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High Court remands Patent Office's Legally Infirm and Unreasoned Order

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

In a recent case decided by the Delhi High Court in Best Agrolife Limited vs. Deputy Controller of Patents and Anr., the Court remanded an order of patent grant by the Patent Office for a fresh consideration because the order was legally infirm and unreasoned, resulting in violation of principles of natural justice. The order was related to a patent application filed by GSP Crop Science, concerning a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The Petitioner in this case, Best…

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Image accompanying blogpost on "Latest Patent Cases in 2022 - Part 1"

Latest Patent Cases in 2022 – Part 1

This running post provides a summary of the latest patent cases decided by courts in India in 2022: MSN Laboratories Pvt. Ltd v. Novartis Ag. The present suit was an appeal filed before the High Court of Telangana against an ad interim injunction order passed by the City Civil Court, Hyderabad. The lower court held that the Novartis Ag had established prima facie case of infringement against MSN Laboratories Private Limited. Novartis Ag filed the suit concerning a novel and inventive…

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Image featuring case brief KHADI & VILLAGE INDUSTRIES COMMISSION VS. RAMAN GUPTA AND ORS.

CASE BRIEF: KHADI & VILLAGE INDUSTRIES COMMISSION VS. RAMAN GUPTA AND ORS.

Decided by the High Court of Delhi on 4th March, 2022.   FACTS The Plaintiff, Khadi and Village Industries Commission, established in the year 1956 was a registered proprietor of various words marks and device marks. Its products bore the mark “KHADI” in both English and Hindi as well as in artistic and logo form along with the Charkha Logos. The Plaintiff not only dealt with the products of Khadi but also with various medicinal products and were regulated and promoted by…

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Patent Infringment article published by BananaIP

Hinged and Immobilized Differently, but Infringes Patented Dolly

The plaintiff in this case filed an infringement suit against the defendants, users and suppliers of products covered under the Patent 214088 dated 13th March 2002 titled 'Carriage for the horizontal transfer of motor vehicles in automatic mechanical car parks.' The claims in the patent relate to a self-propelled carriage on wheels, for horizontal transfer of motor vehicles by lifting two or more wheels, in single or multi automatic mechanical car parks. The product is commonly known as a 'Dolly'…

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Image accompanying blogpost on "CASE BRIEF: Samir Kasal vs Prashant Mehta & Ors."

CASE BRIEF: Samir Kasal vs Prashant Mehta & Ors.

 Decided by High Court of Delhi on 19th January 2022. Facts The Plaintiff conceptualized a cricket league format wherein famous retired cricket players would play Test format of cricket with two innings of 10 (ten) overs each. The Plaintiff’s idea intended to exploit the interest in cricket of Indians residing in non-cricket playing countries. The Plaintiff started building up on the concept with the Defendants, and began correspondence with the requisite authorities and people to be involved. The format and information…

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Image accompanying blogpost on "CASE BRIEF: Renaissance Hotel Holdings Inc. vs B. Vijay Sai and Ors."

CASE BRIEF: Renaissance Hotel Holdings Inc. vs B. Vijay Sai and Ors.

Decided by Supreme Court of India on 19th January 2022 (Reportable) Facts The Appellant, proprietor and holder of the trademark ‘RENAISSANCE’, had filed a suit against the Respondents for a permanent injunction against the use of the allegedly infringing trademark ‘SAI RENAISSANCE’, as well as any other mark identical to the Respondents’ mark, ‘RENAISSANCE’. The Appellant discovered two hotels being run by the Respondents, in Bangalore and Puttaparthi, and noted that it copied the style, signage, and the word ‘RENAISSANCE’. The Respondents’…

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Image accompanying blogpost on "Latest Trademark Cases in 2022 - Part 1"

Latest Trademark Cases in 2022 – Part 1

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Renaissance Hotel Holdings Inc. Vs. B. Vijay Sai And Ors. The Appellant, proprietor and holder of the trademark ‘RENAISSANCE’, filed a suit against the Respondents for a permanent injunction against the use of the allegedly infringing trademark ‘SAI RENAISSANCE’, as well as any other mark identical to the Respondents’ mark, ‘RENAISSANCE’. The Appellant discovered two hotels being run by the Respondents, in Bangalore…

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Image accompanying blogpost on "Recap 2021 - Indian Copyright Case Laws"

Recap 2021 – Indian Copyright Case Laws

In this post, we bring to you few Copyright Cases decided by Indian Courts in the year 2021:- Sony Pictures Network India Pvt. Ltd. vs. www.sportsala.tv And Ors In this case, Sony Pictures filed a suit against numerous defendants primarily praying for a permanent injunction against reproducing, making available, distributing, broadcasting, and so on of the cricket matches between India’s tours of England and Sri Lanka. During the pendency of the suit, Sony Pictures prayed for an interim injunction asking for more or less…

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Image accompanying blogpost on "Recap 2021 - Indian Design Case Laws"

Recap 2021 – Indian Design Case Laws

In this post, we bring to you few Design Cases decided by Indian Courts in the year 2021:- M/S Kamdhenu Limited v. 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…

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Image accompanying blogpost on "Take Down of Infringing Content from Telegram"

Take Down of Infringing Content from Telegram

DocTutorials Edutech Private Limited v. Telegram FZ-LLC & Ors., Decided by Delhi High Court, on 25th January, 2022. A suit was filed by the Plaintiff against unknown Defendants No. 5 & 6 (referred to as John Doe), as well as any other persons associated with them, for releasing its the paid content  on a platform run by Defendants No. 1 & 2, i.e., Telegram. The Plaintiff Company provided online content for medical entrance exam preparations, through their website and mobile applications, and…

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