazza Patta Trademark Infringement

January 23, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 567Views 0Like

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Injunction on use of similar labels, prima facie injunction of Patent Claims and more…

Officer’s Choice Trademark, Zinking Patent and Baoji Footwear Cases

This post highlights recent decisions by the High Court of Delhi and Himachal Pradesh on intellectual property rights, focusing on trademark and patent infringement cases. The cases involve disputes over whisky label similarities, fertilizer patent claims, and the contentious use of a registered trademark. Care Notes Officer's Choice Vs. Peace Maker Prestige Whisky: The Delhi High Court injuncts the use of a similar label. In a case involving the labels of Officer's Choice and Peace Maker for whisky, the Delhi High…

January 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents, Trademarks 0Comment 618Views 0Like

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Courts Award Litigation Costs In Recent Trademark Cases

Courts Award Litigation Costs In Recent Trademark Infringement Cases

This post discusses three 2023 Delhi High Court cases on trademark infringement, where plaintiffs received litigation costs. Each involves infringement issues leading to injunctions against further use of the infringing marks. These cases demonstrate the enforcement of IP rights and the financial consequences of infringement in the Indian intellectual property landscape. Continue Reading Courts Award Litigation Costs In Recent Trademark Infringement Cases

January 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 777Views 0Like

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Copyrights and Moral Rights over Lyrics, Tablet Strip Trade Dress, & Diabetic Sugar Brand Cases

In this mixed post, we bring to you one copyright case and two trademark cases. The copyright case relates to infringement of copyrights in lyrics and related moral rights, and the trademark cases relate to trade dress violation and trademark revocation. With respect to trade dress, the Court has recognized a particular colour of a tablet strip in a given style as protectable. In the revocation case, the ‘Diabeat’ trademark adopting a similar packaging has been revoked. Case notes Maintain Accounts…

January 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property 0Comment 802Views 0Like

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PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

Explore key legal outcomes in the PepsiCo plant variety case and the latest guidelines for patent agent address changes, as ruled by the Delhi High Court. This post delves into significant IP law decisions, providing essential updates for professionals in the field. Continue Reading PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

January 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents, Plant Varieties 0Comment 722Views 0Like

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Trademark cases relating to Cricket Helmets, Biscuits, Edible Oil, and Tobacco

In this post, we have put together 4 trademark cases that relate to trade dress and wordmark infringement/passing off. The cases involve products such as cricket helmets, biscuits, tobacco, and edible oil. In all the cases, trademark owners have been able to get positive orders in their favour. Good Day Vs. Good Times for Butter Cookies: Delhi High Court restrains the use of Blue and Yellow packaging and 'Good Times' mark for Butter Cookies. In a case involving the use of…

January 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 822Views 0Like

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Draft Patents (2nd Amendment) Rules, 2024

The Draft Indian Patent Rules 2024 has been released for public review. This draft addresses the adjudication process for penalties in patent-related matters. It introduces specific roles such as 'Adjudicating Officer' and 'Appellate Authority', clarifying their functions in the patent adjudication process. The draft also details procedures for filing and appealing complaints in cases of patent contraventions.These updates are part of an ongoing effort to enhance the clarity and efficiency of the patent process in India. Objections or suggestions, if any, may…

January 10, 2024 BananaIP Reporter Intellectual Property, Patents 0Comment 906Views 0Like

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Celebrating 20 Years of IP Excellence

Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

Indian Patent and Design Statistics 2024 (January 12th – 19th)

Premier Vs. Barclays Premier League, Apollo Mark Well-Known Status?, and Roobini Vs. Rubam Trademark Cases

Trademark Cases: Kalpaka Trademark Republication, Puro Healthy Salt Disparagement, and Tazza Patta Trademark Infringement

Officer’s Choice Trademark, Zinking Patent and Baoji Footwear Cases

Courts Award Litigation Costs In Recent Trademark Infringement Cases

Copyrights and Moral Rights over Lyrics, Tablet Strip Trade Dress, & Diabetic Sugar Brand Cases

PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

Trademark cases relating to Cricket Helmets, Biscuits, Edible Oil, and Tobacco

Draft Patents (2nd Amendment) Rules, 2024

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