Intellectual Property | Intellepedia

2024 IP Report Indicates Increase in Patent and Design Filings with India Among Key Contributors

The 2024 WIPO IP report shows that patent and design filings have risen globally, with India emerging as a major contributor. Indian resident patent filings surpassed non-residents for the first time, highlighting increased local innovation and engagement.

“TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

The Delhi High Court issued a permanent injunction in favour of Tata Sons against trademark and trade dress infringement involving TATA COPPER+ WATER. The defendant, a first-time infringer, was ordered to pay nominal costs and destroy infringing goods as per the court’s structured approach.

Rummy Culture and Gameskraft Trademarks: Order to Take Down Infringing Online Gaming Websites and Apps

The Delhi High Court has issued an interim injunction in favour of Gameskraft, restricting infringing online gaming websites from using the RummyCulture and Gameskraft marks. The order addresses trademark and copyright violations, mandating takedown and domain blocking measures.

Nike swooshes away trademark infringers, comes out All Stars

The Delhi District Court has awarded Nike a permanent injunction and exemplary damages in a trademark infringement suit involving the misuse of its well-known marks. This case highlights the legal standards for infringement and passing off in India, offering crucial insights for brand protection.

Court restores patent application despite missed deadline to file request for examination

The Delhi High Court restored a patent application that was deemed withdrawn after a missed Form 18 deadline caused by agent negligence. The Court held that applicants should not be penalised for their representative’s errors, affirming the applicant’s diligent intent.

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

The Madras High Court dismissed Scrum Alliance’s petition for rectification of the CSM trademark, citing insufficient proof of prior use and upholding honest and concurrent use by the respondent. The decision clarifies the application of Section 34 of the Trade Marks Act regarding concurrent rights.

Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

The Delhi High Court held that without a written agreement, trademarks cannot be assigned in family disputes. The court restored exclusive rights to the registered proprietor, reinforcing the importance of proper legal documentation for trademark transfers in India.

Hot Mess? Court says “HOT MIX” is for everyone!

The Delhi District Court ruled that “HOT MIX” is a generic, descriptive term and cannot be exclusively owned. The plaintiff’s claims for trademark infringement and passing off were dismissed, as no likelihood of consumer confusion was established.

Copying of Artistic Architectural Works in Brochure for Advertising Restrained

The Delhi High Court has restrained the use of copyrighted artistic architectural works in a real estate advertising dispute. The court’s interim injunction addresses copyright infringement, passing off, and unfair trade practices, pending further proceedings.

Volvo drives home a victory in Trademark ‘Volvo Pump’ dispute

The Delhi High Court has restrained Grasp Engineering from using the VOLVO trademark for pumps, recognising VOLVO as a well-known mark in India. This case highlights the importance of trademark protection and the legal remedies available to established brands.