The Madras High Court has overturned the rejection of a patent on a carbon capture process, citing the Patent Office’s failure to adequately justify its decision and its reliance on new, unaddressed grounds. The Court remanded the case for a fresh hearing with a focus on technical and economic evaluations.
Read more about Patent on Carbon Capture Process freed from IPO refusalCategory: Case Study
Frivolous inventions and abstract theories – Delhi High Court refuses patent appeal
The Delhi High Court dismissed an appeal against the rejection of a patent application due to lack of novelty and a significant procedural delay of 701 days. The appellants, who had filed a patent application for black-colored wearables with claimed effects on human energy, failed to provide scientific evidence or technical merit. The court upheld the Indian Patent Office’s decision, emphasizing that abstract ideas are not patentable and reaffirming the importance of adhering to statutory deadlines for appeals.
Read more about Frivolous inventions and abstract theories – Delhi High Court refuses patent appealPatent Abandonment Overturned: Delhi HC Rules on FER Miscommunication
The Delhi High Court set aside the deemed abandonment of Waterotor’s Indian patent application, citing miscommunication regarding the First Examination Report (FER). The Court ruled that the lack of timely FER receipt justified reinstatement, directing the Patent Office to restore the application’s status to “pending” and allow a response within four weeks.
Read more about Patent Abandonment Overturned: Delhi HC Rules on FER MiscommunicationLatest Trademark Law Decisions in India: Key Rulings and Insights – 2023
Explore the latest 2023 updates in Indian trademark law. This post delves into recent court decisions, analyzing key rulings on trademark distinctiveness, registration, and infringement. Stay informed with insights and implications from pivotal cases shaping India’s trademark legal landscape.
Read more about Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023Bombay High Court Grants Dynamic Injunction in Copyright Infringement Suit against Instagram Account Holders
Introduction BananaIP is pleased to report on a recent copyright infringement case that has captured the attention of the entertainment industry. In a legal battle...
Read more about Bombay High Court Grants Dynamic Injunction in Copyright Infringement Suit against Instagram Account HoldersDelhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”
The Delhi High Court passed an order granting a permanent injunction and punitive costs of ₹ 2,00,000/- to the defendant for infringing and passing off the Plaintiff’s Trademark “SADDA PIND”.
Read more about Delhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”Monthly Roundup: Key IP Cases reported in March 2023
BananaIP Counsels has been following the recent developments in Trademarks, Patents, Copyrights, and Designs cases. This monthly roundup provides some insight into the developments made in these cases by various High Courts in India. The month of March saw an interesting mix of intellectual property decisions from courts in India. This post brings to you a list of important decisions relating to Trademarks, Copyrights, Patents, Consumer Protection and Accessibility Laws. We hope that this information helps our readers stay informed about Intellectual Property Rights and their enforcement in India.
Read more about Monthly Roundup: Key IP Cases reported in March 2023Delhi HC Orders Institute of Cost Accountants of India to Remove ICAI Acronym
In a significant ruling, the Delhi High Court has prohibited the Institute of Cost Accountants of India from using the trademarked acronym “ICAI” for any of its services or institutions. “ICAI” is owned by the Institute of Chartered Accountants of India. The Single Bench of the court also ordered the Institute of Cost Accountants of India to remove the ICAI acronym within three months from all extant physical and virtual representations, including websites.
Read more about Delhi HC Orders Institute of Cost Accountants of India to Remove ICAI AcronymYoutuber Held Liable for Unauthorized Use of Trademarks: Dabur India Limited v. Dhruv Rathee and Ors.
The petitioner, Dabur, who is the manufacturer of beverages under the name “Real”, is alleging that a Youtuber named Dhruv Rathee published a video tarnishing the petitioner’s brand reputation. The video also depicted an earlier advertisement aired, as well as a distorted image of the petitioner’s product Real, which infringes upon its trademark and copyright rights. The Calcutta High Court held that the acts of the respondent infringed upon the petitioner’s rights under section 29 (9) of the Trade Marks Act, 1999, and the Copyright Act, 1957, and the offending portions of the video were ordered to be removed.
Read more about Youtuber Held Liable for Unauthorized Use of Trademarks: Dabur India Limited v. Dhruv Rathee and Ors.TTK Prestige Prevails in Its Quest For the Use Of “Prestige”
The case involves a dispute over the infringement of TTK Prestige's trademark and passing off of their products by KK & Company Delhi Pvt Ltd....
Read more about TTK Prestige Prevails in Its Quest For the Use Of “Prestige”