IP Law | Intellepedia

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

The Delhi High Court ruled in favor of Gemini Edibles and Fats India Ltd. in a trademark rectification petition, directing the removal of the “DREAM FREEDOM” mark from the Register of Trade Marks. The court found that the respondent had deceptively adopted the mark and trade dress of Gemini’s “FREEDOM” brand, leading to potential consumer confusion. The ruling reinforced the principles of prior use and deceptive similarity in trademark law.

Reasoned orders are a necessity in patent refusals, Madras HC reiterates

The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders.

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand.

Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims.

Delhi High Court issues injunctions for fraudulently using IP Law Firm’s Trademark and Partner’s Name

The Delhi High Court has issued an interim injunction against unidentified defendants for fraudulently using an IP law firm’s trademark and partner’s name. The court’s order addresses trademark infringement, passing off, and cybercrime, while emphasizing the need for vigilance against such deceptive practices.

Indian Patent and Design Statistics 2024 (February 16th to 23rd)

This report analyses Indian patent and design statistics for the week ending 23rd February 2024, covering publications, grants, examinations, and city-level trends. It provides valuable insights for stakeholders in the intellectual property domain.

NON FUNGIBLE TOKENS (NFTs) ON PATENTS: A BREAKTHROUGH IN THE INTELLECTUAL PROPERTY REGIME?

This article explores the potential of NFTs to revolutionise patent ownership and commercialisation using blockchain technology. It examines both the benefits and challenges of integrating NFTs into the intellectual property system, providing a balanced legal perspective.

Job Opening: Intellectual Property (IP) Associate – Bangalore

BananaIP Counsels is looking for an Intellectual Property Associate for its Bangalore office. The role requires expertise in IP law, legal advisory, and related fields, with opportunities for litigation management and research. Qualified candidates are encouraged to apply by submitting the required documents via email.

Patent Agent Examination 2020 postponed, Delhi High Court stays CGPDTM’s order and more

The Patent Agent Examination 2020 is postponed until further notice, and the Delhi High Court has stayed certain CGPDTM orders. The Indian Patent Office has extended all deadlines to 1st June 2020, while new IP law initiatives and international patent updates are also discussed.

“Parachute” Goes After YouTuber for Disparagement, Cyprus Re-registers its ‘Halloumi’ Cheese Mark in the UK, ‘Co-Lab’ Launched By GQ India and Raymond, Italy’s Art Museum Uffizzi Galleries Claims its Domains, Assamese Gamocha Filed For GI and more

The post covers trademark and intellectual property updates from India and abroad, including key legal actions and brand developments. Highlights include Parachute’s injunction against a YouTuber, Halloumi’s UK mark re-registration, and the GI application for Assamese Gamocha.