Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench

The Delhi High Court has raised an important question about the proper forum for filing trademark rectification petitions in India. The issue centres on whether jurisdiction should be limited to the High Court overseeing the relevant trademark office or extended to any High Court.

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Deadline for Public Comments on New Trade Mark Draft Rules 2024 Ends Today, February 9th, 2024

The Trade Mark Draft Rules 2024 introduce critical amendments to the existing regulatory framework, including new adjudication procedures and electronic communication standards. Public comments on these proposed changes close today, February 9th, 2024.

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Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

The Delhi High Court has issued an interim injunction against the use of the ‘Candlelight’ trademark for concerts, siding with Fever Labs in a passing off dispute. The ruling highlights the protection of unregistered but distinctive trademarks in India’s live entertainment sector.

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Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

The Delhi High Court has ruled that product by process patent claims are to be treated as product claims, not process claims, for both patentability and infringement analysis. This judgment clarifies the legal position and ensures consistent standards for evaluating pharmaceutical and other complex inventions in India.

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Use of Akshay Tanna’s persona and reputation on social media for investment scams taken down

The Delhi High Court has ordered the removal of social media accounts impersonating Akshay Tanna for investment scams. The Court granted an exparte injunction, restraining further misuse of his persona for fraudulent purposes.

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Indian Patent and Design Statistics 2024 (January 26th – February 2nd)

This weekly report analyses Indian patent and design statistics for 26th January to 2nd February 2024, detailing city-wise publications, grants, and design registrations. The data reflects emerging trends in intellectual property filings across major Indian cities.

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Court refuses injunction against Bhanushali’s “Main Atal Hoon”

The Bombay High Court declined to grant an interim injunction against Main Atal Hoon, finding that the film’s content was based on public domain events and thus not subject to copyright infringement. The decision also denied specific performance, citing the impracticality of court supervision in such matters.

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Sequoia Trademark on Social Media, Distributor’s Trademark Rights, and Rectification Petition after Suit

This post discusses recent Indian cases on trademark misuse across social media, distributor trademark rights, and procedural nuances of rectification petitions after infringement suits. The analysis highlights significant judicial observations and established legal principles.

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Copyrighted Music in Wedding functions: Court orders deposit for Sangeet and Cocktail Parties

The Delhi High Court ordered a deposit for playing copyrighted music during sangeet and cocktail parties, addressing legal exemptions under Indian copyright law. This post examines the Court’s reasoning and the implications for music use at wedding functions.

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