Shoes, footwears and deceptive similarity in Trademark law
The Delhi High Court granted a permanent injunction in favor of New Balance Athletics, Inc., restraining Kiran Shoe Company from infringing its trademarks. The Court awarded ₹7,00,000 in…
Gaurav Mishra
231 articles
Gaurav Mishra is an intellectual property attorney, coffee entrepreneur, and passionate educator. As an Associate Partner at BananaIP Counsels, he specializes in patents, trademarks, copyrights, and designs, working with global tech and innovation-driven clients.
Court refuses interim injunction based on Patent Prosecution History
The Delhi High Court refused an interim injunction in a patent dispute over a fuel cap, citing ambiguous claims and prosecution history. The judgment highlights the need for…
Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case
The Madras High Court allowed France Telecom’s writ petition, setting aside the procedural rejection of its patent application examination request. The judgment clarifies the treatment of agent errors…
Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity
The Delhi High Court upheld the validity of Novartis’s Ceritinib patent against Natco’s challenge, addressing divisional application issues and allegations of suppression. The injunction against Natco remains in…
Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory
The Bengaluru Civil Court has permanently restrained former partners of Cothas Coffee from using the mark "COTHA" for coffee businesses, citing trademark infringement and lack of bona fide…
Monster Energy falls short of “Energy for the ‘Trademark’ Journey”
The Madras High Court rejected Monster Energy’s trademark application, finding "Energy for the Journey" was generic and lacked distinctiveness. The decision clarifies the legal threshold for trademark registrability…
Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art
The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination. The case highlights the necessity for strict compliance…
“Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!
The Delhi High Court granted an interim injunction in favour of Himalaya, finding AB Allcare’s use of Liv-40 and similar trade dress to be deceptively similar to Liv.52.…
Section 3(j), Essentially biological processes and human intervention
The Madras High Court considered whether human intervention in a plant breeding method excluded it from section 3(j) of the Patents Act. The case was remanded to the…
Century Ply’s claims of Trademark infringement do not fly, rules court
The Delhi Tis Hazari Court rejected Century Ply’s trademark infringement claims against Balaji Ply, citing lack of direct evidence and reliance on hearsay. The court dismissed the suit…