Case Reviews | Intellepedia

VANS obtains injunction against Trademark infringement under John Doe principles

The Delhi District Court granted VANS a permanent injunction against trademark infringement and counterfeiting by Mr. Gopal Goyal under the John Doe principles. The judgment emphasises the protection of trademark rights and the consequences of passing off in India.

“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

The Delhi High Court dismissed L’Oréal’s appeal against the CLARIWASH trademark, finding no deceptive similarity or grounds for cancellation. Procedural errors during examination were not considered sufficient for removal, and the respondent’s prior use was recognised.

Evecare 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.

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.