Case Reviews | Intellepedia

Blackberry’s Patent Refusal Set Aside by Delhi High Court

City skyline at night with glowing Wi-Fi symbols and connection lines, representing wireless communication and smart city connectivity

The Delhi High Court has set aside the Indian Patent Office’s refusal of Blackberry’s communication patent application. Citing a lack of reasoning and violation of natural justice principles, the Court directed a fresh evaluation of the amendments and remaining objections under the Patents Act.

Compulsory Music License for Events: Delhi HC Rules Against PPL’s Licensing Practices

Image shows corporate event in a banquet hall, where people are dressed in business attire, having drinks and enjoying music.

In a case between Al Hamd Tradenation and PPL, the Delhi High Court ruled that Al Hamd is entitled to a compulsory license because PPL refused to grant a license for a small event at a reasonable fee. The Court stated that Section 31(1)(a) applies to all works, including sound recordings. It observed that demanding an unreasonably high fee constitutes a refusal to license. The Court will now decide the appropriate royalty and licensing conditions.

Captain Morgan Prevails Over Captain Blue in Trade Mark Dispute

Two sailing ships at sea with oversized bottles (blue and amber) on their decks; text reads "Who’s the Real Captain?" with a pirate hat graphic.

The Delhi High Court has ruled in favour of Diageo’s “Captain Morgan” trademark, rejecting the registration of “Captain Blue” due to deceptive similarity and absence of bona fide use. The decision reinforces the importance of prior use and consumer recognition in trademark law.

Trademark Opposition Fails Without Territorial Use Evidence

Illustration with a curious face and large question mark, asking “Can you lose a trademark without using it everywhere?” on a blue-green gradient background.

The Madras High Court dismissed an appeal by Raghuvar (India) Limited against the registration of the ‘JAI HANUMAN’ trademark, underscoring the importance of territorial use evidence in opposition cases. Despite claiming prior use, the appellant failed to show usage in South India, leading to the Court affirming the Registry’s decision.

Supreme Court Upholds Free Speech in Wikimedia Case, Sets Aside Takedown Order

In a clear endorsement of constitutional protections in the digital realm, the Supreme Court set aside a Delhi High Court directive requiring removal of Wikipedia content related to a defamation suit. The Court held that such pre-emptive takedown orders, absent a compelling constitutional basis, violate the freedoms guaranteed under Articles 19 and 21, and cannot be sustained within India’s legal framework.

Decades of Himalaya’s Goodwill Shield PILEX Trademark from Deceptive Use

Text says “PILEX” by Himalaya Stands Tall Against Imitators, with mountains in the background and a hand holding a pill on the right.

The Calcutta High Court’s Intellectual Property Rights Division upheld Himalaya’s trademark “PILEX”, citing decades of goodwill and market presence. With the defendants ceasing use and offering an unconditional undertaking, the Court ordered relief and reinforced the legal significance of brand protection in pharmaceuticals.

What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation

A cigarette crossed out with a red prohibition sign, flanked by comic-style text bubbles reading "WHAT?" on the left and "WHY!" on the right, against a blue background

The Calcutta High Court has criticised the arbitrary rejection of a tobacco syrup patent by the Indian patent office, urging objective analysis over personal bias. It held that Section 3(b) must not be misused to deny legitimate inventions without proper legal scrutiny and evidence.

Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High Court

3D molecular structure with colored spheres representing atoms (carbon, hydrogen, oxygen, nitrogen) on the left, accompanied by bold black text on a light beige background that reads: 'Failure to Consider Post-Filing Data Violates Natural Justice'

The Calcutta High Court has reiterated that failure to consider post-filing data in patent applications breaches natural justice. In the Takeda case, it found the refusal of a patent for Brigatinib unjustified due to the Controller’s oversight of vital evidence and remanded the matter for reevaluation.

Wipro Secures Court Victory Against Trademark Infringement

Illustration with headline "Wipro Prevails in Court Against Fraudulent Use of Its Trademark" in blue capital letters. On the right, a stylized graphic shows a person climbing a bar chart with an upward trend line, reaching for a trophy with a star.

Wipro achieved a legal victory in Bangalore District Court against trademark infringement. The Court granted a permanent injunction to protect Wipro’s brand from fraudulent online schemes.

Patent Rejection for Vehicle Monitoring System reversed by Court

Illustration of a delivery rider on a red scooter emerging from a mobile phone screen with a GPS map, spotlighting the text 'TVS Patent finds its way in Court!' alongside a gavel icon, symbolizing legal proceedings.

The Madras High Court allowed the appeal filed by TVS Motor Company against the rejection of its patent application pertaining to a Vehicle Monitoring System. The Court observed that the Controller had not adequately examined the validity of the cited prior art and had failed to provide a reasoned analysis with respect to the inventive step. Consequently, the matter was remanded to a different Controller for fresh consideration.