Can a Counterclaim Be Filed Against a Trademark Rectification Petition?
The question that arose before the Madras High Court in Chennai in Solidaire Digital Electronics Private Limited v Salahudeen Abdul Latheef & Anr case was the maintainability of a counterclaim against a rectification petition against a trademark registration for the mark “SOLIDARE”.
Besides filing a counter to...
Delhi HC Halts Misuse of Longest Running Indian Sitcom Character’s Rights
Neela Film Production Private Limited v Tarakmehtakaooltachashmah.com & Ors before the Delhi High Court was a suit for restraining an array of defendants, including John Does, from, among others, infringement of copyright and trademark, misappropriation of publicity rights, unfair competition, passing off and...
Louis Vuitton wins lawsuit over unauthorized photo use on third-party website
On August 21, 2024, the Delhi High Court injuncted Haute 24 from using the copyrighted photographs, images and promotional material of Louis Vuitton products on its website.
Haute 24, according to its website, is a Californian entity with Indian stores, bringing “the most exclusive fashion products to people’s...
Madras HC Upholds Microsoft’s Sensor Data Patent, Reinforces Standards
In the case of Microsoft Technology Licensing LLC v Assistant Controller of Patents and Designs, an appeal filed by Microsoft Technology Licensing LLC (Microsoft) challenged the rejection of its patent application for a system to improve how devices handle and communicate sensor data more efficiently in the Madras High...
Compulsory Licensing Petition Can’t Hinder Copyright: Delhi HC
In the case of Phonographic Performance Limited v Al-Hamd Tradenation, Phonographic Performance Limited (PPL) filed a civil suit against Al-Hamd Tradenation (Al-Hamad) in the Delhi High Court, seeking to restrain Al-Hamad from infringing PPL’s copyrighted works/sound recordings in an event without obtaining a requisite license from...
Bombay HC: Complete Responses must for Patent Examination Reports
In the case of Sonalkumar Sureshrao Salunkhe & Ors. v The Assistant Controller of Patents, the Bombay High Court underscored the importance of diligently addressing all objections in the First Examination Report (FER) sufficiently, to avoid the risk of a patent application being deemed ‘abandoned’.
Sonalkumar...
HP High Court: SBB cannot levy access & benefit-sharing fees
In a recent case, Hygienic Research Institute Private Limited v H.P. State Biodiversity Board and others, the High Court of Himachal Pradesh (Court) held that Indian entities covered under Section 7 of the are not required to seek “prior approval” or to pay the Access and Benefit Sharing Fee (ABS) to the State Biodiversity Board (SBB) for...
Pidilite Seals a Win: Bombay High Court Validates Creative Design Combinations
In Pidilite Industries Limited v Astral Limited, the Bombay High Court passed an ad-interim injunction order to stop Astral Limited (Astral) from manufacturing, selling, dealing and offering to sell a ‘container’ infringing a registered design of a container of Pidilite Industries Limited (Pidilite).
Pidilite sued...
Delhi High Court Bars JK Cement from Using Akzo Nobel’s Trademark
In an important decision, the Hon’ble High Court of Delhi has restrained JK Cement Ltd. (‘JK’) from using the trade mark “WEATHER SHIELD” in relation to cement.
Akzo Nobel Coatings International B V (‘Akzo Nobel’), an international conglomerate, owns one of the world’s most popular paint brands, DULUX which it uses...
Delhi High Court’s Progressive Rulings Favor Microsoft in Software Case
In a recent decision by the Delhi High Court, in the case of Microsoft Technology Licensing, LLC v Assistant Controller of Patents and Designs, the Court reaffirmed that the Guidelines for Examination of Computer Related Inventions (CRI), 2017 (CRI Guidelines 2017), which eliminated the novel hardware requirement, must be applied to determine the...