Tag: Delhi High Court

Weekly Trademark Updates

This week’s trademark updates are as follows – Rooh Afza counterfeit products restrained from sale on Amazon India A recent order from the Delhi High Court restrained the sale of sherbet products bearing the fake name ‘Rooh Afza’, which were made in Pakistan. The complaint was filed by Hamdard National Foundation, alleging that sherbet products produced in Pakistan were being sold in India bearing the fake name ‘Rooh Afza’. The company filed the case against Amazon India and a company named…

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Use of Music in Marriage ceremonies – Prof. Arul Scaria’s report to The Delhi High Court

Use of Music in Marriage ceremonies – Prof. Arul Scaria’s report to The Delhi High Court

In the case of PPL versus LOOKPART EXHIBITIONS (CS (COMM) 188/2022 & I.A 4772/2022), The Delhi High Court asked Professor Arul George Scaria to provide an expert opinion on Section 52(1)(za). The Court asked Professor Arul to particularly provide an opinion on the scope and extent of the Copyright Exception with respect to the use of Sound Recordings in marriage ceremonies and related festivities. In furtherance, Professor Arul gave his opinion to the Court, which was mentioned in the Court’s…

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Weekly Trademark Updates

This week’s trademark updates are as follows – Protecting GI Goods The GI Tags can and are being utilized to prevent counterfeits from chipping away the revenue of the original products protected as a GI. The Gulbarga Tur Dal (pigeon pea) is a good example of the same. During a training program held in October 2022, 16 users were awarded the “Authorized User Certificate” (AUC) for the Gulbarga Tur Dal, which is a product provided with a GI Tag. The AUC…

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Weekly Trademark Update Bulletin- PhonePe v MobilePe, Entrepreneur Magazine Vs. The Senior Examiner of Trade Marks, Delhi and more

This week’s trademark updates from BananaIP Counsels include PhonePe v MobilePe, Entrepreneur Magazine vs. The Senior Examiner of Trade Marks, Delhi, and The Battle of Sadda Pind. Read More Continue Reading Weekly Trademark Update Bulletin- PhonePe v MobilePe, Entrepreneur Magazine Vs. The Senior Examiner of Trade Marks, Delhi and more

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Can you revive abandoned/lapsed patents and patent applications in India?

Can you revive abandoned/lapsed patents and patent applications in India?

A patent attorney’s job includes tracking and managing deadlines and schedules for each patent case that he or she handles. Every Indian patent has at least ten (10) deadlines on average, and a patent attorney managing a portfolio of one hundred patents must keep track of at least one thousand dates. Read More Continue Reading Can you revive abandoned/lapsed patents and patent applications in India?

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Role of 'Intent' in Reviving lost Patents and Patent Applications in India

Role of ‘Intent’ in Reviving lost Patents and Patent Applications in India

One of the critical parts of a patent attorney’s work is the management of timelines and deadlines relating to patent files being handled by her/him. On an average, each patent file in India has at least ten (10) deadlines, and if a patent attorney has a portfolio of 100 patents, she/he is looking at at least 1000 dates to track. Read More Continue Reading Role of ‘Intent’ in Reviving lost Patents and Patent Applications in India

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Weekly Trademark Updates

This week’s trademark updates are as follows: A hot win for ‘Chaayos’. In the matter of SUNSHINE TEAHOUSE PVT. LTD. v. MTRM GLOBAL PVT. LTD., the plaintiff, owner of the trademark- Chaayos had approached the Delhi High Court against the usage of the mark- Chaiops by the defendants. The suit was filed in September seeking permanent injunction and restraining unauthorised use of the mark by the defendants. The matter was referred to mediation last month which failed and further options to…

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Image accompanying blogpost on "CASE BRIEF: FMC Corporation & Ors. vs. Natco Pharma Limited"

CASE BRIEF: FMC Corporation & Ors. vs. Natco Pharma Limited

Facts (with Timeline): i) FMC Corporation and FMC Agro Singapore Pte. Ltd. (collectively referred to as “Plaintiffs”) were assigned Indian Patent No. 298645 (suit patent/IN’645) titled “Method for preparing N-Phenylpyrazole-1-Carboxamides.” ii) The suit patent disclosed a novel method for preparing anthranilic diamide insecticide compounds. The claimed method involves combining: a carboxylic acid compound of Formula 2, an aniline compound of Formula 3, and a sulfonyl chloride, to prepare a compound of Formula 1 (Chlorantraniliprole (CTPR)). iii) The Plaintiffs brought…

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Weekly Trademark Updates

This week’s trademark updates are as follows: Delhi High Court prevents website from using the trademark "Live Law" because of "intent to cash in on goodwill." The Delhi High Court has issued an ad interim injunction in favour of Live Law Media Private Limited, the business that owns the legal portal livelaw.in, preventing "Tiya Law Library" and a Haryana-based attorney from using the mark/name "Live Law" until further orders and ordering the internet service providers to block access to the website…

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Weekly Trademark Updates

This week’s trademark updates are as follows: CHAAYOS trademark infringement dispute referred to mediation Sunshine Teahouse Private Limited had filed an infringement suit against the CHAIOPS café. Sunshine claimed that the Defendant’s brand name CHAIOPS was infringing upon their mark CHAAYOS. The Delhi High Court noted that there were no similarities between the device and logo of the two parties and that there existed only phonetic similarity between the two. Hence, stating the possibility of an amicable settlement, the Delhi High…

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