The Madras High Court upheld the Patent Office’s refusal of IIT Madras’s patent application for a method of doping potassium into ammonium perchlorate. The judgment clarifies the application of Section 3d and inventive step requirements in Indian patent law.
Read more about A doped order on method of doping, court clarifiesCategory: Case Reviews
Jumbo Tramples Haathi Trademark Registration
The Calcutta High Court set aside the Registrar’s decision in a trademark dispute involving similar elephant marks for tea products. The court held that the respondent’s mark was deceptively similar to Girnar’s well-known “JUMBO” mark and allowed Girnar’s appeal.
Read more about Jumbo Tramples Haathi Trademark RegistrationGreen Cross Crosses court’s bridge to win appeal
The Madras High Court set aside the patent refusal order against Green Cross, highlighting errors in the assessment of inventive step and technical disclosure. The case has been remanded for fresh examination within four months, with directions to provide a hearing to Green Cross.
Read more about Green Cross Crosses court’s bridge to win appealEvaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion
The Gujarat High Court clarified that trademark infringement requires a holistic comparison of marks and their respective goods or services. The court found no likelihood of confusion between Unisn and Unison, highlighting the need to consider all circumstances and the anti-dissection rule in such cases.
Read more about Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of ConfusionFull and Transparent Disclosure of Material Facts for Ex-parte Injunctions
The Bombay High Court vacated an ex-parte injunction in a trademark dispute due to Atyati’s suppression of material facts regarding Cognizant’s prior logo use. This decision reiterates the necessity for full and transparent disclosure in ex-parte proceedings.
Read more about Full and Transparent Disclosure of Material Facts for Ex-parte InjunctionsClarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ
The Calcutta High Court has clarified the standards for product-by-process patent claims in India, focusing on the necessity of expert evidence in infringement cases. The decision in West Bengal Chemicals v. GTZ provides important guidance for pharmaceutical patent litigation.
Read more about Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZKnowledge Transfer by Former Employee Cannot Be Enforced, Rules the Delhi High Court
The Delhi High Court has clarified that a former employee cannot be compelled to transfer knowledge by mandatory injunction, as such enforcement equates to personal service contracts, which are not specifically enforceable under Indian law. The court relied on established precedents and the Specific Relief Act to reach this conclusion.
Read more about Knowledge Transfer by Former Employee Cannot Be Enforced, Rules the Delhi High CourtNovartis says No to Novarish
The Bombay High Court granted Novartis an injunction against Novarish Healthcare for trademark infringement and passing off. The court found the marks deceptively similar and protected Novartis’s established rights under Indian IP law.
Read more about Novartis says No to NovarishDid 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.
Read more about Did Emerge Classes’ mark fail the ‘passing off’ test?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.
Read more about Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress