Gaurav Mishra | Intellepedia

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 damages and costs, emphasizing that the defendant’s actions were deliberate and aimed at leveraging New Balance’s reputation.

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 precise claim drafting and careful interpretation in patent litigation.

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 under Indian patent law and upholds procedural fairness.

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 force, reinforcing the enforceability of Novartis’s patent rights.

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 use. This judgment highlights the legal standards for trademark protection and passing off under Indian law.

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 under Indian law.

Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art

The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination.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 with procedural safeguards in Indian patent proceedings.

“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. This case highlights critical aspects of trademark and trade dress protection in India.

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 Patent Office, underlining the importance of clear reasoning in patent refusals involving essentially biological processes.

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 and awarded costs to the defendant after finding the plaintiff unable to prove its allegations.