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Image accompanying blogpost on "Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”"

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Delhi High Court recently ruled in favour of Sterling Agro Industries, protecting their “NOVA” trademark for dairy products from a deceptively similar mark “NOVYA” used by ASR Trading Company. The Court noted the similarity in marks and packaging, the abandoned trademark application by ASR, and their its to prove otherwise, leading to a permanent injunction and penalty against the defendant. Continue Reading Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

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Image accompanying blogpost on "Delhi High Court issues injunction against Software Piracy"

Delhi High Court issues injunction against Software Piracy

Software giant Bentley Systems successfully obtained an injunction from the Delhi High Court against a company for copyright infringement of its software programs. This case highlights the legal recourse available to software companies in India to protect their intellectual property. Continue Reading Delhi High Court issues injunction against Software Piracy

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Image accompanying blogpost on "Prosecution History Estoppel applies to trademark cases, Confirms the Bombay High Court"

Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court recently ruled that the “prosecution history estoppel” principle applies to trademark cases. This means that statements made during the trademark registration process about similarities with other trademarks can be used against the applicant in future infringement lawsuits. The Court also emphasized the importance of disclosing all relevant information, including prosecution history, in trademark lawsuits. Continue Reading Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

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Image accompanying blogpost on "Another dynamic plus order to curb online piracy from the Delhi High Court"

Another dynamic plus order to curb online piracy from the Delhi High Court

Delhi High Court cracks down on piracy! In this case, the Court granted an injunction against 28 rogue websites pirating Universal Studios content. The injunction covers not just existing websites but also future versions and new ones that may arise. This applies to future Universal Studios content as well. ISPs and domain name registrars were ordered to block access and provide details of owners. Continue Reading Another dynamic plus order to curb online piracy from the Delhi High Court

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Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

Recently in a trademark infringement case between Hermès International & Anr. v. Crimzon Fashion Accessories Private Limited, the Delhi High Court ruled that the “H” mark of the French Luxury brand Hermès International is a well-known mark, after ordering a permanent injunction against Crimzon for infringing use of the mark on its website. Continue Reading Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

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Weekly Copyright, Media, and Entertainment Law Updates

This week’s copyright, media, and entertainment law updates are as below:   Karnataka HC Issues Contempt Notice to Congress Leaders in KGF Song Copyright Infringement Matter The Karnataka High Court issued notices to Rahul Gandhi, Jairam Ramesh, and Supriya Shrinate of the Indian National Congress in response to a contempt petition filed by MRT Music alleging that the respondents have not removed videos uploaded to the social media accounts of Congress and Bharat Jodo that infringe upon its copyright in KGF chapter-2's…

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Restaurants and Well Known Trademarks: The Case of Bukhara

Restaurants and Well Known Trademarks: The Case of Bukhara

Read about the Delhi High Court’s decision to declare the trademark “Bukhara” as a well-known mark of ITC Limited for its restaurant business. Learn about the evidence presented in the case and the relief granted by the Court to ITC to protect its trademark from being used by Central Park Estates in their restaurant. Continue Reading Restaurants and Well Known Trademarks: The Case of Bukhara

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Latest Trademark Cases in 2022 - Part 6

Latest Trademark Cases in 2022 – Part 6

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Shyam Sel and Power Limited Vs. Shyam Steel Industries Limited The Plaintiff, Shyam Sel and Power Limited filed a suit against the Defendant, Shyam Steel Industries Limited for the infringement of its Trademark and passing off, as the Defendant was using the plaintiff’s registered trademark ‘SHYAM’ on its invoices. Both the parties were involved in manufacturing and selling Thermo-mechanically treated bars, leading to…

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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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The featured image shows coffee in a white small cup with a spoon placed next to it. The post is about sipping on IP. To know more, please click here.

Intellectual Property : Sipping on IP

Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP Counsels, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers. Date: 02/08/2016 Topics discussed Anchita,…

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