The Madras High Court dismissed Embio Ltd.’s petition challenging the validity of Malladi Drugs’ patent for a method of preparing chiral beta-amino alcohols. The court upheld the patent’s novelty, inventive step, and validity, citing superior yields and optical purity.
Read more about Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & PharmaceuticalsAuthor: Dr. Kalyan Kankanala
Dr. Kalyan Kankanala is a practicing intellectual property (IP) attorney and author. He is a senior partner at BananaIP Counsels, a well-known IP firm based in Bangalore, India. His writings cover a range of topics relating to IP law, business, and policy, and he has authored several books and articles in the field. He has been contributing to this blog since 2007.
The views expressed here are his own and do not represent those of BananaIP Counsels or its members.
“TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages
The Delhi High Court issued a permanent injunction in favor of Tata Sons, preventing the use of trademarks and trade dress similar to “TATA COPPER+ WATER.” The defendant ceased infringement and nominal damages of ₹1,00,000 were awarded, acknowledging the defendant’s cooperation and first-time offense.
Read more about “TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal DamagesEvecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation
The Delhi High Court dismissed Wipro’s appeal, upholding an interim injunction favoring Himalaya Wellness in the ‘Evecare’ trademark dispute. The court found that Wipro’s use of the identical mark for its female hygiene product created a likelihood of confusion with Himalaya’s Ayurvedic uterine tonic, which had been in use since 1997. The decision emphasized the precedence of prior use over trademark registration in cases of passing off.
Read more about Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class DifferentiationOnly Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court
The Calcutta High Court ruled in favor of Visa International Ltd., quashing orders issued by Associate Managers who lacked the legal authority under the Trade Marks Act, 1999. The court emphasized the necessity of proper authorization for quasi-judicial functions within the Trademark Registry.
Read more about Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High CourtJumbo Tramples Haathi Trademark Registration
The Calcutta High Court ruled in favor of Girnar Food & Beverages Pvt. Ltd., overturning the Registrar’s decision and quashing the registration of a deceptively similar ‘HAATHI’ mark by Bicrampore Tea Estate. This ruling underscores the significance of consumer perception and the potential for deception in trademark disputes.
Read more about Jumbo Tramples Haathi Trademark RegistrationEvaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion
The Gujarat High Court’s decision in the Unisn vs. Unison case provides critical insights into evaluating trademark infringement. The court emphasized a holistic view of trademarks, considering the distinctiveness of goods and services, thereby ruling out the likelihood of confusion. This case reinforces the importance of product differentiation in trademark disputes.
Read more about Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of ConfusionCool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue
The Delhi High Court issued an interim injunction in favor of ITW GSE APS, restraining Dabico Airport Solutions from infringing on ITW’s pre-conditioned air patent during the pending suit. ITW’s PCA units, featuring advanced VFDs controlled by a central controller, are recognized globally. Dabico’s challenges were dismissed, leading to the injunction and a mandated turnover disclosure.
Read more about Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continueCow dung lamp from Traditional Knowledge fails to light up patentability standards
The Madras High Court dismissed an appeal challenging the rejection of a patent for an eco-friendly lamp made from panchagavya and traditional herbal leaves. The court upheld the decision, citing traditional knowledge and lack of inventive step.
Read more about Cow dung lamp from Traditional Knowledge fails to light up patentability standardsCourt Cranks the Clock Back on Opposed Crankshaft Patent Refusal
The Madras High Court remanded Pinnacle Engines Inc.’s patent application for their opposed piston engine, addressing inventive features overlooked by the Assistant Controller of Patents. The court emphasized the significance of the crank offset and opposite crankshaft rotation in reducing friction and vibration, directing a reassessment by a different officer.
Read more about Court Cranks the Clock Back on Opposed Crankshaft Patent RefusalPatent on Portable Vehicle Management System goes offtrack
The Delhi High Court confirmed the refusal of Mahesh Gupta’s patent application for a Portable Vehicle Management System, citing the lack of an inventive step in light of prior arts D4 and D5. The decision underscores important principles of patentability, including mosaicing, hindsight bias, and the criteria for non-obviousness.
Read more about Patent on Portable Vehicle Management System goes offtrack