Intellectual Property | Intellepedia

Prakash Pipes prevails over later trademark for ‘Prakash’

The Madras High Court granted a rectification petition filed by Prakash Pipes Limited, canceling Mr. Rama’s ‘PRAKASH’ trademark for non-use. The Court found the registration to be malicious, aimed at unlawful enrichment, and noted the Petitioner’s long-standing rights and goodwill associated with the trademark.

Himalayan Organics Crumbles Before the Trademark Mountain of Himalaya

In a significant trademark dispute, the Delhi High Court issued an interim order favoring Himalaya Wellness Company, restraining Vlado Sky from using the ‘Himalayan Organics’ mark. The court recognized the potential for consumer confusion and upheld the strength of the ‘Himalaya’ trademark, allowing Vlado Sky to sell existing stock under specific conditions

Thou shall not ‘STEEL’ a trademark, says court

The Madras High Court recently ruled in favor of Prakash Ferrous Industries in a trademark dispute over the ‘TIRUMALA’ mark used on TMT steel bars, granting a permanent injunction against Mansarowar Ispat.

Rebanta Healthcare gets hurt in fight over the mark “REBAHEAL”

In a recent ruling, the Delhi High Court granted interim relief to Dr. Reddy’s Laboratories by restraining Rebanta Healthcare from using the ‘REBAHEAL’ trademark. The court found that the use of the identical mark by Rebanta could lead to confusion and potential health risks, highlighting the importance of protecting trademark rights in the pharmaceutical industry.

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

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.

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.

“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.

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.

Delhi High Court issues injunction against Software Piracy

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.

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