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Patents - Counter claim in infringement suit better than revocation in IPAB


26th March

In a case involving revocation application before IPAB and infringement suit before the High Court, Delhi High Court has held that effect of taking defence under Section 107(1) of the Patents Act or of making a Counter claim under Section 64 would be same.

Observing that IPAB was not in position to grant relief as patent term had expired, ...

Patent infringement – Prior study having contrary findings is not ‘prior art’


26th March

The Delhi High Court has held that the combination containing both Metsulfuron Methyl and Sulfosulfuron as prepared by the plaintiff was novel and not obvious. The uniqueness of plaintiff’s composition comprising of such compounds was that it was effective against both grassy and broad leaf weeds.

Allowing the interim injun...

Trademark infringement – Identical manner of use important, while difference in packing not

23rd March 

In a case involving alleged infringement of trademark, Delhi High Court has held that difference if any in the cartons in which the goods may be sold or packed will not affect deception otherwise likely between the two marks.

Further observing that the manner in which the defendant was using its mark “VKG” was identic...

Patent infringement - Technical expert allowed during cross-examination


12th February

Delhi High Court has allowed defendant’s interim application regarding presence of his technical expert during cross-examination of plaintiff’s witness, an expert himself. The plaintiff had relied upon Chapter XIII Rule 4 of the Delhi High Court (Original Side) Rules, 1967 according...

Commercial Transaction must for Court’s jurisdiction in passing off


13th February

For the purpose of invoking jurisdiction of a court in a passing off action, the plaintiff is required to plead and establish that there has been a Commercial Transaction within the jurisdiction of that Court which amounts to passing-off.

The Delhi High has held that mere fact that plaintiff received queries for advertisement ...

No registration when design a trade variation and available in public domain


14th February 2018

Rejecting plaintiff’s claim of piracy of design, Delhi High Court has on 8-2-2018 cancelled a registered design. The Court in this regard noted that the design in respect of the footwe...

No infringement on selling of replacement parts of complex product: CJEU

4th January

The Court of Justice of the European Union (CJEU) has rejected the contention of various car manufacturers that Article 110(1) of the EU Regulation No. 6/2002 would not cover alloy car wheel rims.
 
Article 110(1) provides exclusion from protection as Community design for a design which constitutes a component part of a complex prod...

Government need not consult DTAB to prohibit manufacture of drug/cosmetic

6th January

Supreme Court of India has held that it is not mandatory for the Central Government to hold prior consultations with the Drugs Technical Advisory Board, for exercise of power under Section 26A of the Drugs and Cosmetics Act, 19...

Protection of generic word bestowed with greater degree of burden of proof

8th January

The Delhi High Court in a case of trademark infringement and passing off has rejected the contention for protection of a generic word ‘AYUR’ as trademark.
The plaintiff had contended that the word ‘Ayur’ is invented by them and it has no meaning whatsoever. They also pleaded that because of its extensive use it has acqui...

White Paper on Data Protection and Privacy

08th December

Summary

The Government of India constituted a Committee of Experts on July 31st, 2017 under the Chairmanship of former Supreme Court justice B.N. Srikrishna with the objective to identify and study the key issues relating to data protection in India and make specific suggestions on principles to be considered...

Trademark – Prefix ‘’Bookmy’’ descriptive in nature for online booking services

27th December

The plaintiff, registered proprietor of word mark and logos BOOKMYSHOW, was seeking permanent injunction against defendant from using in any manner mark BOOKMYSPORTS, of using prefix BOOKMY. It was the claim of plaintiff that the prefix BOOKMY is an essential part of plaintiff’s registered trademark as it has acquired distinctiveness over a pe...

Trademarks Act does not contemplate permission of civil court to override other provisions for filing of rectification application

25th December

The Supreme Court examined the various sections under the Trade & Merchandise Marks Act 1958 and Trademarks Act, 1999 to determine whether a person could resort to rectification proceedings before the statutory authorities (Registrar/IPAB) even in a situation where infringement proceedings had been instituted and the plea of validity ...

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