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.

Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi

The Delhi High Court ruled in favour of Zippo Manufacturing, granting a permanent injunction against the sale of counterfeit lighters infringing its trademark. The Court recognized the distinctiveness of Zippo’s lighter design and awarded damages to the plaintiff.

Who Owns the Castle?

The Delhi High Court addressed a trademark passing off dispute over the CASTLE mark in the beer industry. The court granted an injunction to the plaintiffs, preventing the defendants from using the marks CASTLE and OLDCASTLE, emphasising the importance of protection against misrepresentation.

Elvis Presley International Memorial Foundation v. Crowell – Right of Publicity is Descendible

This post examines the landmark decision affirming the descendibility of Elvis Presley’s right of publicity. It highlights how the court recognised the estate’s authority to control and exploit his name and image posthumously.

Temporary Injunction: Mariappan Vs. A.R. Safiullah

This post analyses the Mariappan vs AR Safiullah case on temporary injunctions in Indian patent disputes. The court scrutinised inventive step and the requirements for interim relief, ultimately denying the injunction due to lack of prima facie validity.

Aktiengesellschaft Vormals Meister Lucius & Bruning a Corporation etc.Vs Unichem Laboratories

This post provides a detailed analysis of the Tolbutamide patent infringement case between Aktiengesellschaft Vormals Meister Lucius & Bruning and Unichem Laboratories. It discusses the Court’s interpretation of patent claims and the implications for Indian pharmaceutical patent litigation.

Laxmi Dutt Roop Chand Vs. Nankau

This case evaluates a patent infringement dispute concerning hollow ware manufacturing processes in India. The Court compared both parties’ methods, ultimately finding no infringement due to significant procedural differences.

Yahoo! Inc. v. Akash Arora and another, 1999 Arb. L. R. 620

This post analytically discusses the Yahoo trademark case, addressing the legal principles of passing off and domain name infringement in India. It provides a structured overview of the dispute between Yahoo Inc. and Akash Arora, highlighting the court’s reasoning and decision.

Copyright assignment/licensing issues in movie sequels

This article discusses the legal dispute over copyright assignment and sequel rights in the Sarkar film series. The Bombay High Court held that remake rights were granted to Narendra Hirawat, while sequel rights remained with ZPC, clarifying crucial aspects of film copyright in India.

Sound Recording, Literary & Musical Works and Right to Royalty – Part 2

This post examines the complexities of royalty rights for sound recordings and underlying literary and musical works in India. It provides a legal analysis of significant court decisions and their impact on authors, producers, and commercial broadcasters.