Indian IP law | Intellepedia

Use of e-Rickshaw Trademark ‘Yatri’ by Competitor Restrained

The Delhi High Court has issued an injunction restraining the use of the “YATRI” trademark and images by a competitor in the e-rickshaw industry. The decision addresses concerns of trademark infringement and consumer confusion, with further hearings set for January 2025.

Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

The Calcutta High Court has ruled that only officers with quasi judicial authority may issue binding trademark orders under the Trade Marks Act. Orders passed by unauthorized officials were declared void, setting a significant precedent for the administration of trademark opposition proceedings in India.

Court Lifts injunction on Tractor-Forklift Design

The Madras High Court lifted an injunction on a tractor-forklift design, finding the design not new or original under Indian law. The case highlights the requirements for design registration and addresses the boundaries of industrial design protection.

Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

The Calcutta High Court examined Emami’s claims against Unilever over the use of “Handsome” in skincare branding. While trademark infringement was not established, the Court found grounds for passing off and ordered Unilever to cease using the contested mark.

Exacting Standards for Pharma Trademarks and their Dominant Parts

The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and established legal principles on the scrutiny of dominant trademark parts in the pharmaceutical sector.

Delhi High Court issues injunction against Software Piracy

The Delhi High Court granted an interim injunction restraining unauthorised use of Bentley Systems’ software, addressing copyright infringement claims. The order underscores the protection of international software copyrights in India and the legal approach to software piracy.

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.

Review and Reversal of Patent Refusal Orders by the Madras High Court

The Madras High Court has set aside several patent refusal orders, highlighting the need for proper reasoning and adherence to legal procedures. These judgments clarify essential aspects of patentability assessment and reinforce procedural fairness in Indian patent law.

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.

Officer’s Choice Trademark, Zinking Patent and Baoji Footwear Cases

This post discusses key Delhi and Himachal Pradesh High Court rulings on trademark and patent infringement. It covers injunctions, label similarities, and rectification petition requirements in Indian IP law. The analysis is based on recent judgments and legal principles.