Case Reviews | Intellepedia

Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High Court

The Bombay High Court has restrained the circulation of Ensure Diabetes Care’s advertisement for disparaging Horlicks Diabetes Plus. The ruling addresses the limits of comparative advertising and highlights key principles concerning disparagement and intellectual property rights in India.

Design infringing water purifiers taken down from Flipkart

The Delhi High Court has issued an interim injunction in favour of Kent RO Systems, restraining the sale of design infringing water purifiers on Flipkart. The order protects Kent’s registered design and addresses issues of passing off and market confusion.

Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

The Madras High Court ruled that methods for producing antibodies in genetically modified animals are patentable under Indian law and are not excluded by Section 3(i). This decision clarifies the scope of patent eligibility for biotechnological inventions involving animal models.

Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

The Delhi High Court has reaffirmed that claim amendments falling within the scope of the original patent specification are permissible under Indian law. The judgment provides clarity on Section 59(1) of the Patents Act and sets important precedent for future patent amendment cases.

Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

The Calcutta High Court protected the ‘LUX’ trademark in a passing off suit, granting a permanent injunction against the Defendant. This case underscores the significance of prior use and goodwill in trademark disputes.

Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

The Delhi High Court affirmed an interim injunction against Rasayanam for using packaging deceptively similar to Upakarma’s registered trademark for Shilajit. The Court reiterated that overall trade dress similarity can lead to consumer confusion, justifying continued restraint at the interim stage.

Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

The Delhi High Court has permanently restrained Bio Logic from using the AMUL trademark on pharmaceutical products, recognising deliberate infringement and consumer confusion. Kaira District Cooperative Milk Producers secured damages and an order for destruction of infringing goods.

‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

The Delhi High Court has cancelled the ‘PRIME’ trademark registration for salt due to Koteshwar Chemfood’s prior and continuous use. The court found non-use by the registrant for salt and ordered the rectification of the trademark registration.

When Saregama found a copyright infringement suit, not so e’Zee’

This analysis discusses the Saregama versus Zee copyright dispute focusing on groundless threats and the operation of Section 60 of the Copyright Act. The court’s decision highlights due diligence and procedural clarity in handling competing copyright claims.

Flipkart’s Latching On Feature and Trademark Passing Off

This case note discusses how the Delhi High Court addressed trademark passing off arising from Flipkart’s latching on feature. The court’s directions mandate brand gating to protect trademark owners from unauthorized sellers.