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Trademarks – No case of passing off in use of word ‘Privee’

14 September 2016

The High Court of Delhi on 8-8-2016 has dismissed the suit for permanent injunction to restrain the defendant from using trademark “PRIVEE” or any other trademark or logo / device which is identical or deceptively similar to the plaintiffs’ trademark “MBD PRIVE” and “PRIVE” or which incorporates ...

Trademarks in domain name – Bonafide adoption of corporate name as domain name, correct

14 September, 2016

In a suit alleging trademark infringement, dishonest adoption and passing off, where the cause of action arose out of use of a domain name, the Bombay High Court on 20-7-2016 has held that every domain name cannot form subject of trade-mark protection. The Court was of the view that use of the mark “Raymond” by the defendant...

Stay of Proceedings where validity of registration of trade mark questioned

5 September 2016

In the matter of FAO (OS) No. 717/2010 involving Times Publishing House LTD and Financial Times Ltd & Ors., a Divisional Bench (DB) of the High Court of Delhi, on 29 August 2016, sustained the order of the Single Judge dismissing the application under Section 124 of the Trade Marks Act, 1999 made by Times Publishing House Ltd (Times, hereinaf...

Patent (Amendment) Rules, 2016

20 May 2016

On May 16, 2016, India brought in various changes to the Patent Rules, 2003 making it more aligned with use of technology like mandatory e-submission of documents and hearing through video-conferencing besides changes in procedure and providing for expedited examination and so on.
Some of the important changes are:

  1. ...

Trademark – Non-receipt of consideration for assignment not relevant when same registered

20 May 2016

The Delhi High Court has held that even in case of non-receipt of consideration for assignment of the trademark by the assignor, unless the entry made in the Trademark Register is removed by the appropriate authority, the assignor has no right to infringe the same very mark which is assigned by him. The court on 22-4-2016 in the case of Sa...

National IPR Policy announced

20 May, 2016

The Ministry of Commerce and Industry of the Government of India released the much awaited National IPR Policy (“the Policy”) on May 13, 2016, with a vision to transform India as a knowledge economy. Under the tag line “Creative India; Innovative India,” the Policy hopes to catalyse the innovation ecosystem towards India&rsquo...

Arbitration of copyright issues, permissible

19 May 2016

Bombay High Court has held that copyright issues that arise out of an agreement between parties are subject to arbitration, provided the arbitration clause in the agreement encompasses the same. The court while allowing the matter for arbitration, observed that Section 62 of the Copyright Act, 1957 and Section 134 of the Trademarks Act, 1999 d...

Copyrights – Interim injunction cannot be granted on cursory material

27 April 2016

Bombay High Court has refused to grant ad-interim relief in a case of alleged copying of Plaintiff’s registered literary work (script of a movie) without his permission, license or assignment. The Court in its decision in Notice of Motion (L) No. 1153/2016 in Suit (L) No. 343/2016, noted that, it was not known as to whether the Plaint...

No patent to numbering device – IPO invokes Section 3(b)

27 April 2016

Indian Patent Office at New Delhi has refused to grant patent in an application titled ‘Method and device for controlling the position of the numbering wheels of a numbering device’. The Assistant Controller Patents & Designs was of the view that there was a contravention of Section 3(b) of the Patents Act, 1970 inasmuch as the prima...

Copyright in sketches for dresses, not registered as design – ‘capable of being registered’ clarified

27 April 2016

Delhi High Court has declined to grant injunction against infringement of copyright in drawings and sketches for dresses when the dresses were created more than 50 times using said design which was not registered under Designs Act. Plaintiff’s contention that once copyright artistic work is excluded from the definition of a design under Sectio...

Trademarks - Ex-parte ad-interim injunction possible only in case of distinctive mark

27 April 2016

Division Bench of the Delhi High Court has vacated the ex-parte ad-interim injunction granted by the Single Judge Bench against a major mobile and personal computer manufacturer, for use of words ‘Split View’. The Court in its decision in FAO (OS) Comm. 11/2016, held that the issue for consideration was whether ‘Split View...

Rectification proceedings before IPAB without permission of Court trying infringement suit

4 March 2016

Deliberating on the question as to whether prior permission of the Court is necessary under Section 124(1)(b)(ii) of the Trade Marks Act, 1999 for rectification of a registered trademark, during the pendency of a suit, the Larger Bench of the Delhi High Court on 5-2-2016 has held that the structure of Section 124 does not indicate that jurisdiction o...

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