Intellepedia | Page 13 of 293

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

The Delhi High Court upheld the validity of Novartis’s Ceritinib patent against Natco’s challenge, addressing divisional application issues and allegations of suppression. The injunction against Natco remains in force, reinforcing the enforceability of Novartis’s patent rights.

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

The Bengaluru Civil Court has permanently restrained former partners of Cothas Coffee from using the mark “COTHA” for coffee businesses, citing trademark infringement and lack of bona fide use. This judgment highlights the legal standards for trademark protection and passing off under Indian law.

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court granted interim relief in a trademark dispute involving “FIGHTER” and “FITTER” for adhesive tapes, finding deceptive similarity. The decision highlights the court’s approach to trademark protection and irreparable harm in such cases.

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court rejected Monster Energy’s trademark application, finding “Energy for the Journey” was generic and lacked distinctiveness. The decision clarifies the legal threshold for trademark registrability under Indian law.

Delhi High Court Protects Hindware’s Trademark and Design Rights

The Delhi High Court has issued interim injunctions in favour of Hindware, restraining alleged trademark and design infringement by B.S. Tiles & Ors. The case highlights the court’s approach to safeguarding intellectual property in the sanitaryware sector.

Trademark Win: Swatch Group’s careful watch leads to Permanent Injunction

The Patiala House Courts granted a permanent injunction to Swatch Group against traders using its trademarks on counterfeit watches. The decision highlights the enforcement of trademark rights and the legal remedies available for brand owners in India.

ADIDAS kicks up a storm, wins 5 lakhs in Trademark infringement case

Adidas AG obtained a favorable judgment in a Delhi court trademark infringement case, resulting in a permanent injunction and damages. The defendant was found selling counterfeit products using Adidas’s registered marks, leading to a court-ordered destruction of such goods.

ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks

The Delhi High Court granted ITC an interim injunction restraining Arpita Agro from using the mark POWRNYM, finding it deceptively similar to ITC’s NIMYLE and JOR-POWR trademarks. This case highlights the importance of respecting trademark rights and contractual obligations in the Indian legal context.

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

The Madras High Court set aside a patent refusal under section 3d, citing lack of procedural fairness and insufficient reasoning. The Court directed reconsideration, underscoring the necessity of reasoned orders and respect for principles of natural justice in patent proceedings.

Indian Patent and Design Statistics 2024 (November 22nd to 29th)

This weekly report details Indian patent and design statistics from November 22nd to 29th, 2024, highlighting trends in publications, grants, and registrations. Compiled by BananaIP, the analysis offers an objective view of official IP data for legal and industry professionals.