Case Study | Intellepedia

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.

Patent 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.

Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

This post analyses recent trademark law decisions in India, focusing on distinctiveness, registration, and infringement based on 2023 judicial rulings. The discussed cases offer valuable insights for legal professionals and intellectual property stakeholders.

Bombay High Court Grants Dynamic Injunction in Copyright Infringement Suit against Instagram Account Holders

The Bombay High Court has issued a dynamic injunction in a copyright infringement suit involving unauthorized sharing of Scam 1992 clips on Instagram. The court’s ruling marks a significant development for intellectual property enforcement in India.

Delhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”

The Delhi High Court has fined a Rajasthan restaurant 2 lakhs for infringing the “Sadda Pind” trademarks of a Punjab-based Cultural Living Museum. The court’s decision highlights the importance of enforcing intellectual property rights and sets a precedent for punitive action against trademark infringement in India.

Monthly Roundup: Key IP Cases reported in March 2023

This roundup discusses notable Indian IP cases from March 2023, covering trademark, patent, copyright, consumer, and accessibility law. The post provides objective analysis and key judicial findings on recent legal decisions relevant to IP stakeholders.

Delhi HC Orders Institute of Cost Accountants of India to Remove ICAI Acronym

The Delhi High Court has ruled that the Institute of Cost Accountants of India cannot use the ICAI acronym, recognising the trademark rights of the Institute of Chartered Accountants of India. This judgment clarifies the legal protections available for registered trademarks in the context of professional bodies.

Youtuber Held Liable for Unauthorized Use of Trademarks: Dabur India Limited v. Dhruv Rathee and Ors.

The Calcutta High Court’s ruling in Dabur India Limited v. Dhruv Rathee and Ors. addresses trademark and copyright infringement by a social media influencer. The decision clarifies the legal limits of criticism and the protection of brand rights under Indian law.

TTK Prestige Prevails in Its Quest For the Use Of “Prestige”

TTK Prestige succeeded in a trademark infringement case before the Delhi High Court, securing a permanent injunction against unauthorized use of the “Prestige” mark. The judgment highlights the necessity of continuous use and evidence in trademark disputes in India.

Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

The Delhi High Court has declared Hermès’ “H” a well-known trademark in India after considering strong evidence of reputation and global recognition. This follows a ruling in a trademark infringement case under the Trade Marks Act, 1999.