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.

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Polo rides to the finish line in trademark infringement dispute

The Delhi District Court decided in favour of Polo in a trademark infringement and passing off dispute against Landmark Traders and Mystic Emin Private Ltd. The judgment clarifies key legal standards for assessing similarity and confusion in Indian trademark law.

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Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

The Madras High Court set aside the registration of the Garuda mark, citing a likelihood of confusion with SIECO’s prior Eagle trademark. The court found that the marks’ similarities could mislead consumers and rejected the defence of acquiescence.

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Brokering peace? “Nobroker” says NO to “NotBroker”

This post analyses a recent Indian court decision where Nobroker secured a permanent injunction against Notbroker for trademark infringement and passing off. The judgment highlights key legal principles governing brand protection and domain name disputes within the real estate sector.

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Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

The Calcutta High Court permanently restrained Micky Metals from using Lux TMT, finding it constituted passing off against the well-known Lux trademark. The judgment reinforces the legal protection of established trademarks in India.

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Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

The Madras High Court affirmed the validity of Malladi Drugs’ patent for chiral beta-amino alcohols, highlighting the invention’s novelty and inventive step. The judgment clarifies key principles on patent revocation and the definition of a “person interested” under Indian patent law.

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Court directs cancellation of “STAR” Trademark for lack of honest and concurrent use

The Madras High Court cancelled the STAR trademark held by S Star Trading Co., recognising the Petitioner’s prior use and distinctiveness. The Court found the Respondent’s adoption of the mark dishonest and likely to cause confusion, directing cancellation for lack of honest and concurrent use.

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Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

L’Oreal secured a permanent injunction from the Delhi Commercial Court against the import of counterfeit cosmetics bearing its trademarks. The decision underscores the role of strong intellectual property enforcement in protecting global brands and market integrity in India.

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Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art

The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination. The case highlights the necessity for strict compliance with procedural safeguards in Indian patent proceedings.

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