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.
Read more about ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar CigarettesTag: Intellectual Property
Non-use of trademark is not a valid defense against injunction
The Delhi High Court ruled that non-use of a trademark does not automatically bar injunctive relief if deceptive similarity and consumer confusion are present. The Court emphasized that trademark protection persists despite periods of non-use, provided legal criteria for an injunction are satisfied.
Read more about Non-use of trademark is not a valid defense against injunctionAd Agency sues Jindal Steels for Copyright Infringement
Wieden Kennedy sued Jindal Steel for copyright infringement over an advertisement, leading to a Delhi High Court order for arbitration and a monetary deposit. The Court declined an interim injunction, citing balance of convenience and contractual arbitration provisions.
Read more about Ad Agency sues Jindal Steels for Copyright InfringementNo more ‘Social’izing for Social chai
The Delhi High Court has restrained Social Chai from using the “SOCIAL” mark, finding trademark infringement and a likelihood of consumer confusion. The dispute highlights the importance of trademark protection in the restaurant industry.
Read more about No more ‘Social’izing for Social chaiCall for Feedback: CGPDTM Service Excellence Survey 2024
The Office of CGPDTM has announced its Service Excellence Survey 2024 to collect stakeholder feedback for improving IP administration. Stakeholders are encouraged to submit their responses by 22 April 2024.
Read more about Call for Feedback: CGPDTM Service Excellence Survey 2024Exploring Patent Hold Up, Royalty Stacking, and Hold Out – Ericsson v. Lava – Part 3
This post discusses patent hold up, royalty stacking, and hold out in the context of the Ericsson v Lava dispute. The analysis highlights the Court’s reliance on evidence while addressing FRAND licensing arguments and SEP enforcement in India.
Read more about Exploring Patent Hold Up, Royalty Stacking, and Hold Out – Ericsson v. Lava – Part 3Google’s Patent appeal dismissed, fine of 1 Lakh imposed
The Delhi High Court dismissed Google’s appeal against the rejection of its patent application, finding no inventive step over prior art. A fine of Rs.1 lakh was also imposed on Google for incorrect disclosure regarding its European patent application.
Read more about Google’s Patent appeal dismissed, fine of 1 Lakh imposedCiting gross delay and strong likelihood of confusion, court refuses CEAT’s appeal
The Delhi High Court dismissed CEAT’s appeal against the refusal of its FARMAX trademark, citing substantial delay and likelihood of confusion with prior marks. The court found the marks similar and the goods closely related, upholding the Registrar’s refusal.
Read more about Citing gross delay and strong likelihood of confusion, court refuses CEAT’s appealNo monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.
The Delhi High Court dismissed an interim injunction plea, holding that the use of the common surname JINDAL cannot be monopolised under trademark law. The court found no infringement or passing off, as the impugned mark was sufficiently distinct.
Read more about No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.Patent (Amendment) Rules 2024 come into effect, significant changes introduced.
The Patent (Amendment) Rules 2024 bring notable procedural changes to the Indian patent system, including shorter timelines, new forms, and updated requirements. These amendments aim to simplify processes and enhance compliance for patent applicants and patentees.
Read more about Patent (Amendment) Rules 2024 come into effect, significant changes introduced.