Case Reviews | Intellepedia

Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

The Delhi High Court’s decision highlights the requirement for an objective inventive step assessment anchored in the knowledge of a person skilled in the art at the priority date. The ruling emphasises the need for detailed analysis and avoidance of hindsight in patent examinations.

Pidilite Contains Astral from infringing its Container Design

The Bombay High Court has restrained Astral from infringing Pidilite’s registered container design, finding substantial similarity and upholding the design’s novelty and distinctiveness. The judgment clarifies key aspects of visual appeal and prior publication in Indian design law.

Court halts release of film exploiting Karan Johar’s celebrity status

The Bombay High Court halted the release of a film using Karan Johar’s name, citing unauthorised exploitation of his celebrity status. The court recognised his personality rights and restrained the defendants from using his name or attributes in the film.

Crocs croaks out its clone! Court Cancels ‘Crocksclub’ trademark

The Delhi High Court has ordered the removal of the CROCKSCLUB trademark after finding it deceptively similar to the registered CROCS mark. The judgment highlights the need for distinctiveness and ongoing use in Indian trademark law.

Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

The Calcutta High Court examined Emami’s claims against Unilever over the use of “Handsome” in skincare branding. While trademark infringement was not established, the Court found grounds for passing off and ordered Unilever to cease using the contested mark.

Let’s see who gets the ‘Zee’! Prem Biyani vs Zee Entertainment

The Madras High Court remanded a trademark dispute involving Prem Biyani and Zee Entertainment, focusing on class distinctions and the status of well-known marks. The judgment highlights the need for careful, statutory evaluation of trademark applications across different classes.

Warner Bros. dries up the Doodstream.com!

The Delhi High Court restrained Doodstream.com after Warner Bros. alleged large-scale copyright infringement and non-compliance with Indian legal requirements. The Court held DMCA defences inapplicable and emphasised adherence to the Information Technology Act and intermediary rules.

Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

The Himachal Pradesh High Court has granted Boehringer Ingelheim an interim injunction against Eris Lifesciences, preventing the manufacture and sale of Empagliflozin during the suit. The case provides insights into the judicial approach towards pharmaceutical patent disputes in India.

Patent examination should not kill the scientific temper of an inventor

The Madras High Court set aside the rejection of Industeel France’s patent application, stressing the need for fair and consistent patent examination. The judgment highlights the importance of protecting inventors’ scientific temper and ensuring time-bound decisions under Indian patent law.

New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act

This post examines a Madras High Court ruling on Section 59 of the Patents Act regarding patent claim amendments. The Court clarified procedural requirements and applicant rights during the patent examination process in India.