Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

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The Gujarat High Court’s decision in the Unisn vs. Unison case provides critical insights into evaluating trademark infringement. The court emphasized a holistic view of trademarks, considering the distinctiveness of goods and services, thereby ruling out the likelihood of confusion. This case reinforces the importance of product differentiation in trademark disputes.

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Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ Featured image for Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

In a recent ruling, the Calcutta High Court dismissed WBCIL’s appeal seeking an interim injunction against GTZ, providing clarity on product-by-process claims under the Indian Patents Act, 1970. The judgment highlights the crucial role of expert testimony in establishing patent infringement.

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“Focus on technology, not semantics” says court in case involving gene technology

“Focus on technology, not semantics” says court in case involving gene technology Featured image for “Focus on technology, not semantics” says court in case involving gene technology

The Madras High Court ruled in favor of Toyota, overturning the patent office’s refusal to grant a patent for a gene increasing plant biomass and seed production. The court emphasized the importance of scientific aspects over language semantics and directed a review within six months.

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The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases Featured image for The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of the case. This arrangement was agreeable to the Plaintiff as well, and other cases.

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Delhi High Court issues injunction against Software Piracy

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Software giant Bentley Systems successfully obtained an injunction from the Delhi High Court against a company for copyright infringement of its software programs. This case highlights the legal recourse available to software companies in India to protect their intellectual property.

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Use of Akshay Tanna’s persona and reputation on social media for investment scams taken down

Use of Akshay Tanna’s persona and reputation on social media for investment scams taken down Featured image for Use of Akshay Tanna’s persona and reputation on social media for investment scams taken down

The Delhi High Court has mandated the takedown of fraudulent social media activities exploiting Akshay Tanna’s reputation for investment scams

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Court refuses injunction against Bhanushali’s “Main Atal Hoon”

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Denial of injunction for ‘Main Atal Hoon’ by Bombay High Court clarifies legal stance on film adaptations of public domain subjects and copyright disputes.

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Sequoia Trademark on Social Media, Distributor’s Trademark Rights, and Rectification Petition after Suit

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Case notes relating to recent trademark cases involving social media misuse, distributor rights, and when rectification can be filed post-suit, based on recent court rulings.

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Copyrighted Music in Wedding functions: Court orders deposit for Sangeet and Cocktail Parties

Copyrighted Music in Wedding functions: Court orders deposit for Sangeet and Cocktail Parties Featured image for Copyrighted Music in Wedding functions: Court orders deposit for Sangeet and Cocktail Parties

The Delhi High Court rules a ₹1 Lakh deposit for Sangeet and Cocktail party music, impacting wedding event licensing. This decision addresses copyright laws and sets a precedent for music usage at private functions, highlighting the legalities of playing copyrighted music and the necessity for obtaining proper licenses.

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