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"DREAM FREEDOM" Trademark removed from register for Deceptive Similarity

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

The Delhi High Court ruled in favor of Gemini Edibles and Fats India Ltd. in a trademark rectification petition, directing the removal of the “DREAM FREEDOM” mark from the Register of Trade Marks. The court found that the respondent had deceptively adopted the mark and trade dress of Gemini’s “FREEDOM” brand, leading to potential consumer confusion. The ruling reinforced the principles of prior use and deceptive similarity in trademark law. Continue Reading “DREAM FREEDOM” Trademark removed from register for Deceptive…

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Reasoned orders are a necessity in patent refusals, Madras HC reiterates

Reasoned orders are a necessity in patent refusals, Madras HC reiterates

The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders. Continue Reading Reasoned orders are a necessity in patent…

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand. Continue Reading Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

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Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims. Continue Reading Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

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Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

The Madras High Court remanded Pinnacle Engines Inc.’s patent application for their opposed piston engine, addressing inventive features overlooked by the Assistant Controller of Patents. The court emphasized the significance of the crank offset and opposite crankshaft rotation in reducing friction and vibration, directing a reassessment by a different officer. Continue Reading Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

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Trademark Value - NYKAA, A to Z, Social, and Burger King Trademark Injunctions

Trademark Value: NYKAA, A to Z, Social, and Burger King Trademark Injunctions

In this post, we bring to you 4 trademark cases where injunctions were granted in favour of trademark owners. The cases relate to popular brands such as Nykaa, Social, A to Z, and Burger King. Nykaa Vs. Oykaa for Cosmetics: Delhi High Court grants exparte injunction restraining Oykaa. In a case involving the trademarks Nykaa and Oykaa for cosmetics, healthcare, personal care, and wellness products, the Delhi High Court granted an exparte injunction restraining the use of Oykaa. The Court stated…

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Job Opening - IP Associate

Exciting Career Opportunity at BananaIP Counsels: IP Associate Position

Are you a skilled lawyer with a deep-seated interest in Intellectual Property Law? Then, we have the perfect opportunity for you! BananaIP Counsels, a leading Intellectual Property (IP) firm, is actively seeking to expand our talented team with individuals who are passionate about IP Law. We have immediate openings for the role of IP Associate within our dynamic IP Strategy and Legal Advisory team. About the Role Job Title: Intellectual Property (IP) Associate Department: IP Strategy and Legal Advisory (Including…

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The featured image shows a sign board with the words Intellectual Property written on a green background. The post is about the weekly warm up . To know more, please click here.

Open Spaces and Closed Minds

Are IP attorneys expected to behave in a particular way? Always formal, poker faced and polished? Why are we driven by these unsaid, yet strictly imposed, diligently followed and unbelievably fettered, so called "professional etiquette." I feel suffocated and wrongfully restrained by these norms, and wonder if all attorneys have to live with them for a life time. Shedding some of those chains, I am sharing one of my more light-hearted experiences as a patent attorney. I hope you will enjoy it.…

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Intellepedia - IP News Updates

World’s Best IP Blogs: Patent Baristas

For most people, an ideal day begins with a cup of coffee and a newspaper. The blog that we bring to you today is rather unique in its concept and content. It gives you the exact feel of sipping coffee while updating yourself with the latest IP news. Often featured as one of the top pharma blogs, Patent Baristas serves its readers with some “patent chat over a steaming cup of Coffee.”  Patent Baristas is an intellectual property news and…

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