Bombay High Court | Intellepedia

“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

The Bombay High Court ruled that cryptic and uncommunicated orders by the Registrar of Trade Marks violate procedural fairness. The court mandated a fresh review of the trademark application, reinforcing the importance of reasoned decisions in quasi judicial processes.

Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

The Bombay High Court vacated an ex-parte injunction in a trademark dispute due to Atyati’s suppression of material facts regarding Cognizant’s prior logo use. This decision reiterates the necessity for full and transparent disclosure in ex-parte proceedings.

Novartis says No to Novarish

The Bombay High Court granted Novartis an injunction against Novarish Healthcare for trademark infringement and passing off. The court found the marks deceptively similar and protected Novartis’s established rights under Indian IP law.

Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

The Bombay High Court has restrained Gleck Pharma from using XIGAMET for its diabetes product, finding it deceptively similar to Glenmark’s ZITA-MET. This decision highlights the Court’s heightened scrutiny in pharmaceutical trademark cases to prevent consumer confusion and associated health risks.

Pidilite Contains Astral from infringing its Container Design

The Bombay High Court has restrained Astral from infringing Pidilite’s registered container design, finding substantial similarity and upholding the design’s novelty and distinctiveness. The judgment clarifies key aspects of visual appeal and prior publication in Indian design law.

Court halts release of film exploiting Karan Johar’s celebrity status

The Bombay High Court halted the release of a film using Karan Johar’s name, citing unauthorised exploitation of his celebrity status. The court recognised his personality rights and restrained the defendants from using his name or attributes in the film.

All set for VOMISET : Court restores trademark and allows renewal beyond deadline

The Bombay High Court restored Indi Pharma’s VOMISET trademark, permitting late renewal due to non-receipt of statutory notice. The order clarifies rights under Section 25(3) of the Trade Marks Act, 1999, and mandates timely Registrar action on such applications.

Trademark removal only after notice, and Fly Hi/Timespro Injunctions

This post discusses key Indian trademark cases on removal and injunctions, with courts emphasising notice requirements for removal and granting injunctions against Fly Hi and Timespro infringers. The analysis highlights recent judicial trends in trademark protection.

Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court has ruled that prosecution history estoppel extends to trademark cases, impacting a party’s rights based on prior representations. Full disclosure of all prosecution material is required in trademark litigation for fair adjudication.

Patent and Trademark Dispute Settlements

This post examines recent patent and trademark dispute settlements in India, focusing on the legal terms and practical implications. The cases illustrate the advantages of amicable resolution in intellectual property disputes.