Will a trademark invalidity plea in response to an interim application count for Section 124?

The Madras High Court has clarified that a trademark invalidity plea under Section 124 can be made in documents beyond the written statement, such as counter affidavits in interim applications. This broad interpretation ensures that the right to seek rectification is preserved even if the written statement is forfeited.

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Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

This post provides an analytical overview of recent Delhi High Court decisions on trademark and trade dress enforcement. Notable cases include disputes involving Patanjali, Kinley, and Head Racer, reflecting current legal trends in India.

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Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.

The Delhi High Court is reconsidering the proper jurisdiction for filing trademark rectification petitions. The question has been referred to a larger Bench for a definitive decision, with significant implications for trademark law in India.

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Indian Patent and Design Statistics 2024 (February 2nd to 9th)

This report reviews Indian patent and design statistics for February 2nd to 9th, 2024, detailing trends in applications, grants, and regional distributions. It offers factual analysis for IP professionals, compiled by BananaIP’s legal experts.

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‘Sri Sharanam Ayyappa’, ‘Dengue Don’ , and ‘Raashee’, Trademark Case Decisions

This blog post reviews key trademark infringement decisions by Indian High Courts, addressing damages, confusion, and judicial reasoning. It examines cases concerning rice, pan masala, and mosquito repellant trademarks, highlighting legal principles and practical implications for brand owners.

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Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench

The Delhi High Court has raised an important question about the proper forum for filing trademark rectification petitions in India. The issue centres on whether jurisdiction should be limited to the High Court overseeing the relevant trademark office or extended to any High Court.

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Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

The Delhi High Court has issued an interim injunction against the use of the ‘Candlelight’ trademark for concerts, siding with Fever Labs in a passing off dispute. The ruling highlights the protection of unregistered but distinctive trademarks in India’s live entertainment sector.

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Indian Patent and Design Statistics 2024 (January 19th – 26th)

This report analyses Indian patent and design statistics for January 19th to 26th, 2024, with a focus on application trends, grants, and city-wise data. The findings provide a clear, objective view of current developments in Indian intellectual property.

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