In a recent decision, the Supreme Court in Cryogas Equipment Private Limited v. Inox India Limited affirmed the Gujarat High Court’s decision rejecting an application...
Read more about Copyright Vs Design Protection: Supreme Court’s Purely Artistic and Functional Utility TestsAuthor: 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.
Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals
The Madras High Court affirmed the validity of Malladi Drugs’ patent for chiral beta-amino alcohols, highlighting the invention’s novelty and inventive step. The judgment clarifies key principles on patent revocation and the definition of a “person interested” under Indian patent law.
Read more about Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals“TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages
The Delhi High Court issued a permanent injunction in favour of Tata Sons against trademark and trade dress infringement involving TATA COPPER+ WATER. The defendant, a first-time infringer, was ordered to pay nominal costs and destroy infringing goods as per the court’s structured approach.
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 against an injunction favouring Himalaya’s prior use of the EVECARE trademark. The court held that prior user rights and likelihood of confusion prevailed over trademark class differences in this passing off case.
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 has ruled that only officers with quasi judicial authority may issue binding trademark orders under the Trade Marks Act. Orders passed by unauthorized officials were declared void, setting a significant precedent for the administration of trademark opposition proceedings in India.
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 set aside the Registrar’s decision in a trademark dispute involving similar elephant marks for tea products. The court held that the respondent’s mark was deceptively similar to Girnar’s well-known “JUMBO” mark and allowed Girnar’s appeal.
Read more about Jumbo Tramples Haathi Trademark RegistrationEvaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion
The Gujarat High Court clarified that trademark infringement requires a holistic comparison of marks and their respective goods or services. The court found no likelihood of confusion between Unisn and Unison, highlighting the need to consider all circumstances and the anti-dissection rule in such cases.
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 a significant interim injunction in the ITW pre-conditioned air patent dispute, focusing on inventive step and claim construction under Indian law. While ITW secured a ban on future infringing acts, Dabico’s existing airport deployments were allowed to proceed.
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 seeking patent protection for a cow dung lamp, finding it ineligible due to reliance on traditional knowledge and lack of inventive step. The judgment offers clarity on the application of Section 3(p) and inventive step analysis under Indian patent law.
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 set aside the refusal of an opposed piston engine patent, citing insufficient analysis of inventive features. The case underscores the need for detailed examination of claim amendments and inventive step in Indian patent proceedings.
Read more about Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal