Section 3(k) principles – Ericsson vs. Lava – Part 2
This post analyses the Delhi High Court’s interpretation of Section 3(k) in Ericsson vs Lava, focusing on the patentability of algorithms and computer programs in India. It clarifies…
Case Reviews
648 articles
A.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?
The Delhi High Court addressed trademark infringement claims over the use of ‘Smith’ for identical water purification products. The decision highlights the assessment of dominant trademark elements and…
Standard Essential Patents (SEPs) and Royalty Rates (Ericsson vs. Lava) – Part 1
The Delhi High Court’s judgment in Ericsson vs. Lava clarifies major legal standards for standard essential patents, FRAND royalties, and infringement in India. This case note examines the…
Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User
The Delhi High Court has ruled that the FIELDMARSHAL trademark belongs to PM Diesel, recognising its prior, continuous, and legitimate use. Thukral’s claims were dismissed, and reliefs including…
Delhi High Court reverses Patent refusal, Highlights significance of procedural adherence in handling claims of PCT National phase applications.
The Delhi High Court overturned a patent refusal for a PCT national phase application, stressing the importance of procedural adherence in claim examination. The Court directed a fresh…
No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.
The Delhi High Court dismissed an interim injunction plea, holding that the use of the common surname JINDAL cannot be monopolised under trademark law. The court found no…
All elements rule versus Doctrine of equivalents, a recent decision by Delhi High Court
The Delhi High Court recently addressed the interplay between the all elements rule and the doctrine of equivalents in a patent dispute over brick-making machines. The Court granted…
Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits
The Delhi High Court has restrained the use of the TOWER trademark on dry fruits, finding a risk of consumer confusion and breach of a prior undertaking. The…
The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.
The Delhi High Court remitted the ‘Bharat’ trademark application to the Examiner for reconsideration, focusing on unresolved Section 11(1) objections. The Court clarified that the application must be…
Rejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High Court
The Delhi High Court set aside a patent refusal, holding that applications must be assessed with thorough reasoning under Section 2(1)(ja) of the Patents Act. The judgment stresses…