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Doctrine of equivalents & prosecution history - UK Supreme Court clarifies

24th July, 2017

Summary


The Supreme Court of the United Kingdom has recently passed its judgment in the case of the Actavis Vs. Eli Lilly and Company , on 12th July, 2017. This judgment has very wide ramifications on some of the most critical principles of UK Patent Law. Apart from clarifying the applicability of the doct...

Examination of national phase patent application filed after specified period

24th July, 2017

Summary


In recent judgment of 10th July 2017, the Delhi High Court in the case of the Trytan Medical INC. vs. Union of India, has taken to task, the Patent Office, for its failure to adhere to the orders and direction of a Superior Court/ Tribunal. In this case the High Court has directed the Patent Office...

Trademarks – Effect of part of mark being generic and common to particular trade


21 June 2017

Observing differences, including differences in trade dress, label and get up of the two trade-names – ‘Pinch of Spice’ and ‘Pinch of Salt’, the Delhi High Court has on 24-05-2017 vacated the interim injunction it earlier granted in favour of the plaintiff. The marks were also found to be dis-similar phonetically...

Trademark infringement – Distinction in services provided, is material


21 June 2017

A Single Judge of the Delhi High Court has on 22-05-2017 vacated the earlier ex-parte interim injunction in a case involving trademark infringement where the mark “PINDROP” was used by the plaintiffs for recording studio business (class 41) and the mark “PINDROP MUSIC” was used by the defendants for an online applicati...

Exhaustion of patent right when patentee sells patented product


21 June 2017

The US Supreme Court has held that patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose. It was also held that an authorized sale outside the United States, just as one within the United States, exhausts all rights under the US Patent Act. Th...

Trademark infringement – Similarity of marks to be considered first


15 May 2017

Observing that the marks FERANTA and INTAS’ FERINTAS are sufficiently distinguishable and does not satisfy Section 29(2)(b) of the Trade Marks Act, a Single Judge of the Bombay High Court has refused to grant an interim injunction in favour of the Plaintiffs in a trademark infringement and passing off suit.

The Court in it...

Trademarks – German origin word which is not indicative of business, is not generic


18 May 2017

Taking note of the fact that plaintiff had acquired a distinctive reputation and goodwill of its own under the trade names “ASIAN HAUS” and “SUSHI HAUS” for its food delivery outlets, Delhi High Court has restrained the defendants by an interim injunction from using the name “HAUS” for latter’s food de...

Patents – Correction under Section 78


22 May 2017

Delhi High Court has set aside the ‘deemed to be withdrawn’ status of a patent application and restored the Indian National Phase application. The issue involved incorrect mention of the number of the patent application in Form 18 as well as in its covering letter, and absence of communication from the department seeking correction...

Vacation of interim injunction on basis of non-binding undertaking, not correct


25 May 2017

A Division Bench of the Delhi High Court on 12 April 2017 has set aside the decision of the Single Judge Bench wherein the latter had vacated the earlier ex-parte interim injunction granted in favour of the Plaintiffs in a designs infringement case.

The Single Judge Bench had vacated the interim order on the basis of un...

Design – Each component of design need not be tested for originality and novelty


15th May 2017

The plaintiff, a manufacturer of plastic insulated products claimed infringement of the registered design of its water bottle ‘PURO’ with a two-tone colour scheme, flip top and unique surface pattern and that the ‘Kudoz’ bottles sold by the defendant would mislead the public into thinking they were products of the pla...

Use of a descriptive of services as trademark eligible for IP protection


8th May 2017

The plaintiff was the proprietor of the registered label marks comprising the word “Darzi” and was using the same for providing tailoring services. The defendants on the other hand were using the mark “Darzi on call” also for tailoring services.  They argued that the name was generic and the plaintiffs could not c...

Production bible of TV show without novel elements is not a copyrightable work


11th May 2017

The plaintiff claimed that its copyright in the format/elements of a reality show to identify children with acting talent was infringed by the defendant who had also produced a show aimed at identifying talented children.

The plaintiff produced a production bible which laid out the format of the show, its thematic concept, var...

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