Use of Music in Salons and Ads
Recent court decisions have strengthened music copyright enforcement against salons and advertisers in India. Businesses are advised to secure licences or use public domain music to comply with…
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Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark
The Madras High Court set aside the refusal of United Foods’ word mark YOYO, allowing amendment to a label mark under Section 91. The matter was remanded for…
Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement
This post provides an analytical overview of recent Delhi High Court decisions on trademark and trade dress enforcement. Notable cases include disputes involving Patanjali, Kinley, and Head Racer,…
Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?
The Madras High Court held that a system for selectively concealing physical addresses in e-commerce is not a business method under Section 3k. The decision clarifies the distinction…
Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside
The Madras High Court has overturned the Controller of Patents' refusal of a soluble foaming composition patent, highlighting procedural lapses in considering applicant submissions. The matter will now…
Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.
The Madras High Court clarified the distinction between assignment and declaration dates for proof of right under Section 7(2) of the Patents Act. This ruling guides applicants and…
Review and Reversal of Patent Refusal Orders by the Madras High Court
The Madras High Court has set aside several patent refusal orders, highlighting the need for proper reasoning and adherence to legal procedures. These judgments clarify essential aspects of…
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.
The Madras High Court ruled that the Chand-A trademark for lungis is not infringing due to honest and concurrent use. The decision clarifies key principles for establishing such…
Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court
The Delhi High Court has restrained the use of 'Java' in domain and company names, citing trademark infringement of Oracle's rights. The court clarified the scope of permissible…
Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court
The Madras High Court has set aside a patent refusal for an image construction apparatus, citing insufficient reasoning under Section 3(k) and inventive step. The Court remanded the…
Another dynamic plus order to curb online piracy from the Delhi High Court
The Delhi High Court has granted a dynamic plus injunction to Universal Studios against rogue websites facilitating online piracy. The order extends protections to future infringing sites and…
Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.
The Delhi High Court is reconsidering the proper jurisdiction for filing trademark rectification petitions. The question has been referred to a larger Bench for a definitive decision, with…