Recap 2021- Indian Patent Case Laws

Recap 2021- Indian Patent Case Laws

In this post, we bring to you few Patent Cases decided by Indian Courts in the year 2021 Merck Sharp And Dohme Corp & ANR vs YMS Laboratories Private Limited In this case, the plaintiff, owner of patents pertaining to Sitagliptin and its derivative salts, filed an infringement suit against the defendant. The plaintiff prayed for an Ad Interim Injunction during the pendency of the suit. After reviewing the facts presented, the Court granted an Exparte Ad Interim Injunction as the…

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Important Indian Trademark Cases - 2021

Important Indian Trademark Cases – 2021

In this post, we bring to you Important Trademark Cases decided by Indian Courts in the year 2021 Kaira District Cooperative Milk Producers Union Ltd and Anr. V/S. Maa Tara Trading Co. and Ors In this case, the Calcutta High Court passed an interim order against the Defendants, restraining them from using the trademark ‘Amul’ in connection with their products. The case was instituted by Kaira District Cooperative Milk Producers Union Ltd., who are the proprietors of the trademark ‘Amul’. It…

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Novex Communications Vs. DXC Technologies & Anr.

Business of Issuing Copyright Licenses can be carried out by Copyright Societies “only”

Novex Communications v. DXC Technologies & Anr. Decided by: Madras High Court Decided on: 08.12.2021 Facts of the Case The Plaintiff was involved in a business of protecting the copyright for sound recordings – in the capacity of an assignee, or an agent of the copyright holders. In order to do so, the Plaintiff had entered into various agreements with the holders of the copyrights, and had obtained several rights related to the sound recordings – in particular, the rights for the…

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Important Patent Caselaws 2021

Important Patent Case law – 2021

In this post, we bring to you Important Patent Cases decided by Indian Courts in year 2021 FMC Corporation & ANR. vs Natco Pharma Limited In this comprehensive judgment with respect to grant of interim injunctions involving a patent relating to “Chlorantraniliprole” (also known as CTPR), the Delhi High Court rejected a valiant effort by the defendant based on several grounds under the patent law. The Court refused to grant permission to the defendant to manufacture and sell the insecticide during…

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Latest Trademark Cases in 2021 - Part 14

Latest Trademark Cases in 2021 – Part 14

Agatha Christie Limited vs Registrar Of Trade Marks. In this case, Agatha Christie Limited filed a trademark application for the mark, “And Then There Were None.” The Registrar rejected the application, and the Agatha Christie Limited appealed. The Delhi High Court came to the conclusion that there was no ground based on which the mark could have been rejected under the Trademarks Act, 1999, as the mark was not descriptive and because no similar marks were existing on the Register.…

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Latest Designs Cases Part-1

Latest Designs Cases in 2021 Part – 1

M/S Kamdhenu Limited vs M/S Aashiana Rolling Mills Ltd In a case involving a registered design pertaining to double rib pattern of steel rods, the Delhi High Court cancelled the registration summarily stating that there is no need for a full trial. The Court came to this conclusion primarily based on the fact that the design that formed part of the registration was published as part of British, ISO and other standards before the filing date of the design application.…

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Latest Trademark Cases in 2021 - Part 13

Latest Trademark Cases in 2021 – Part 13

Walmart Apollo Llc vs Aayush Jain & Anr In this case, the Plaintiff owns a registered trademark for WALMART / WAL-MART. The Defendant applied for WMART and allegedly used since April, 2019. The Plaintiff filed an infringement suit against the Defendant, who was using ‘WMart’ and www.wmartretail.com. The Plaintiff prayed for an injunction during the pendency of the suit, which the Court granted until the next date of hearing. Citation: Walmart Apollo Llc vs Aayush Jain & Anr, Decided…

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Latest Trademark Cases in 2021 - Part 12

Latest Trademark Cases in 2021 – Part 12

Pidilite Industries Limited v. Platinum Waltech Limited The Plaintiff filed this suit against the Defendant seeking relief in trade mark, copyright and designs combined with causes of action in passing off in each. The Plaintiff was a well-known manufacturer of products relating to the construction and paint industry and had a worldwide presence since 1969. The Plaintiff had several trademarks related to its products which included the DR FIXIT mark with a distinctive device of a man wearing a yellow…

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Latest Trademark Cases, 2021- Part 11

Latest Trademark Cases in 2021 – Part 11

Avtar Singh & Ors. v. Sakshi Srivastava & Anr. There were four Plaintiffs in this case, i.e., Mr. Avtar Singh, Mr. Harkirat Singh, Aero Traders Private Ltd. and Aero Associates Pvt. Ltd., who co-owned M/s Aero Club. They filed an application for the trademark “WOODS” in the club’s name firstly in 1994 and 1996 under Class 25 and in 2017 under Class 3. The Plaintiffs together subsequently registered trademarks “WOODLAND”, “WOODLAND” (stylised) and other “WOODLAND” marks on varying dates in…

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Latest Copyright cases, 2021- Part 6

Latest Copyright Cases – 2021 – Part 6

Mrs. Sellappapa Keeran v. S. Vijayaraghavan & Anr The Plaintiff, Mrs. Sellappapa Keeran, wife of late Pulavar Keeran, a famous religious Hindu preacher and historian, sought a declaration from the Madras High Court that she was the rightful owner of the copyright of her husband’s works. She also filed for an injunction against the Defendants, asking them to surrender all master tapes containing original recordings of the speeches, lectures and discourses and in any other form like cassettes or CDs. …

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