October - 2022

India: Registration of a device mark does not grant exclusive rights to the use of its components

Anushka Aman

Oct 28, 2022

India: Registration of a device mark does not grant exclusive rights to the use of its components

The Hon’ble Delhi High Court (“the Court”) in the matter of Vasundhra Jewellers Pvt. Ltd v. Kirat Vinodbhai Jadvani & Anr,[1]denied the...

Abhinav Bhalla

Oct 26, 2022

Delhi High Court: Louis Vuitton successfully enforces rights in its LV (logo) marks.

Overview Recently, in the case of Louis Vuitton Malletier v. Javed Khan & Ors[1], the Delhi High Court decreed suit in favour of Louis...

Dynamic Injunctions: A Novel Species Of Injunctions In The Realm Of Digital Piracy

Divanshi Gupta

Oct 25, 2022

Dynamic Injunctions: A Novel Species Of Injunctions In The Realm Of Digital Piracy

INTRODUCTION Indisputably, innovation in the digital age has brought improvements in human productivity and efficiency. But,...

Non-filing of Legal Proceedings Certificate does not disentitle the Plaintiff to seek an injunction

Abhinav Bhalla

Oct 18, 2022

Non-filing of Legal Proceedings Certificate does not disentitle the Plaintiff to seek an injunction

Overview The Division Bench of the Hon’ble Delhi High Court (“the Court”) vide its decision dated September 12, 2022 in the matter titled...

High Court holds non-reasoned refusal as “cryptic”, remands patent application for reconsideration

Nidhi Anand & Ankita Sabharwal

Oct 18, 2022

High Court holds non-reasoned refusal as “cryptic”, remands patent application for reconsideration

Introduction In a recent appeal filed before the Hon’ble High Court of Delhi in the case of Otsuka Pharmaceutical Co Ltd. VsThe...

Hashtags and Trade Marks: A Digital Media Prodigy

Somesa Gupta

Oct 14, 2022

Hashtags and Trade Marks: A Digital Media Prodigy

Introduction The evolution of social media platforms has resulted in increased consumer engagement online and dissemination of...

Decoding Personality Rights: Whose Right Is It Anyway?

Avanee Tewari

Oct 12, 2022

Decoding Personality Rights: Whose Right Is It Anyway?

INTRODUCTION It is interesting to note that even though the concept of ‘Personality Rights’ can be traced back to 1890 wherein Samuel...

Spectrum of distinctiveness: High Court clarifies criteria for inherent registrability

Swati Bhanot

Oct 11, 2022

Spectrum of distinctiveness: High Court clarifies criteria for inherent registrability

Facts of the case: In its order dated July 8, 2022, issued in Disruptive Health Solutions Private Limited vs Registrar of Trade Marks,...

“Blanding” Of Trademarks, The Latest Marketing Trend: Is It Here To Stay?

Vrinda Sehgal

Oct 11, 2022

“Blanding” Of Trademarks, The Latest Marketing Trend: Is It Here To Stay?

Introduction Leonardo da Vinci once said, “Simplicity is the ultimate sophistication”.[1] When it comes to brands and marketing...

High Court dismisses injunction against NATCO PHARMA in patent infringement action by FMC Corp.

Loveleen Kaur

Oct 6, 2022

High Court dismisses injunction against NATCO PHARMA in patent infringement action by FMC Corp.

Introduction: The High Court in the case of FMC Corporation & Ors. vs Natco Pharma Limited has dismissed the application by FMC...

Cinematography Redefined: Analysing Cinematography (Amendment) Bill, 2023

INDIA: HC clarifies jurisdiction of revocation petitions and power to transfer cases between Courts

Madras HC notifies dedicated Intellectual Property Division for hearing IP Matters

From refusal to grant: India Patent Oﬃce grants a patent after the High Court orders reconsideration

INDIA: HC issues directions in view of the recurrent unreasoned orders passed by the Patent Office

HC holds no flexibility for filing request for extension to file national phase patent application

India: Draft Patent (Amendment) Rules, 2023 published, comments invited from Stakeholders

Digital Health

Redbull's fight for “wings”; IPAB dismisses Red Bull’s petition for not being a “Person Aggrieved”

IPAB holds claims of divisional must be derived from claims of parent (not just from specification)

Madras High Court Emphasizes Procedural Fairness and Natural Justice in Patent Proceedings, Sets Aside Refusal Order

SOWING INNOVATION, REAPING RIGHTS: Revisiting Section 3(h) in Syngenta case

Protecting Patent Rights from Procedural Lapses: Key Takeaway from Bry-Air vs. Union of India

Navigating the Trademarkability Of Film Titles Through Judicial Interpretation

BEYOND BORDERS: THE JOURNEY OF THE 'MOLTY' MARK

INDIA - Understanding the traditional characteristics of Section 3(p) of the Indian Patents Act

From Reality to Virtuality: Trademark Challenges and Protection in the Metaverse

Brewed Confusion: Similar Label and Trademark Infringement

ZITA-MET Versus XIGAMET: High Court reiterates position on Trademarks and Pharmaceutical Products

Regulating The Conduct of Patent Agents in Light of Instances of Negligence

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