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Image accompanying blogpost on "PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft. "

PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

The Madras High Court has overturned a Patent Office decision that rejected Microsoft’s patent application for “Message Communication of Sensor and other Data.” The Court clarified that the “person skilled in the art” (PSITA) used to assess the inventive step is not omniscient and cannot be presumed to possess the inventive solution claimed in the patent. Continue Reading PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.
Case Reviews, Intellectual Property, Patents March 6, 2024 99Views 0Like

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Image accompanying blogpost on "Injunction against use of Kalyan and Kalyan Jewellers Trademarks"

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
Case Reviews, Intellectual Property, Trademarks March 5, 2024 113Views 0Like

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Image accompanying blogpost on "Court orders Meesho to display Seller Information and comply with Ecommerce Rules"

Court orders Meesho to display Seller Information and comply with Ecommerce Rules

The Delhi High Court recently ordered Meesho, a popular e-commerce platform, to display full seller information and comply with E-Commerce rules. This decision comes after a copyright infringement case filed by a clothing brand, Abhi Traders, against Meesho and several unknown sellers who were using Abhi Traders’ copyrighted designs and images without permission. The Court highlighted the importance of e-commerce platforms taking responsibility to prevent copyright infringement and ensuring transparency by displaying seller information. Continue Reading Court orders Meesho to…
Case Reviews, Copyrights, e-Commerce Law, Intellectual Property March 5, 2024 99Views 0Like

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Trademark removal only after notice, and Fly Hi/Timespro Injunctions

Trademark removal only after notice, and Fly Hi/Timespro Injunctions

Recent trademark cases include injunctions against ‘Fly Hi’ and ‘Timespro’ by the Delhi High Court, and a pivotal Bombay High Court decision on renewal notices for trademark removal. These cases highlight the courts’ proactive stance in protecting registered trademarks and ensuring proper procedural adherence for trademark renewal and removal, emphasizing the importance of timely legal action. Continue Reading Trademark removal only after notice, and Fly Hi/Timespro Injunctions
Case Reviews, Intellectual Property, Trademarks March 1, 2024 78Views 0Like

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Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court recently ruled that the “prosecution history estoppel” principle applies to trademark cases. This means that statements made during the trademark registration process about similarities with other trademarks can be used against the applicant in future infringement lawsuits. The Court also emphasized the importance of disclosing all relevant information, including prosecution history, in trademark lawsuits. Continue Reading Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.
Case Reviews, Intellectual Property, Trademarks February 29, 2024 113Views 0Like

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