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…
In the world of cinema, especially in a country as diverse and film-centric as India, the legal intricacies surrounding movie rights play a significant role in the industry's functioning. From satellite rights to digital rights, the manner in which these rights are assigned or transferred often leads to disputes, necessitating clarity from the judiciary. Here at BananaIP Counsels, we bring to you a collection of recent judgments from the Madras High Court that shed light on such complexities, specifically in…
This week’s trademark updates are as follows –
PhonePe' vs 'DIGIPE' - Madras High Court grants interim relief to the plaintiff
PhonePe Private Limited, the plaintiff, has been in the Unified Payments Interface (UPI) business since 2016. DigiPe Fintech Private Limited, the defendant filed an application for registration of the mark "DIGIPE" in September 2022 even after being issued a legal notice by PhonePe. The Madras High Court has temporarily restrained defendant from using its mark 'DIGIPE' following a trademark infringement…
Facts of the case:
The Petitioner in this case filed two writ petitions challenging the order of the Respondent (herein referred to as Patent Office) dated 03.05.2016 in respect two of the Petitioner’s applications bearing numbers 8846/CHENP/2011 & 8907/CHENP/2011. The patent applications were filed before the Indian patent office on 29.11.2011 and 30.11.2011 respectively as PCT national phase entries.
The petitioner engaged the services of a New York based firm called Greenberg Traurig for filing and prosecution of the national phase…
This running post provides a summary of the latest Copyright cases decided by courts in India in 2022:
Samir Kasal v. Prashant Mehta & Ors.
The Plaintiff conceptualized a cricket league format titled ‘Legends Premier League’ wherein famous retired cricket players would play a Test format of cricket. The details about the same were provided to Defendant No. 2 in a strictly confidential manner. However, the Defendants decided to organize ‘Legends League Cricket’ without the Plaintiff’s consent which led him to…
Novex Communications v. DXC Technologies & Anr.
Decided by: Madras High Court
Decided on: 08.12.2021
Facts of the Case
The Plaintiff was involved in a business of protecting the copyright for sound recordings – in the capacity of an assignee, or an agent of the copyright holders. In order to do so, the Plaintiff had entered into various agreements with the holders of the copyrights, and had obtained several rights related to the sound recordings – in particular, the rights for the…
Walmart Apollo Llc vs Aayush Jain & Anr
In this case, the Plaintiff owns a registered trademark for WALMART / WAL-MART. The Defendant applied for WMART and allegedly used since April, 2019. The Plaintiff filed an infringement suit against the Defendant, who was using 'WMart' and www.wmartretail.com. The Plaintiff prayed for an injunction during the pendency of the suit, which the Court granted until the next date of hearing.
Citation: Walmart Apollo Llc vs Aayush Jain & Anr, Decided by Delhi…
Pidilite Industries Limited v. Platinum Waltech Limited
The Plaintiff filed this suit against the Defendant seeking relief in trade mark, copyright and designs combined with causes of action in passing off in each. The Plaintiff was a well-known manufacturer of products relating to the construction and paint industry and had a worldwide presence since 1969. The Plaintiff had several trademarks related to its products which included the DR FIXIT mark with a distinctive device of a man wearing a yellow…
This is a rundown of last week's news updates on eCommerce & Licensing:
Rummy & Poker now declared as games of skill.
In a huge win for gaming companies offering online card games, the Madras High Court stated that Rummy and Poker are games of skills. Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy presided over the case of Junglee Games India Pvt. Limited and Rahul Nandkumar Bharadwaj Vs. The State of Tamil Nadu and Ors. (W.P. No. 18022 of 2020)…
Sun Pharmaceutical Industries Limited vs Cipla Limited
In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…