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 infringement or passing off, as the impugned mark was sufficiently distinct.
Read more about No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.Category: Intellectual Property
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 interim relief, affirming a nuanced approach to patent claim analysis and infringement in Indian law.
Read more about All elements rule versus Doctrine of equivalents, a recent decision by Delhi High CourtDelhi 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 order clarifies trademark enforcement boundaries and highlights the importance of respecting agreed limitations in Indian IP disputes.
Read more about Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruitsThe 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 advertised, preserving the statutory right of third parties to object before registration.
Read more about The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.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 the need for detailed analysis of inventive step and legal compliance in patent rejections.
Read more about Rejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High CourtPatent refusal order set aside, matter remanded back for DeNovo consideration
The Delhi High Court set aside a patent refusal order under section 15 of the Patents Act, directing a de novo reconsideration. The case underscores the need for reasoned decisions in Indian patent law proceedings.
Read more about Patent refusal order set aside, matter remanded back for DeNovo considerationPatent (Amendment) Rules 2024 come into effect, significant changes introduced.
The Patent (Amendment) Rules 2024 bring notable procedural changes to the Indian patent system, including shorter timelines, new forms, and updated requirements. These amendments aim to simplify processes and enhance compliance for patent applicants and patentees.
Read more about Patent (Amendment) Rules 2024 come into effect, significant changes introduced.Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.
The Delhi High Court’s decision in Kudos Pharma v. Natco Pharma reviews crucial aspects of patent law, including credible challenge and the distinction between patent coverage and disclosure. The Court granted an interim injunction to Kudos Pharma, reinforcing core principles of Indian patent jurisprudence.
Read more about Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court
The Delhi High Court has held that ‘KONDRU’ and ‘LOBAN’ are generic terms and cannot be monopolised as trademarks. The judgment emphasises that such terms, being publici juris, are not eligible for exclusive trademark rights.
Read more about The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High CourtThe changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases
This post discusses recent High Court decisions on trademark infringement, stay of suit, and damages in India. It offers an objective analysis of key legal principles and practical implications for trademark litigation.
Read more about The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases