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 InjunctionsCategory: Case Reviews
Clarifying 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 dressTusk 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.
Read more about Tusk of War : Girnar’s Jumbo Overpowers North-Western’s HaathiMadras 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.
Read more about Madras HC on Phonetic Similarity: Little Einsteins vs. Little EinsteinzCool 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.
Read more about Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continueCourt 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.
Read more about Court Checks Out: ‘GINGER’ Hotel’s Fraudsters Blocked