legal case analysis | Intellepedia

Can you reuse a discarded bottle to refill and sell your own goods or products?

The Madhya Pradesh High Court ruled in favor of Mount Everest Breweries Ltd., prohibiting the reuse of embossed beer bottles. The decision upheld the Excise Commissioner’s order, stating that reusing marked bottles leads to consumer deception and violates intellectual property rights. The appeal overturned the previous order, reinforcing legal protections for trademarks in the beer industry.

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court granted interim relief in a trademark dispute involving “FIGHTER” and “FITTER” for adhesive tapes, finding deceptive similarity. The decision highlights the court’s approach to trademark protection and irreparable harm in such cases.

ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks

The Delhi High Court granted ITC an interim injunction restraining Arpita Agro from using the mark POWRNYM, finding it deceptively similar to ITC’s NIMYLE and JOR-POWR trademarks. This case highlights the importance of respecting trademark rights and contractual obligations in the Indian legal context.

Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

L’Oreal secured a permanent injunction from the Delhi Commercial Court against the import of counterfeit cosmetics bearing its trademarks. The decision underscores the role of strong intellectual property enforcement in protecting global brands and market integrity in India.

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

This post examines Al Hamd Tradenation’s challenge to PPL’s license fee structure under Section 31 of the Copyright Act. The Delhi High Court has deferred a final decision, keeping all issues open for future consideration.

Century Ply’s claims of Trademark infringement do not fly, rules court

The Delhi Tis Hazari Court rejected Century Ply’s trademark infringement claims against Balaji Ply, citing lack of direct evidence and reliance on hearsay. The court dismissed the suit and awarded costs to the defendant after finding the plaintiff unable to prove its allegations.

Court Orders Former Employee to Pay Rs. 1 Lakh for Early Resignation

The Delhi court held a former employee liable for Rs. 1 lakh after breaching a training agreement by resigning early. The court denied the injunction against misuse of confidential information due to lack of concrete proof, and did not award interest on the sum claimed.

Let’s see who gets the ‘Zee’! Prem Biyani vs Zee Entertainment

The Madras High Court remanded a trademark dispute involving Prem Biyani and Zee Entertainment, focusing on class distinctions and the status of well-known marks. The judgment highlights the need for careful, statutory evaluation of trademark applications across different classes.

No more ‘Social’izing for Social chai

The Delhi High Court has restrained Social Chai from using the “SOCIAL” mark, finding trademark infringement and a likelihood of consumer confusion. The dispute highlights the importance of trademark protection in the restaurant industry.

Google’s Patent appeal dismissed, fine of 1 Lakh imposed

The Delhi High Court dismissed Google’s appeal against the rejection of its patent application, finding no inventive step over prior art. A fine of Rs.1 lakh was also imposed on Google for incorrect disclosure regarding its European patent application.