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IPAB can hear copyright matter in absence of Member Copyright

8th October

The Delhi High Court has held that though it may be apposite for the government to appoint Member Technical (Copyright), a vacancy in this regard does not impinges upon jurisdiction of the Intellectual Property Appellate Board (IPAB) constituted under Section 83 of the Trade Marks Act.

Setting aside the Order passed by Registrar...

Territorial jurisdiction of court - Trademark s.134 and Copyright s.62 are not in exclusion to s.20 of CPC

1st October 

Delhi High Court has held that territorial jurisdiction of a Court in a trademark action could be invoked where there is use ‘upon’ or ‘in relation’ to goods. It noted that the phrase ‘in relation to’ includes advertising, promotion, etc.

The court was of the v...

Patent in eco-friendly efficient vehicle – Absence of novelty

21st August

The Calcutta High Court has held that the patent in “a fuel cell system and an efficient eco-friendly vehicle mounted with fuel cell system” did not involve any novel invention or any enhancement/advancement of existing technology.

The High Court in this regard in the case Jasper Motors v. Basantee Batte...

Copyright in image of ‘Lightning McQueen’ protected from commercial misuse

17th August

In a case of character merchandising, Delhi High Court has granted permanent injunction retraining defendants from selling goods bearing image of device/work in “Lightning McQueen”, a character from the Disney movie called “Cars”.

It noted that said device is a copyrighted character and under Copyright Ac...

Trademark – No monopoly over entire class of goods

16th August 

The Supreme Court has held that proprietor of trademark cannot enjoy monopoly over entire class of goods particularly when he is not using said trademark in respect of certain goods falling under same class.

The Apex Court in this regard set aside the High Court and IPAB orders, thus restoring Registrar’s order allow...

Trademark – No infringement if mark not used as trademark


Delhi High Court has denied interim injunction against use of trade name MERCYKIND which was alleged to be infringing the mark MANKIND and also its series of marks with suffix/prefix KIND. The court in this regard noted that plaintiff had taken different stand before the Registrar, in defence to a claim for infringement, where its several marks incorporating wo...

Copyright of producer in cinematographic work when cannot be restricted


A Division Bench of the Madras High Court has held that once the ‘performer’ in an advertisement film (cinematograph work) has agreed to vesting of copyright in the producer of the film, the said performer, by way of an agreement, cannot curtail or restrict the right of exploitation of the work by the producer for a time period which is less than th...

Trademark - No passing off for using mark SPLITVIEW


Observing that the elements of irreparable injury and balance of convenience were not satisfied, Delhi High Court on dated 4-7-2018 has rejected grant of an interim injunction in a case involving use of word SPLITVIEW in software products. In this case involving passing-off, it was observed that plaintiff was not entitled to interim injunction if they do not cl...

Pre-cut Eye Drape having only functional value does not qualify as Design


Considering nothing non-obvious, novel or unique in the shape, size, configuration, pattern and composition in registered design of Pre-Cut Eye Drape, Delhi High Court in its decision dated 28-5-2018 has held that the design does not qualify as design under Section 2(d) of the Designs Act. It noted that functional shape and configuration dictated solely by func...

Trademark – Section 124 applicable to stay infringement suit and not suit for passing-off

19th June, 2018

Observing that the defendant had never abandoned the plea of invalidity and had filed the rectification proceedings within three months before IPAB, Delhi High Court has stayed the suit for infringement of trademark, under Section 124 of the Trademarks Act, 1999.

 Reliance in this regard was placed upon Supreme Court’s recent deci...

No passing-off in abbreviation used along with another different mark

7 June, 2018

In a case involving passing-off by use of trademark VAC-PAC, Delhi High Court has dismissed the suit with costs. It observed that plaintiff used the mark with his another trademark SUPERON, while defendant used it along with his mark GMM/arc, which is totally different.

The High Court in Superon Schweisstechnik v. Modi Hitech observed ...

Trademark passing-off – Use of surname not prohibited

7 June, 2018

Karnataka High Court has upheld vacation of interim injunction in a case involving alleged passing-off in names of companies - Patil and Patil Parimala Works, and Patil Fragrances. The plaintiff had contended that by using the word ‘Patil’, the defendant was infringing the rights of the plaintiff.

The defendant however pleaded bona ...

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