Intellectual Property | Intellepedia

Note on the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge seeks to enhance transparency and fairness in the patent system. It establishes disclosure requirements and safeguards for genetic resources and traditional knowledge within international intellectual property law.

Snack Wars: Haldiram’s Battle for Brand Supremacy

This post explores Haldiram’s successful legal action against trademark infringement, resulting in permanent injunctions and damages. It discusses the judicial recognition of Haldiram as a well-known mark, reflecting broader implications for brand protection in India.

Lost in the Inbox? Delhi High Court Saves Dabur’s Trademark Application

The Delhi High Court restored Dabur’s trademark application for Odonil Mystic Rose, citing procedural lapses by the Trade Marks Registry in serving the notice of opposition. The judgment reinforces the importance of fair opportunity and natural justice in trademark proceedings.

Lights out for “Everyday” Lighters : Injunction in favour of EVEREADY

The Delhi High Court has issued an interim injunction against KSC Industries, restraining them from using the EVERYDAY mark, which was found similar to Eveready’s well-known EVEREADY trademarks. The Court considered visual, structural, and phonetic similarities and recognised the potential for consumer confusion.

Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII

This article provides a detailed analysis of the novelty and inventive step of Ericsson’s AMR patents as examined in Ericsson Vs. Lava. The Delhi High Court’s findings illustrate how Indian patent law standards are applied to complex telecommunication inventions.

Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High Court

The Gujarat High Court refused to grant an injunction to Sonani Industries against its former employees for using diamond colouring technology, citing a lack of proprietary confidential information and the expiry of the relevant know-how agreement. The Court also clarified that issues of copyright infringement would be examined during the ongoing trial.

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

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.

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.

Ad 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.

No 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.