BananaIP Counsels is actively seeking a dedicated individual for the role of Digital Engagement and Website Management Specialist. Continue Reading Website/Social Media and Accessibility Job Opening at BananaIP
The Delhi High Court ruled in the case of A.O. Smith Corporation v. Star Smith Export Pvt. Ltd., dismissing the defendants’ plea in a trademark infringement dispute. The court upheld A.O. Smith’s claim, restraining the defendants from using marks ‘STAR SMITH’ and ‘BLUE DIAMOND,’ citing potential confusion and dishonest adoption. Continue Reading A.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?
In a comprehensive and extensive judgment, the Delhi High Court has recently adjudicated in favor of Ericsson in a patent infringement lawsuit concerning Standard Essential Patents (SEPs). The dispute was initiated by Ericsson against Lava over eight patents integral to the standards for 2G, Edge, and 3G technology implementations. Continue Reading Standard Essential Patents (SEPs) and Royalty Rates (Ericsson vs. Lava) – Part 1
In a landmark ruling, the Delhi High Court settled a decades-long dispute over the ownership of the ‘FIELDMARSHAL’ trademark. Confirming PM Diesel’s prior and legitimate usage since 1963, the court dismissed Thukral Mechanical Works’ claim based on a later acquisition. This judgment underscores the critical importance of prior user rights in trademark disputes. Continue Reading Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User
The Delhi High Court, in a recent decision dated February 23, 2024, in Mitsui Chemicals Inc. vs Controller of Patents, overturned the patent refusal order issued by the Controller in respect of patent application No. 3877/DELNP/200. This decision underscores the significance of procedural adherence, especially in handling of claims during the national phase entry of PCT applications.
Background/Facts
Mitsui Chemicals (the Appellant) filed a PCT national phase application titled "Plant Disease and Insect Damage Control Composition and Plant Disease and Insect…
The Delhi High Court while deciding an application for interim injunction, held that the defendants did not infringe the plaintiff’s registered trademarks or pass off its products as those of the Plaintiff.
The Plaintiff, instituted a civil suit, against Defendant 1, Suncity Sheets Pvt. Ltd. ("SSPL"), and Defendant 2, Rachna Nitin Jindal, wife of Nitin Kumar Jindal, Manager of SSPL, based on its rights over the word mark “JINDAL” registered in classes 6 and 17. The Plaintiff’s case was that the…
The Delhi High Court in a recent patent infringement dispute, held that ‘all-elements rule’ cannot be adopted to the exclusion of the ‘pith and marrow rule’.
Facts:
SNPC Machines (Plaintiff) sought a permanent injunction against Mr. Vishal Choudhary (Defendant) for manufacturing and selling brick-making machines which were similar to plaintiffs’ brick-making machines granted under patent nos. 353483, 359114, 374814, and 385845. Further, relief was also sought by the plaintiff for infringement of copyright in literature/ specification/ artistic features related to the…
The Delhi High Court allowed an interlocutory injunction against the Defendants to restrict their use of the mark “TOWER” to manufacture and sell dry fruits. This Court stated that a defendant cannot determine the ambit of what constitutes “Plaintiff’s goods of interest”. Continue Reading Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits
The Delhi High Court has sent a trademark application for the word “Bharat” with a device back to the examiner for re-evaluation. While a previous court order ruled the mark distinctive, it failed to address objections about potential genericness. This case highlights the importance of a thorough trademark examination process. Continue Reading The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.
The Delhi High Court, in the matter of Saint Gobain Abrasives Inc & Anr vs the Controller of Patents, accepted an appeal challenging the refusal order dated August 19, 2021, issued by the Assistant Controller in respect of patent application No. 2458/DELNP/2013.
Brief Facts
The patent application titled “Nonwoven Composite Abrasive Comprising Diamond Abrasive Particles” was filed before the Indian Patent Office on March 20, 2013. Pursuant to a request for examination by the appellant, a First Examination Report…