Court refuses interim injunction based on Patent Prosecution History
The Delhi High Court refused an interim injunction in a patent dispute over a fuel cap, citing ambiguous claims and prosecution history. The judgment highlights the need for…
Legal Analysis
75 articles
When Saregama found a copyright infringement suit, not so e’Zee’
This analysis discusses the Saregama versus Zee copyright dispute focusing on groundless threats and the operation of Section 60 of the Copyright Act. The court’s decision highlights due…
Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion
The Gujarat High Court clarified that trademark infringement requires a holistic comparison of marks and their respective goods or services. The court found no likelihood of confusion between…
“Focus on technology, not semantics” says court in case involving gene technology
The Madras High Court set aside a patent refusal for a gene technology application, criticising the Controller’s excessive focus on semantics over scientific content. The judgment directs the…
Monoclonal antibodies and Patents – How the Madras High Court interpreted Section 3(c)
The Madras High Court clarified the interpretation of Section 3c regarding patent eligibility of monoclonal antibodies in India. The Court held that synthetic antibodies may be patentable if…
Court criticizes Patent Office for using outdated CRI Guidelines
The Madras High Court condemned the Patent Office’s reliance on outdated CRI guidelines in Microsoft’s patent application case, highlighting the significance of technical effect in computer related inventions.…
Exacting Standards for Pharma Trademarks and their Dominant Parts
The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and…
Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench
The Delhi High Court has raised an important question about the proper forum for filing trademark rectification petitions in India. The issue centres on whether jurisdiction should be…
Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 1)
This post presents an analytical overview of three recent High Court judgments interpreting design law in India. It highlights the courts’ reasoning on infringement and the standards for…
Delhi High Court Grants Relief to Louis Vuitton Against Counterfeiters: A Comprehensive Analysis
The Delhi High Court permanently restrained defendants from infringing Louis Vuitton's trademarks and awarded damages for counterfeiting. This analysis outlines the court's legal reasoning and its implications for…