Patent refusals: The need for clarity and details beyond mere objections.
The Delhi High Court has stressed the necessity for detailed reasoning in patent refusal decisions. In this case, the absence of specific analysis and clarity in rejecting a…
Case Reviews
625 articles
Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”
The Delhi High Court ruled that selling ghee under the mark NOVYA constitutes passing off and infringement of the registered NOVA trademark. The Court’s decision imposed a permanent…
Delhi High Court issues injunction against Software Piracy
The Delhi High Court granted an interim injunction restraining unauthorised use of Bentley Systems' software, addressing copyright infringement claims. The order underscores the protection of international software copyrights…
Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous
The Delhi High Court has reiterated that objections on insufficiency of disclosure in patent applications must be clear and precise. Procedural lapses by the Indian patent office can…
Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments
The Delhi and Madras High Courts recently set aside patent refusal orders, addressing inordinate delays and the scope of permissible claim amendments. These judgments clarify key patent law…
PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.
The Madras High Court has overturned the refusal of Microsoft’s patent application, clarifying the correct approach to assessing inventive step and the PSITA standard under Indian law. The…
Injunction against use of Kalyan and Kalyan Jewellers Trademarks
The Madras High Court granted an injunction against the use of Kalyan and Kalyan Jewellers trademarks, addressing a domain name dispute involving kalyanjewellers.com. The judgment reinforces protection for…
Court orders Meesho to display Seller Information and comply with Ecommerce Rules
The Delhi High Court has ordered Meesho to display full seller information and comply with ecommerce regulations following a copyright dispute. This decision highlights the responsibility of e-commerce…
Trademark refusal without notice and ‘40’ suffix similarity
Two recent Delhi High Court rulings clarify the consequences of unserved opposition notices and the assessment of trademark similarity based on numeric suffixes. The post analyses both decisions…
Trademark removal only after notice, and Fly Hi/Timespro Injunctions
This post discusses key Indian trademark cases on removal and injunctions, with courts emphasising notice requirements for removal and granting injunctions against Fly Hi and Timespro infringers. The…