IP LItigation | Intellepedia

Coca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step Analysis

A row of classic Coca-Cola glass bottles with red labels and caps, placed against a bright yellow background.

Delhi HC overturned Coca-Cola’s patent refusal, stressing the need for detailed inventive step analysis in patent decisions.

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.

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

The Bengaluru Civil Court has permanently restrained former partners of Cothas Coffee from using the mark “COTHA” for coffee businesses, citing trademark infringement and lack of bona fide use. This judgment highlights the legal standards for trademark protection and passing off under Indian law.

Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

The Calcutta High Court permanently restrained Micky Metals from using Lux TMT, finding it constituted passing off against the well-known Lux trademark. The judgment reinforces the legal protection of established trademarks in India.

Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

The Delhi High Court ordered restoration of a lapsed patent after finding that the Patent Office’s communication error led to non-payment of renewal fees. The judgment highlights the responsibility of authorities to ensure proper notification in patent matters.

Copyright Disputes in Partnerships are Arbitrable

The Madras High Court has clarified that copyright disputes arising within partnerships, particularly as matters of misuse of partnership assets, are arbitrable. This case demonstrates the enforceability of arbitration clauses in partnership deeds for resolving such disputes under Indian law.

“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

The Delhi High Court dismissed L’Oréal’s appeal against the CLARIWASH trademark, finding no deceptive similarity or grounds for cancellation. Procedural errors during examination were not considered sufficient for removal, and the respondent’s prior use was recognised.

Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld

The Delhi High Court overturned the Patent Office’s refusal of Honeywell’s patent amendments, holding that the changes were within the scope of the original claims. This ruling affirms the importance of fair and thorough examination of patent applications under Indian law.