Case Reviews | Intellepedia

Did Emerge Classes’ mark fail the ‘passing off’ test?

The Jammu and Kashmir High Court upheld an injunction against Emerge Classes in a trademark passing off dispute, emphasising goodwill and deceptive similarity. The Court found that overall similarity between the marks was likely to cause confusion among students.

Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress

The Delhi High Court granted an injunction against Qpharm for using deceptively similar packaging and trade dress to Glaxo’s products. This case illustrates the enforcement of trade dress rights and legal remedies available for trademark infringement and passing off in the Indian pharmaceutical industry.

Tusk of War : Girnar’s Jumbo Overpowers North-Western’s Haathi

The Calcutta High Court quashed a Registrar’s order granting North-Western a trademark with an elephant device, favouring Girnar’s prior rights. The judgment clarifies the assessment of prominent features and evidence in trademark disputes within the tea industry.

Madras HC on Phonetic Similarity: Little Einsteins vs. Little Einsteinz

The Madras High Court examined the issue of phonetic similarity in a trademark dispute involving ‘LITTLE EINSTEINS’ and ‘LITTLE EINSTEINZ’. It held that the Respondent’s mark was deceptively similar, leading to rectification of the Trade Marks Register.

Cool 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.

Court Checks Out: ‘GINGER’ Hotel’s Fraudsters Blocked

The Delhi High Court has issued an ex parte ad interim injunction in favor of Indian Hotel Company Limited (IHCL), blocking fraudulent websites impersonating Ginger Hotels. The Court’s decision protects IHCL’s trademark and prevents ongoing financial fraud, safeguarding the company’s reputation and consumers’ trust.

Cow 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.

Heifer’s Bullish Trademark Strategy Prevails: Court Grants Permanent Injunction

The Delhi High Court granted a permanent injunction in favor of Heifer Project International against Heifer Project India Trust and Mr. Pran K Bhatt for trademark infringement. The ruling prevents the defendants from using the “Heifer” trademarks and mandates the destruction of all materials bearing the infringing marks. Nominal damages and costs were also awarded to the plaintiff.

Court balances Hygieia’s patent application after IPO disbalances it under section 59

The Madras High Court has set aside the refusal of Hygieia Inc.’s patent application, highlighting the need for proper consideration of amended claims. The court emphasized the importance of interpreting claims in conjunction with their specifications and has directed a re-examination of the application by a different controller within six months.

“Focus on technology, not semantics” says court in case involving gene technology

The Madras High Court ruled in favor of Toyota, overturning the patent office’s refusal to grant a patent for a gene increasing plant biomass and seed production. The court emphasized the importance of scientific aspects over language semantics and directed a review within six months.