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Limitation for restoration application to be construed strictly

4 March 2016

Stating that Section 60 is a self-contained code in the matter of prescribing the period for making an application for restoration with reasons and circumstances which led to the failure to pay the renewal fee and as such the Controller has no power to enlarge the period the Controller held the restoration application as ‘time barred’. Th...

Trademarks – Sales invoice not enough proof of prior use

4 March 2016

Intellectual Property Appellate Board (IPAB) has held that mere production of solitary document and that too a suspected one is not enough to establish by itself ‘prior use’ and adoption continuously for a substantial period. The Board in this regard noted that the opponent to the registration of the trademark ‘Viking’ in Clas...

Patents – Use of compound by way of particular dosage, not patentable

4 March 2016

The Indian Patent Office at Kolkata has rejected the patent application of ‘Use of 2-6-(3-amino-piperidin-1-yl)-3-methyl-2,4-dioxo-3,4-dihydro-2H-pyrimidin-1-ylmethyl-4-fluoro-benzonitrile’ for treatment of diabetes. The claim that the compound is a succinate salt form, which is novel, was rejected by the Patent office holding the same to...

United State District Court of South New York – Rules on parody

28 January, 2016

Observing that sometimes it is better to ‘accept the implied compliment in parody’ and to smile or laugh rather than sue, the United State District Court of South New York held in favour of the alleged ‘diluter’ of the c. The plaintiff contended that by using its distinctive marks, design and particular reference to its br...

Trademarks – Composite marks to be compared as a whole

28 January, 2016
Considering the principles laid down by the Apex Court in the case of Cadila Healthcare v. Cadila Pharmaceuticals, the Delhi High Court has held that alleged use of the mark BECTODINE by the defendants subsequent to the documented use of the trademark BETADINE by the petitioner, by about 34 years, was fraught with malafide...

Patent for process of testing – Use in ‘manufacture’

28 December, 2015

The Court of Appeals of the Federal Circuit, in respect of a process patent for testing a drug, has held that infringement only occurs under 35 U.S.C. § 271(g), as a result of “making” a product, and does not extend to testing to determine whether an already synthesized drug substance possesses existing qualities. Section 271(g)...

US Court rules on whether display of results in web search can infringe

12 November, 2015

In yet another interesting tussle between retailers who chose not to opt for a particular e-commerce portal and the inevitable, may be, unintended results of the internet search yielding trademarked goods in the results page, the United States Court For Appeals for the Ninth Circuit (CAFC) put forth its views on initial interest confusion, possi...

Yoga sequence – not moving towards copyright

26 October, 2015

While copyright may have less to do with appealing to the eye and beauty of movements etc, a ‘static and kinetic successions of bodily movement’ may be subject to copyright. However, recently, the United States Court Of Appeals For the Ninth Circuit opined that the ‘Sequence’ of yoga poses and breathing exercises was not e...

Trademarks - ‘First in market’ relevant over ‘first to register’

26 October, 2015

The Supreme Court of India has upheld the interim injunction granted by the trial court on the basis of ‘first in the market’ test in a dispute where the defendant had filed for registration of the mark six years prior to the commencement of user by the Plaintiff, but had refrained from using the mark. The Court on 5-10-2015 in this r...

Interpreting ‘articles that infringe’

13 August, 2015
Two developments regarding investigation under 19 U.S.C. § 1337 (Section 337) covering Unfair practices in import trade including ‘articles that infringe’ a valid enforceable US patent, are of interest.

  1. Suprema Inc. v. ITC

Trademark & copyright – Jurisdiction for filing suit against infringement

22 July, 2015

The Supreme Court of India has held that suits against infringement of trademark and copyright can be instituted only in the District Court that exercises jurisdiction over the place where the cause of action (in whole or in part) arises, in the case where the plaintiff instituting the suit has an office in that jurisdiction. In Indian Performing Rights Society<...

When an interlocked toy is not essentially interlocked

19 June, 2015

A toy can be in any shape. Toys have provided enough infotainment from children to pets, to customs lawyers if one recalls the disputes over classification of Halloween costumes and  flying discs for dogs to play with (HQ H240490, Canine Hardware Inc) and of course IP lawyers. So the CJEU in Best-Lock v. OHIM was not dealing with a novel situa...

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