Case Reviews | Intellepedia

‘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.

“Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!

The Delhi High Court granted an interim injunction in favour of Himalaya, finding AB Allcare’s use of Liv-40 and similar trade dress to be deceptively similar to Liv.52. This case highlights critical aspects of trademark and trade dress protection in India.

Blackberry blacks out in case relating to patentability of algorithmic processes

The Delhi High Court dismissed Blackberry’s appeal against refusal of its patent application, holding that algorithmic processes remain excluded from patent protection under Indian law. The decision clarifies the interpretation of Section 3k with respect to software and computer-related inventions.

Karnataka High Court breaks barriers on accessibility at Intellectual Property office in landmark ruling

The Karnataka High Court’s recent ruling mandates the Indian Intellectual Property Office to implement comprehensive accessibility measures for Persons with Disabilities. This judgment serves as a significant move towards equal professional opportunities and legal compliance in digital government services.

Court Bans infringers from infringing “RAY-BAN”

The Delhi Court restrained Iswar Opticals and others from using marks deceptively similar to Ray-Ban, upholding Luxottica’s trademark rights. The judgment underscores the legal framework protecting famous marks against counterfeiting and passing off in India.

Fake Headsets? Not on Samsung’s Watch: Court Issues Permanent Injunction

The Delhi District Court granted a permanent injunction to Samsung against sellers of counterfeit headsets for trademark infringement and passing off. The judgment underscores the legal remedies available for brand protection in India.

Court Directs Meta to Take Down Deepfake Videos of NSE CEO in Urgent Ruling

The Bombay High Court directed Meta and other intermediaries to promptly take down deepfake videos of the NSE CEO, citing obligations under IT Rules 2021. The court’s ruling highlights intermediary liability and the need to protect investors from misleading content.

Section 3(j), Essentially biological processes and human intervention

The Madras High Court considered whether human intervention in a plant breeding method excluded it from section 3(j) of the Patents Act. The case was remanded to the Patent Office, underlining the importance of clear reasoning in patent refusals involving essentially biological processes.