The registration of the JBR trademark was cancelled after identity of marks and similarity of goods were found under Section 11 of the Trade Marks Act. The Registrar’s order dismissing the opposition was set aside.
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‘In Vitro Detection’ Still Diagnostic: Nematode Cancer Test Barred under Section 3(i)
In Hirotsu Bio Science v. Assistant Controller of Patents and Designs, the Delhi High Court held that branding a process as “in vitro detection” does not rescue it from Section 3(i) when, in substance, it diagnoses cancer. The nematode-based urine test was thus refused as an excluded diagnostic method.
Read more about ‘In Vitro Detection’ Still Diagnostic: Nematode Cancer Test Barred under Section 3(i)Same MAXO, New Spy: When a Mosquito Repellent Became a Camera and Trade Mark Law Stepped In
In the case of Jyothy Labs Limited vs Gautam Kumar, the court examined whether embedding spy cameras inside MAXO mosquito repellent machines and selling them online could be justified as resale, or whether such conduct crossed into trade mark infringement, trade dress misuse, and passing off.
Read more about Same MAXO, New Spy: When a Mosquito Repellent Became a Camera and Trade Mark Law Stepped InYou Can’t Live with Liv 333: When Trademark Similarity Turns Costly
In the case of Rajasthan Aushdhalaya Private Limited vs Himalaya Global Holdings Ltd, the Delhi High Court Division Bench examined an appeal against a final decree passed by a Single Judge in a trademark infringement suit. While affirming the injunction against the use of Liv 333, the Division Bench reiterated settled principles on trademark protection, dominant features, and infringement, and looked at the basis on which damages and costs were imposed.
Read more about You Can’t Live with Liv 333: When Trademark Similarity Turns CostlyIf You List It, They Might Sue: Trademark Infringement, Place of Business, and Online Access
In the case of Kohinoor Seed Fields India Pvt Ltd vs Veda Seed Sciences Pvt Ltd, the Delhi High Court Division Bench provided a structured analysis of what constitutes territorial jurisdiction in trademark infringement actions after examining the plaintiff’s principal office, online listings, and the role of marketing agreements.
Read more about If You List It, They Might Sue: Trademark Infringement, Place of Business, and Online AccessBLUE JAYS vs BLUE-JAY: Delhi HC on Bad Faith and Trans-Border Goodwill
In Mr. Sumit Vijay & Anr. v. Major League Baseball Properties Inc. & Anr., the Delhi High Court clarified that global fame alone does not establish trademark rights in India. The ruling in BLUE JAYS vs BLUE-JAY underscores the need to prove use and goodwill within India to succeed in cancellation and passing off claims.
Read more about BLUE JAYS vs BLUE-JAY: Delhi HC on Bad Faith and Trans-Border Goodwill“Little Hearts”, Big Infringement: Delhi HC Injunction
An ad interim injunction was granted by the Delhi High Court in a dispute concerning the “Little Hearts” mark, 3D biscuit shape, trade dress and product images. Amazon was directed to delist the infringing listings pending further orders.
Read more about “Little Hearts”, Big Infringement: Delhi HC InjunctionInventive Step Misjudged? Delhi HC Revives Trident’s Patent Application
Delhi HC revives Trident’s patent application, citing flaws in the inventive step analysis of its air-rich yarn invention.
Read more about Inventive Step Misjudged? Delhi HC Revives Trident’s Patent ApplicationAre Employment Agreements sufficient for establishing Proof Of Right?
Delhi High Court rules employment agreements valid as proof of right under Section 7(2), aiding patent filings involving deceased inventors.
Read more about Are Employment Agreements sufficient for establishing Proof Of Right?Unauthorized Commercial Use of Persona of Andhra Pradesh Deputy CM Pawan Kalyan: Delhi HC Intervenes
The Delhi High Court intervened to protect actor and Andhra Pradesh Deputy CM Pawan Kalyan’s personality and publicity rights from unauthorized commercial use, including AI-generated impersonations. The Court granted interim injunctions, emphasizing the enforceability of celebrity rights under Indian law.
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