One Letter Short of Original: A SUPREME Trademark infringement
The Supreme Industries Limited took on a PVC pipe maker’s registered “SUPREMES GOLD” mark before the Bombay High Court, testing whether a single added letter could defeat a…
Intellectual Property
3,093 articles
Patent or Design? Court Sends Titan’s Jewellery Assembly Case Back to the Drawing Board
Titan Company Limited took its rejected “Jewellery Assembly” application to the Madras High Court, testing whether a cost-saving gemstone arrangement was patent or design subject matter. Did the…
AI, Trademarks and the Young Lawyer’s Chance to Start Up
In 2003/04, the author started an IP firm as a fresh law graduate with no experience, based on the belief that technology and business focused IP services could…
Where’s It From? Calcutta High Court Ties Biological Material Disclosure to Patent Survival
Fraunhofer's bioreactor patent application met rejection at the Calcutta High Court's IP Division, which weighed whether biological material disclosure of source and geographical origin is mandatory under the…
ITC’s Dakshin Restaurant Case: Too Much Trademark Spice, Too Little Copyright Proof
In the case of ITC Limited and Anr. v. Adyar Gate Hotels Limited, the dispute arose from a restaurant that carried the same name through a long hotel…
Use It or Lose It: Prior Use Trademark India Principles Seal FIELDMARSHAL Victory for PM Diesels
In a dispute stretching over four decades, the Delhi High Court ruled on the battle between PM Diesels Private Limited and Thukral Mechanical Works over the FIELDMARSHAL trademark…
Your Own Website as Your Worst Enemy: Novamax and the Design Registration Prior Publication Problem
The Delhi High Court has dismissed Novamax Industries LLP's suit for infringement of its cooler design registration, holding that the plaintiff's own invoices and website disclosed the design…
In Vitro, Out of Order: Delhi HC Remands Section 3(i) Diagnostic Methods Patent Refusal in FTIR Skin Cancer Case
The Delhi High Court sets aside the Controller’s blanket refusal of an FTIR spectral analysis patent for skin cancer tissue characterization, holding that the Controller misapplied the Section…
Shoot the Patent Attorney, Save the Patent: What Are Courts Overlooking?
Patent attorneys and agents carry knowledge, skill, and experience that the patent system depends on. They are not mere conduits for the filing of documents. They are professionals…
When Six Herbs Walked Into the Patent Office and Synergy Did Not Show Up
In the case of Shaafi Naturcure LLP v Assistant Controller of Patents and Designs, the applicant claimed that six known herbs, when combined in specific proportions, produced a…