Green 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…
Case Reviews
570 articles
Evaluating 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…
Full 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…
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…
Knowledge 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…
Novartis 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…
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 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…
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…
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…