The Delhi High Court held that procedural lapses, such as failing to file an original affidavit on time, cannot justify abandonment of trademark opposition if there is clear intent to comply. The judgment underscores the primacy of substantive rights over minor technicalities in Indian trademark law.
Read more about Technical Delay Cannot Lead to Trademark Opposition AbandonmentCategory: Case Reviews
Pisco Grape Spirit GI Battle: Delhi High Court Rules in Peru vs Chile Case
In a case involving competing claims over the geographical indication (GI) “Pisco” for grape spirit, the Delhi High Court recently upheld Chile’s registration and dismissed Peru’s challenge.
Read more about Pisco Grape Spirit GI Battle: Delhi High Court Rules in Peru vs Chile CaseFake Volvos Got Legally Grilled: A Trademark Tale Gone Off Route
Volvo clamps down on fake buses mimicking the grille slash mark, reinforcing trademark law’s role in consumer protection and brand integrity.
Read more about Fake Volvos Got Legally Grilled: A Trademark Tale Gone Off RoutePatent Application for System to Locate Users on P2P Networks Refused under Section 3(k)
The Delhi High Court has upheld the refusal of a patent application for a system that locates users on peer-to-peer networks. The Court ruled that the invention was a computer program per se, excluded from patentability under Section 3(k) of the Patents Act.
Read more about Patent Application for System to Locate Users on P2P Networks Refused under Section 3(k)Trademark Registrations are Pan-India
The High Court reinstated an injunction in favour of Rainbow Hospitals, confirming that trademark registrations are pan-India in scope and shield brand owners from dishonest adopters, irrespective of geographical overlap.
Read more about Trademark Registrations are Pan-IndiaCoca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step Analysis
Delhi HC overturned Coca-Cola’s patent refusal, stressing the need for detailed inventive step analysis in patent decisions.
Read more about Coca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step AnalysisMadras High Court Orders Fresh Review of Shaperon’s Skin Disorder Patent Rejection
The Madras High Court has overturned the rejection of Shaperon Inc’s patent for skin disorder treatment compositions, citing inadequate assessment of prior arguments and international patent approvals. The case has been remanded for fresh consideration by a different officer, with a new decision expected within four months.
Read more about Madras High Court Orders Fresh Review of Shaperon’s Skin Disorder Patent RejectionZiegler-Natta Catalyst Patent Rejection Upheld for Lack of Inventive Step
The Delhi High Court upheld the refusal of Lummus Novolen’s patent for a Ziegler-Natta catalyst, citing lack of inventive step and similarity to prior art. Read the key observations and legal reasoning.
Read more about Ziegler-Natta Catalyst Patent Rejection Upheld for Lack of Inventive StepEmployee Free to Join New Firm Despite Employer’s Non-Compete Clause – Delhi High Court
In a recent case involving a dispute over a non-compete clause, the Delhi High Court ruled that an employer cannot restrain a former employee from joining a new company after the termination of employment. The Court vacated an interim injunction restraining the employee from working with a client of his previous employer.
Read more about Employee Free to Join New Firm Despite Employer’s Non-Compete Clause – Delhi High CourtShindengen’s Patent Application remanded for fresh consideration for lack of reasoned order
The Calcutta High Court remanded Shindengen Electric’s 2015 patent application after finding that the rejection order lacked proper reasoning. The decision emphasised the need for administrative transparency and importance of importance of judicial reasoning.
Read more about Shindengen’s Patent Application remanded for fresh consideration for lack of reasoned order