In the case of Volkswagen AG v. The Registrar of Trade Marks and Anr., Volkswagen opposed Maruti Suzuki’s application for TRANSFORMOTION in Class 12 on the ground that it was too close to Volkswagen’s earlier mark 4MOTION. The court examined the marks in the setting in which they were used, noted that one was tied to a vehicle technology and the other to an advertising campaign, and concluded that the two marks did not create deceptive similarity.
Read more about Volkswagen vs Maruti Suzuki: When MOTION met TRANSFORMOTION, Similarity missed the bus!Category: Case Reviews
Images Copyright and AI Getty Vs. Stable Diffusion
In the case of Getty Images v Stability AI Ltd, Getty Images sued Stability AI, the developer of the Stable Diffusion generative AI model, alleging that the system had been trained on millions of copyrighted photographs from Getty Images’ websites. Getty Images argued that both the outputs generated by the AI system and the AI model itself infringed copyright. During the proceedings, Getty Images abandoned the claim relating to infringing outputs after the prompts used to generate those outputs were blocked. The High Court then examined whether the Stable Diffusion model itself could constitute an infringing copy and held that the model does not contain or store copies of Getty Images’ photographs and therefore cannot qualify as an infringing copy under UK copyright law.
Read more about Images Copyright and AI Getty Vs. Stable DiffusionMere Admixture or True Innovation? Crystal Crop’s Herbicidal Composition Fails the Synergy Test
The Delhi High Court has reaffirmed a simple patent lesson: mixing known compounds will not do unless the mix delivers something unexpectedly better. In Crystal Crop, the claimed herbicidal composition failed that test.
Read more about Mere Admixture or True Innovation? Crystal Crop’s Herbicidal Composition Fails the Synergy TestWhen Chatbots Sing Songs AI Outputs and Copyright Liability
In the case of GEMA v OpenAI entities operating ChatGPT, the collecting society GEMA sued the operators of a generative AI chatbot for reproducing protected song lyrics through chatbot outputs. The court examined chatbot responses generated after simple prompts asking for song lyrics and compared them with the original lyrics represented by GEMA. The court held that the operators are liable for copyright infringement arising from such outputs, ordered them to refrain from reproducing the lyrics through the chatbot, directed them to disclose the extent of the infringing acts and revenue earned from them, and held them liable to compensate damages.
Read more about When Chatbots Sing Songs AI Outputs and Copyright LiabilityAmendment of claims at Appellate Stage under section 59 of the Patents Act
In the case of Daikin Industries Ltd. v. Assistant Controller of Patents and Designs, the Indian Patent Office refused Daikin’s patent application relating to a shell and plate heat exchanger on the ground of lack of novelty over a prior art document. During the appeal before the High Court, Daikin sought permission to amend claim 1 by incorporating additional limitations already disclosed in the specification. The court examined whether such an amendment could be permitted at the appellate stage under Section 59 of the Patents Act.
Read more about Amendment of claims at Appellate Stage under section 59 of the Patents ActCan Anyone Own the “Forest”? Delhi High Court Applies Anti Dissection Rule in Forest Essentials case
The Delhi High Court recently refused to grant an interim injunction in the dispute between Forest Essentials and Baby Forest Ayurveda. The court held that “BABY FOREST” was not deceptively similar to “FOREST ESSENTIALS,” and that the word **“FOREST,” being a dictionary word, could not be monopolised without strong evidence of secondary meaning. Applying the anti dissection rule, the court concluded that the marks must be assessed as a whole and declined to interfere with the Single Judge’s refusal of interim relief.
Read more about Can Anyone Own the “Forest”? Delhi High Court Applies Anti Dissection Rule in Forest Essentials caseDead Company Dead Mark: Trademark cannot survive a Non Existent Owner or unrecorded trademark assignment
In the case of Tibbs Food Private Limited vs D Lite Frankies and Foods Private Limited, the petitioner sought removal of a trademark registered for “D Lite Frankies and Foods Private Limited.” During the proceedings it came to light that the registered proprietor company had already been struck off, and the trademark had allegedly been assigned to an individual years earlier. The court had to decide whether the registration could continue in the name of a non existent company and what effect the unrecorded assignment would have.
Read more about Dead Company Dead Mark: Trademark cannot survive a Non Existent Owner or unrecorded trademark assignmentFirst Owner of Copyright in Film Music: Delhi HC in Saregama v Ilaiyaraja
Section 17(b) and 17(c) of the Copyright Act, 1957 was applied by the Delhi High Court to treat the producer as the first owner of copyright in film works, absent an agreement to the contrary. Interim restraint was granted against unauthorised licensing of the works.
Read more about First Owner of Copyright in Film Music: Delhi HC in Saregama v IlaiyarajaMist in the Machine, Haze in the Reasoning: Court Reiterates Mandatory Five-Step Test for Inventive Step
In the case of Energeo Works India Private Limited v. Assistant Controller of Patents, the Patent Office refused a patent application relating to an air cooling system that used a mist of water to pre cool ambient air entering an air cooled chiller assembly. The refusal was based on lack of inventive step in view of two prior art documents and common general knowledge. The applicant challenged the refusal on the ground that the order was unreasoned and that the Controller had not applied the correct legal test for obviousness.
Read more about Mist in the Machine, Haze in the Reasoning: Court Reiterates Mandatory Five-Step Test for Inventive StepWhy Canva’s “Present and Record” Feature Is Still Restricted in India?
Why Canva’s “Present and Record” feature is still restricted in India and how the interim injunction in the RxPrism patent dispute continues to operate.
Read more about Why Canva’s “Present and Record” Feature Is Still Restricted in India?