BananaIP Counsels | Intellepedia

“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

The Delhi High Court dismissed L’Oréal’s appeal against the CLARIWASH trademark, finding no deceptive similarity or grounds for cancellation. Procedural errors during examination were not considered sufficient for removal, and the respondent’s prior use was recognised.

Century Ply’s claims of Trademark infringement do not fly, rules court

The Delhi Tis Hazari Court rejected Century Ply’s trademark infringement claims against Balaji Ply, citing lack of direct evidence and reliance on hearsay. The court dismissed the suit and awarded costs to the defendant after finding the plaintiff unable to prove its allegations.

Green Cross Crosses court’s bridge to win appeal

The Madras High Court set aside the patent refusal order against Green Cross, highlighting errors in the assessment of inventive step and technical disclosure. The case has been remanded for fresh examination within four months, with directions to provide a hearing to Green Cross.

‘Controller under an obligation to inform inventor’ says Madras High Court

The Madras High Court stressed that patent Controllers are obliged to provide detailed reasoning for refusals, enabling inventors to understand the grounds for rejection. The Court set aside two refusal orders and ordered fresh consideration, reinforcing the importance of transparency and due process in Indian patent law.

Crocs croaks out its clone! Court Cancels ‘Crocksclub’ trademark

The Delhi High Court has ordered the removal of the CROCKSCLUB trademark after finding it deceptively similar to the registered CROCS mark. The judgment highlights the need for distinctiveness and ongoing use in Indian trademark law.

Lost in the Inbox? Delhi High Court Saves Dabur’s Trademark Application

The Delhi High Court restored Dabur’s trademark application for Odonil Mystic Rose, citing procedural lapses by the Trade Marks Registry in serving the notice of opposition. The judgment reinforces the importance of fair opportunity and natural justice in trademark proceedings.

Lights out for “Everyday” Lighters : Injunction in favour of EVEREADY

The Delhi High Court has issued an interim injunction against KSC Industries, restraining them from using the EVERYDAY mark, which was found similar to Eveready’s well-known EVEREADY trademarks. The Court considered visual, structural, and phonetic similarities and recognised the potential for consumer confusion.

Transparency Triumphs : Patent Refusals must elucidate clear grounds

The Delhi High Court has reiterated the need for transparency in patent refusal orders, stating that clear grounds must be provided. The judgment highlights the importance of detailed reasoning and independent assessment of each claim in patent applications.

Revocation of Patent on the ground of misrepresentation – Ericsson vs Lava : Part VI

The Delhi High Court in Ericsson vs Lava clarified that revocation of a patent on the ground of misrepresentation requires strong, clear evidence of intentional deceit. In this case, Lava failed to meet the legal threshold, resulting in rejection of its revocation claim.

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

The Delhi High Court has restrained several parties from selling cigarettes using deceptively similar marks to ITC’s Gold Flake brand, citing clear infringement and passing off. This decision underscores the judicial approach to protecting well-known trademarks in India.