Non Use of Trademark Leads to Cancellation: Delhi High Court favors Zepto

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The Delhi High Court, in an ex-parte decision, ordered the removal of the ‘ZEPTO’ trademark registered by Mohammad Arshad in Class 35, upholding Kiranakart’s claim of non-use. The judgment affirms that trademarks must be actively used to retain validity under Section 47 of the Trade Marks Act.

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Only Copyright Societies Can Issue Licenses: Delhi High Court Strikes a Blow to Music Licensing Practices of PPL, Novex, and Others

Only Copyright Societies Can Issue Licenses: Delhi High Court Strikes a Blow to Music Licensing Practices of PPL, Novex, and Others Featured image for Only Copyright Societies Can Issue Licenses: Delhi High Court Strikes a Blow to Music Licensing Practices of PPL, Novex, and Others

In Azure Hospitality Pvt. Ltd. v. Phonographic Performance Ltd., the Court held that Phonographic Performance Limited (“PPL”), though an assignee of copyrights, could not engage...

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Regents’ Patent on Live Salmonella Vaccine Fails to Meet Disclosure Requirements, Court Rules

Regents’ Patent on Live Salmonella Vaccine Fails to Meet Disclosure Requirements, Court Rules Featured image for Regents’ Patent on Live Salmonella Vaccine Fails to Meet Disclosure Requirements, Court Rules

The Delhi High Court recently upheld the Controller of Patents' decision to reject an appeal filed by the Regents of the University of California (hereafter...

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ITC’s injunction against Arpita Agro upheld

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The Delhi High Court upheld ITC’s injunction against Arpita Agro, restraining the company from using the trademark ‘POWRNYM.’ The Court ruled that the mark was deceptively similar to ITC’s ‘NIMYLE’ and ‘JOR-POWR,’ violating trademark rights. The judgment emphasized that contractual obligations and trade dress similarities must be strictly adhered to in trademark disputes.

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Patentability vs. Procedure: Finding the Right Balance during patent examinations

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The Delhi High Court ruled in favor of Arcturus Therapeutics, overturning the Controller’s rejection of its patent application on procedural grounds. The Court emphasized that procedural compliance should not override substantive examination, directing the Patent Office to reassess the application on its merits.

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The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

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The Delhi High Court addressed the appeals in the Sammaan Capital v. Svamaan Financial trademark dispute. The case involved phonetic similarity, consumer confusion, and corporate branding rights. The Court maintained the status quo, requiring disclaimers in advertisements and setting a final hearing for April 2025.

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Frivolous inventions and abstract theories – Delhi High Court refuses patent appeal

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The Delhi High Court dismissed an appeal against the rejection of a patent application due to lack of novelty and a significant procedural delay of 701 days. The appellants, who had filed a patent application for black-colored wearables with claimed effects on human energy, failed to provide scientific evidence or technical merit. The court upheld the Indian Patent Office’s decision, emphasizing that abstract ideas are not patentable and reaffirming the importance of adhering to statutory deadlines for appeals.

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