Failure to file Form 3
Failure to furnish information under Section 8 of Patents Act does not result in automatic revocation of Patent
TM Journal Advertisement
TM Journal Advertisement Madrid Registration Designating India
Novartis Glivev Patent re
Supreme Court of India rejects Novartis Patent for beta crystalline form of Imatinib Mesylate “Glivec” being violative of Section 2(1)(j), (ja) as well as 3(d) of Indian Patent Act
Design publication in for
Full Bench Delhi High Court held that existence of a design registered abroad in a convention country is not a ground under Section 19(1)(a) for cancellation of a design registered in India.
Posting online is not com
Mere posting of the letter on website does not constitute communication of objection as required by rule 38(4) under the Trademark Rules.
Issuance of Form O3 must
Delhi High Court upheld issuance of notice on Form O3 mandatory before removing the mark. Restoration period to be counted from date of removal from Register not from due date of renewal
Territorial Jurisdiction of Court where Trademark Application is applied for Registration
Injunction for Trademark
Injunction can also be sought in case of threatened use of a Trademark
Amendment of claims
Amendment of claims in infringement Suit not permissible without amending the plaint even if such amendment has been allowed in some earlier suit
Reckitt Benckiser (India)
Reckitt Benckiser (India) Ltd. v Wyeth Ltd. Registered design if intentionally brought into the public domain without any breach of faith, no longer remains new as per provisions of Indian Design Act.
Banyan Tree Holding Pvt.
Banyan Tree Holding (P) Ltd. Vs. A. Murali Krishna Reddy & Anr.Delhi High Court set Guidelines to determine jurisdiction in Internet related cases
In four clubbed cases by Microsoft Corporation against different defendants Delhi High Court allowed ex parte stay and directed Microsoft to pay cost security in case allegations of copyright piracy found speculative
TVS Motor Co. Ltd.
TVS Motor Company Limited Vs. Bajaj Auto Limited: No balance of convenience or irreparable loss Chennai High Court set aside Injunction granted by Single Judge of High Court
In Re: BERNARD L. BILSKI
In Re: BERNARD L. BILSKI; United States Court of Appeals for the Federal Circuit lays down mahcine transformation test for business method patents
In Re: Alleged Invention
In Re: Alleged Invention of A. B. Short:- One of oldest judgments related to denial of copyright in design for prior use
Telebrands (India) P. Ltd
Telebrands (India) Pvt. Ltd. Vs. Benent Coleman & Co. Ltd. & Anr. Delhi High Court held no exclusive rights over descriptive/ common words
Hindustan Unilever Ltd.
Hindustan Unilever Limited Vs Procter And Gamble Home Products Limited: Kolkata High Court no interim order if no economic loss shown by disparaging advertisement
Brij Mohan Sharma
Brij Mohan Sharma Vs. M/s. Milton Plastics Delhi High Court on Appeal held that suit once instituted by a litigant, has to be disposed of strictly as per the procedure prescribed in the Code and not in a cursory or summary fashion
THANGAM/BANGARAM/GANGA Copyright Issue in Mega Serial- Instead of interim injunction Madras/Chennai High Court decided to decide suit expeditiously
S. Ramkumar Vs. Micromax
S. Ramkumar Vs. Micromax Informatics Ltd. Punjab & Haryana High Court dissimmed Appeal to set aside injunction in declaratory suit
Man & Machine Vs. Apple
Man & Machine Vs. Apple United States Patents and Trademarks Office has awarded “MIGHTY MOUSE” trademark to Man & Machine causing Apple to Abandon it for its products
Chemtura Corporation Vs. Union of India; Delhi High Court vacated interim injunction and directs defendants to maintain accounts of manufacture, sale, supply
F.HOFFMANN-LA ROCHE LTD
F.HOFFMANN-LA ROCHE LTD Vs. CIPLA LTD. Agreeing with Single Judge's Considertion to adverse impact of grant of injunction on life saving drugs Delhi High Courtimposed Cost of Rs. 5 Lakhs on Appellant
Supreme Court of India
Supreme Court of India gave liberty to approach appropriate High Court to the whistle blower who challenged appointment of Nabard Chairman
J. Mitra & Co. Pvt. Ltd.
J. Mitra & Co. Pvt. Ltd. versus Asst. Controller of Patents & Design. & Ors. Supreme Court adjudicates on dichotomy introduced for the first time by the Patents (Amendment) Act, 2005, in the Patent Law between "opposition to the pre-grant" and "oppositio
M/s Entertainment Network (India) "Radio Mirchi" Vs. M/s Super Cassette Industries Ltd "T Series": Supreme Court allows appeal of Entertainment Network (India) Ltd. and refers matter back to Copyright Board for compulsory license
J. Mitra & Co. Pvt. Ltd
J. Mitra & Co. Pvt. Ltd. Vs. Asst. Controller of Patents & Desig. & Ors.; Supreme Court of India, Appeal against Pre Grant opposition order to be heard by High Court though Patent Act amended and IPAB came into existence
Cadila Healthcare vs. Dabur India/ Shree Baidyanath Ayurved Bhawan; Delhi High Court declines Cadila Healthcare's plea to restrain use of 'Sugar Free'
Khoday India Limited
Khoday India Limited Vs. The Scotch Whisky Association and others; Supreme Courts Bars Challenge To “Peter Scot” On Principles Of Acquiescence And/ Or Waiver
Glaxo Smith Kline-
Glaxo Smith Kline: Exclusive Marketing Rights, Supreme Court held that challenge to a provision accrued before it is repealed is maintainable if the repealing act is silent
Lakhani Rubber Udyog Ltd
Lakhani Rubber Udyog Ltd Vs. Saraswati Utpadan Pvt. Ltd., Supreme Court allowed temporary breather against criminal prosecution for “lakhani” for false lodging complaint under copyright as well as trademark act