Copyright Held that the mere presence of a mark on the Register would not lead to automatic success in an action for infringement, and it was imperative to demonstrate continuous and sustained use of the mark to exemplify its distinctiveness. June 20, 2021 Indian IPR
Trade Marks HELD case of the defendant that it had itself applied for registration of the trademark in question on a “proposed to be used basis” would militate against the stand of the defendant before the Court that there was in fact prior use of the trademark by it. June 20, 2021 Indian IPR
Trade Marks HELD that if the alleged infringing trademark had been in use for a long period of time, then the Court would be more circumspect in granting an injunction against the defendant. June 20, 2021 Indian IPR
Trade Marks In a passing off action, the plaintiff is required to establish that the misrepresentation made by the defendant in the course of the trade via the impugned marks is calculated to injure or damage its goodwill, which could be actual or a foreseeable consequence of the defendant’s actions. The misrepresentation need not be fraudulent. The tort of passing off i.e. deception / misrepresentation is agnostic to the intent of the defendant. June 20, 2021 Indian IPR
Trade Marks Bombay High Court grants ad-interim relief in favour of “DR FIXIT” marks and labels of Pidilite Industries in Trademark infringement suit June 20, 2021 Indian IPR
Trade Marks Delhi High Court restrains infringement of ‘Singh & Singh’ trademark by ‘Singh + Singh Lawyers LLP’ June 5, 2021 Indian IPR
Patent HELD – IPAB – legal requirement of filing ‘proof of right’ is met by filing of the declaration under Rule 4.17 (ii) of the PCT Regulations by the appellant. There is no other ground or objection to the grant of patent which is mentioned in the refusal order. May 30, 2021 Indian IPR
Trade Marks N95 Is A Generic Term: IPAB Stays Operation Of Registration Of N95 Trademark December 4, 2020December 4, 2020 Indian IPR
Design Design Act, 2000 – Sections 19 and 22(4) – Revocation/Cancellation of Registration – Transfer of suit – Any application for cancellation of registration under Section 19 could be filed only before the Controller and not to the High Court December 4, 2020 Indian IPR
Trade Marks Delhi HC Restraints A Bakery From Using The Mark ‘FACEBAKE’ In A Trademark Suit Filed By Facebook November 18, 2020 Indian IPR
