Celebrating 20 Years of IP Excellence

Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

In the case of Terex India vs. CDE Asia, the Calcutta High Court remanded the patent dispute for fresh consideration, citing procedural flaws and inadequate reasoning in the original decision. The Court emphasized the need for impartiality and ordered that the case be reviewed by a different officer to ensure a fair outcome. Continue Reading Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

Read more

Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

The Calcutta High Court ruled in favor of Visa International Ltd., quashing orders issued by Associate Managers who lacked the legal authority under the Trade Marks Act, 1999. The court emphasized the necessity of proper authorization for quasi-judicial functions within the Trademark Registry. Continue Reading Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

Read more

Jumbo Tramples Haathi Trademark Registration

Jumbo Tramples Haathi Trademark Registration

The Calcutta High Court ruled in favor of Girnar Food & Beverages Pvt. Ltd., overturning the Registrar’s decision and quashing the registration of a deceptively similar ‘HAATHI’ mark by Bicrampore Tea Estate. This ruling underscores the significance of consumer perception and the potential for deception in trademark disputes. Continue Reading Jumbo Tramples Haathi Trademark Registration

Read more

Clarifying Product-by-Process Patent Claims in India - West Bengal Chemicals v. GTZ

Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

In a recent ruling, the Calcutta High Court dismissed WBCIL’s appeal seeking an interim injunction against GTZ, providing clarity on product-by-process claims under the Indian Patents Act, 1970. The judgment highlights the crucial role of expert testimony in establishing patent infringement. Continue Reading Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

Read more

Another Dis’connected’ order by the registry, set aside by the Court

Another Dis’connected’ order by the registry, set aside by the Court

The Calcutta High Court has set aside a refusal order by a Senior Examiner of Trademarks against the registration of the trademark ‘ELECTRONICA.’ The Court directed a new hearing and a reasoned order, highlighting procedural fairness in trademark registration processes. Continue Reading Another Dis’connected’ order by the registry, set aside by the Court

Read more

Image accompanying blogpost on "Patent Term Travel : The 20 year term from the Date of Filing is constitutionally valid"

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The Calcutta High Court scrutinized the constitutional validity of Section 53 of the Patents Act. The Petitoner argued for recalculating patent term from the date of grant, contending the current provision as arbitrary. However, the Court upheld the existing framework, emphasizing legislative discretion and international compliance. Continue Reading The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

Read more

Featured Image for the Weekly Roundup : Trademark case updates

Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

Explore the latest 2023 updates in Indian trademark law. This post delves into recent court decisions, analyzing key rulings on trademark distinctiveness, registration, and infringement. Stay informed with insights and implications from pivotal cases shaping India’s trademark legal landscape. Continue Reading Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

Read more

Deciphering India's Design Law - Part 2

Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 2)

In the second installment of our series on Design Patents in India, BananaIP Counsels presents an analysis of critical judgments that define the scope and interpretation of design law in the country. These rulings offer clarity for stakeholders and contribute significantly to the evolving legal framework surrounding designs. The claim for infringement not established: No Design Infringement of Hipster Alcohol Bottle Design Alcobrew's bottles do not prima facie infringe the registered 'Hipster' bottle design of Diageo says Delhi Court. While rejecting…

Read more

India's Design Law Key Verdicts 2023

Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 1)

Kickstarting our series on India's design law, we explore three significant verdicts that shed light on the nuances of intellectual property protection. Adoption of strikingly similar Sonic Nozzle Design prima facie amounts to infringement, says Calcutta High Court. The Calcutta High Court recently granted an interim injunction in favour of Raring Corporation with respect to its registered design pertaining to the sonic nozzle used in dust collection and suppression equipment. The Court stated that the defendant's nozzle is strikingly similar to…

Read more

Connect with Us

BananaIP Counsels

No.40, 3rd Main Road, JC Industrial Estate, Kanakapura Road, Bangalore – 560 062.

Telephone: +91-76250 93758+91-80-49536207 | +91-80-26860414/24/34
Email: contact@bananaip.com

Please enable JavaScript in your browser to complete this form.
Checkboxes

© 2004-2024 BananaIP Counsels. All Rights Reserved.