Madras High Court Archives

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

The Madras High Court allowed France Telecom’s writ petition, overturning orders rejecting its patent application due to procedural delays. The Court emphasized that errors by agents should not deprive applicants of statutory rights, directing the Deputy Controller of Patents to process the application as per the Patents Act, 1970. Continue Reading Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

3 days ago BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 103Views 1Like

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Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court dismissed Monster Energy’s appeal against the refusal to register “Energy for the Journey” as a trademark, citing lack of distinctiveness. The Court upheld that generic or descriptive marks cannot be monopolized without evidence of secondary significance, allowing the appellant to reapply upon establishing distinctiveness through prolonged use. Continue Reading Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

December 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 241Views 1Like

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Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

The Madras High Court overturned the Controller’s refusal of Intervet International’s patent application, underscoring the importance of natural justice and reasoned orders in patent proceedings. The case involved complex issues under Sections 3(d) and 3(e) of the Patents Act, with the Court remanding the matter for reconsideration. Continue Reading Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

December 3, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 450Views 3Likes

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Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

The Madras High Court dismissed Embio Ltd.’s petition challenging the validity of Malladi Drugs’ patent for a method of preparing chiral beta-amino alcohols. The court upheld the patent’s novelty, inventive step, and validity, citing superior yields and optical purity. Continue Reading Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

November 23, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 833Views 2Likes

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Refusal of FACT Trademark for Air/Water Purification Products Set Aside

The Madras High Court reversed the Registrar of Trade Marks’ decision to refuse KX Technologies LLC’s application for the FACT trademark for air and water purification filters. The court found no likelihood of confusion with existing marks in the fertilizer sector, allowing the application to proceed with a disclaimer on its specific use. Continue Reading Refusal of FACT Trademark for Air/Water Purification Products Set Aside

November 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 242Views 2Likes

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CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

The Madras High Court granted Coimbatore Institute of Technology exclusive rights over the “CIT” trademark, ruling against Chennai Institute of Technology’s concurrent use. The court determined that Chennai Institute’s use of “CIT” was misleading, lacking distinctiveness, and obtained through suppression of facts. The respondent’s mark was ordered to be removed from the trademark register. Continue Reading CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

November 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 269Views 1Like

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SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

In Scrum Alliance Inc. v. Prem Kumar S., the Madras High Court dismissed Scrum Alliance’s petition to revoke the “CSM” trademark registered by Prem Kumar. The Court held that Scrum Alliance had not substantiated prior use of the mark in India and affirmed Prem Kumar’s ri Continue Reading SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

November 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 260Views 1Like

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Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

The Madras High Court has overturned the rejection of Kymab Limited’s patent application related to generating antibodies in non-human mammals. The Court found that the invention does not fall under Section 3(i) of the Patents Act, 1970, as it is not a method for treating animals but a process for producing antibodies using genetically modified animals. The patent is now set to be granted. Continue Reading Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered…

October 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 290Views 1Like

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Section 3(j), Essentially biological processes and human intervention

The Madras High Court remanded Sakata Seed Corporation’s patent application, focusing on the human intervention in biological processes under Section 3(j). The Court found that the Applicant’s arguments regarding human intervention were not sufficiently addressed by the Patent Office, leading to a fresh review of the case. Continue Reading Section 3(j), Essentially biological processes and human intervention

September 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 539Views 4Likes

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Prakash Pipes prevails over later trademark for ‘Prakash’

The Madras High Court granted a rectification petition filed by Prakash Pipes Limited, canceling Mr. Rama’s ‘PRAKASH’ trademark for non-use. The Court found the registration to be malicious, aimed at unlawful enrichment, and noted the Petitioner’s long-standing rights and goodwill associated with the trademark. Continue Reading Prakash Pipes prevails over later trademark for ‘Prakash’

September 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 395Views 3Likes

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Celebrating 20 Years of IP Excellence

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

Refusal of FACT Trademark for Air/Water Purification Products Set Aside

CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

Section 3(j), Essentially biological processes and human intervention

Prakash Pipes prevails over later trademark for ‘Prakash’

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