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 a significant interim injunction in the ITW pre-conditioned air patent dispute, focusing on inventive step and claim construction under Indian law. While ITW secured a ban on future infringing acts, Dabico’s existing airport deployments were allowed to proceed.

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

The Delhi High Court has blocked fraudulent websites infringing on the Ginger Hotel brand and ordered banks to freeze associated accounts. This protects IHCL’s trademark rights and safeguards consumer interests pending further hearings.

Cow dung lamp from Traditional Knowledge fails to light up patentability standards

The Madras High Court dismissed an appeal seeking patent protection for a cow dung lamp, finding it ineligible due to reliance on traditional knowledge and lack of inventive step. The judgment offers clarity on the application of Section 3(p) and inventive step analysis under Indian patent law.

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

The Delhi High Court granted a permanent injunction to Heifer Project International over unauthorized use of its trademarks by Heifer Project India Trust. The Court’s decision highlights the significance of valid trademark registration and enforcement in India’s non-profit sector.

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

The Madras High Court set aside the refusal of Hygieia’s patent application, stressing the importance of considering amended claims with the original specification. The case provides key guidance on section 59 and claim amendments under Indian patent law.

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

The Madras High Court set aside a patent refusal for a gene technology application, criticising the Controller’s excessive focus on semantics over scientific content. The judgment directs the patent office to reconsider the application with an emphasis on technological merit.