IP LItigation | Intellepedia

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.

Patent examination should not kill the scientific temper of an inventor

The Madras High Court set aside the rejection of Industeel France’s patent application, stressing the need for fair and consistent patent examination. The judgment highlights the importance of protecting inventors’ scientific temper and ensuring time-bound decisions under Indian patent law.

SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5

This post discusses the Delhi High Court’s approach to awarding actual costs in the Ericsson v Lava standard essential patent litigation. It outlines the legal principles applied and analyses the Court’s reasoning, focusing on party conduct and litigation strategy in determining cost awards.

Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

The Delhi High Court clarified that trademark opposition timelines are mandatory and not subject to extension by the Registrar. The Court reinstated an opposition abandoned due to a minor delay in service, emphasizing strict statutory compliance.

Patent and Trademark Dispute Settlements

This post examines recent patent and trademark dispute settlements in India, focusing on the legal terms and practical implications. The cases illustrate the advantages of amicable resolution in intellectual property disputes.

Trademark Cases: Kalpaka Trademark Republication, Puro Healthy Salt Disparagement, and Tazza Patta Trademark Infringement

This post examines recent Indian trademark cases on republication, disparagement, and deceptive similarity. It discusses judicial reasoning and clarifies important legal standards in trademark law. Readers are encouraged to consult the full judgments for comprehensive understanding.

Our Comments on the Draft IPD Rules of Calcutta High Court

BananaIP Counsels shares detailed comments on the Draft IPD Rules of the Calcutta High Court, focusing on accessibility, service timelines, and translation issues. The suggestions aim to improve procedural fairness and inclusivity in intellectual property litigation before the court.

Trademarks In The Courtroom: Noteworthy Decisions From India Part – 3

This post examines recent Delhi High Court judgments on trademark rectification and disputes, focusing on confusion, phonetic similarity, and appellate procedures. The analysis reflects evolving judicial interpretations in Indian trademark law.