IP LItigation | Intellepedia

Trademark Application Refusal Overturned in Mocemsa Case

Naturally Distinct Mocemsa Wins Appeal Against Trademark Application Refusal

Introduction In a recent decision, the Delhi High Court ruled in favor of M/S. Mocemsa Care ("Mocemsa") in its appeal against the trademark application refusal...

Frivolous inventions and abstract theories – Delhi High Court refuses patent appeal

The Delhi High Court dismissed an appeal against the rejection of a patent application due to lack of novelty and a significant procedural delay of 701 days. The appellants, who had filed a patent application for black-colored wearables with claimed effects on human energy, failed to provide scientific evidence or technical merit. The court upheld the Indian Patent Office’s decision, emphasizing that abstract ideas are not patentable and reaffirming the importance of adhering to statutory deadlines for appeals.

Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

The Madras High Court ruled in favor of Wunderbar Films in its copyright dispute with Netflix over the unauthorized use of behind-the-scenes footage. Netflix’s applications challenging jurisdiction and seeking rejection of the plaint were dismissed. The Court held that territorial jurisdiction was valid, pre-suit mediation was not mandatory due to urgency, and combining statutory and common law remedies was permissible.

Compulsory licensing in copyrights, Al Hamd challenges PPL’s fees

The case of Al Hamd Tradenation v. Phonographic Performance Ltd. involves a dispute over the issuance of a compulsory license under Section 31 of the Copyright Act for public performance rights. Al Hamd contends that the license fees charged by PPL were unreasonable, while PPL argues the petition is not maintainable. The Court has reserved its decision, keeping all issues open for further consideration.

Trademark Litigation: ‘Advantage’ of Settlement

This post was originally published on 18th December, 2011. Bayer and Cipla have recently settled trade mark litigation with respect to Advantage and Advantix trade...

Design as a Trademark?, Bumblebee Dispute Settled, Kodaikanal Hill Garlic GI and other news

The post examines current trends in trademark law India, highlighting recent statistics, legal rulings, and major trademark disputes. It also discusses new licensing agreements and the application for GI status for Kodaikanal Hill Garlic, offering a clear legal analysis.

Main Stream Piracy, Fake Copyright organization busted, Peps and IP Infringements, YouTube.Mp3 shut down, Star India and IPL and more..

Recent updates in Indian copyright and entertainment law include the crackdown on a fake copyright organization, aggressive IP enforcement by Peps Industries, and the closure of YouTube MP3. The post also reviews licensing developments and association actions within the entertainment sector.

Landmark case, Chemtura Corporation v. UOI, Facebook patents, Computer Related Inventions & more

This update discusses recent trends in Indian patent law, including the Chemtura Corporation case and Facebook’s new patent grant. It highlights updates from the Indian patent office and international news on computer related inventions.

The Immaculate Trade Mark Office and the Mystery of the Abandoned TM Applications

The post investigates the procedural issues surrounding the recent mass abandonment of trademark applications in India. It explores legal concerns about notification, evidence, and the Trade Mark Office’s reliance on system-generated orders.

Intellectual Property (IP) in India: A Decade of Progress Part 16

This post examines ten years of intellectual property litigation statistics in India, focusing on patent, trademark, and copyright decisions by the Supreme Court and High Courts. The analysis highlights key trends and fluctuations in the volume of cases during 2004–2014.