Madras High Court Archives

Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Kalyan Jewellers successfully defended its trademarks ‘Kalyan’ and ‘Kalyan Jewellers’ against cybersquatting through a recent Madras High Court ruling. The Court ordered the transfer of the infringing domain name “kalyanjewellers.com” to Kalyan Jewellers after the WIPO arbitration panel couldn’t decide on the case due to the requirement of proving bad faith. Continue Reading Injunction against use of Kalyan and Kalyan Jewellers Trademarks

March 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 632Views 0Like

ShareFacebook

Will a trademark invalidity plea in response to an interim application count for Section 124?

This blog post discusses a recent court case in India concerning the validity of raising a trademark invalidity plea against an interim application under Section 124 of the Trade Marks Act. The court ruled that a plea of invalidity can be raised not only in the written statement but also in other pleadings and submissions, including counter-affidavits to interim applications. Continue Reading Will a trademark invalidity plea in response to an interim application count for Section 124?

February 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 368Views 0Like

ShareFacebook

Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

In this case, the Madras High Court highlights the importance of addressing similarity concerns and pursuing registration as a label mark for stronger protection. This case with help gain insights for navigating trademark challenges in India. Continue Reading Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

February 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 496Views 0Like

ShareFacebook

Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

Learn how a system for concealing user addresses in online transactions was deemed patentable, distinguishing it from excluded “business methods.” Gain insights for navigating patent applications in the digital age. Continue Reading Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

February 26, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 377Views 0Like

ShareFacebook

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

Protein-free foaming innovation revived! Madras High Court overturns patent refusal due to Controller’s failure to address key arguments and consider crucial differences from prior art. This judgment highlights the importance of thorough analysis and considering applicant submissions in patent decisions. Continue Reading Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

February 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 370Views 0Like

ShareFacebook

Image accompanying blogpost on "Madras High court provides clarity on Proof of right, says date of assignment and date of declaration are different."

Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

In this case, the Madras High Court sheds light on proving applicant’s right, emphasizing the difference between assignment and declaration dates. This case offers insights for smoother patent applications in India and is likely to provide much-needed clarity to Applicants and Controllers alike who often encounter the same or similar objections relating to proof of right under Section 7(2) and Rule 10 of the Patents Act. Continue Reading Madras High Court provides clarity on Proof of Right, says date of…

February 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 606Views 0Like

ShareFacebook

Image accompanying blogpost on "by the Madras High Court"

Review and Reversal of Patent Refusal Orders by the Madras High Court

Madras High Court supports three inventions by overturning three patent refusals on grounds of Lack of valid grounds (RTA-408 case), failure to consider inventive features (fluidized bed boiler case) and procedural error (fuel temperature control case). Continue Reading Review and Reversal of Patent Refusal Orders by the Madras High Court

February 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 520Views 0Like

ShareFacebook

Image accompanying blogpost on "Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court."

Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

“Chand” textile trademark owner loses infringement case against “Chand-A” lungi brand. Court finds long, honest, concurrent use by defendant since 1952 prevents confusion. Lack of concrete evidence weakens plaintiff’s claim of permissive use. Court outlines principles for proving honest and concurrent trademark use. Continue Reading Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

February 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 800Views 0Like

ShareFacebook

Image accompanying blogpost on "Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court"

Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

Madras High Court overturned patent refusal for “Image Construction Apparatus” due to insufficient reasoning from the Controller regarding inventive step and Section 3(k). The Court criticized failure to consider the fact that the European Patent Office (EPO) had granted a patent based on the same prior art references and the disregard to analyze technical aspects per Section 3(k). Continue Reading Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High…

February 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 676Views 0Like

ShareFacebook

Madras High Court Rulings on Patent Application Refusals

In this post, we examine recent Madras High Court rulings that have overturned patent application refusals. These cases, involving complex topics such as immunological targeting, drug delivery formulations, and polynucleotide libraries, highlight the Court's stance on the necessity for clear and cogent reasoning in patent application rejections. Case Notes Rejection of claim amendments under Section 59 without reasons is not valid, says the Madras High Court. In a case involving a patent application relating to "Immunological Targeting of Pathological Tau Proteins",…

January 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 709Views 0Like

ShareFacebook

Celebrating 20 Years of IP Excellence

Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Will a trademark invalidity plea in response to an interim application count for Section 124?

Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

Review and Reversal of Patent Refusal Orders by the Madras High Court

Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

Madras High Court Rulings on Patent Application Refusals

Connect with Us

BananaIP has been acknowledged as a women-owned enterprise, certified by WEConnect International.

Connect with us