Recently, the Hon’ble Calcutta High Court, in an appeal under Section 91 of the Trade Marks Act, 1999, set aside an order passed by the Deputy Registrar of Trademarks, whereby Marriott Worldwide Corporation’s (“Petitioner”) opposition against the registration of a deceptively similar trade mark THE NEW MARRION, by Sunjoy Hans (“Respondent”) was dismissed on the...
The Delhi High Court recently modified an interim injunction granted by the Commercial Court, Saket, in a trademark dispute over the mark SALONI between M/s. Nakoda Food Marketing & Ors. (“Appellant”) and M/s. Mahesh Edible Oil Industries Ltd. (“Respondent”). The Respondent, proprietor of the trademark SALONI, had secured an interim injunction restraining the Appellant from...
The Calcutta High Court delivered a significant judgment in ITC Limited v. Controller of Patents (IPDPTA No. 121 of 2023), overturning the Patent Office’s refusal of ITC’s patent application for a device and method to generate and deliver nicotine aerosol without electronic or heating components. Background: The Patent Office rejected ITC’s application primarily under Section 3(b) of...
A single judge of the Delhi High Court recently returned a suit filed by Vikrant Chemico Industries Pvt. Ltd. (“Vikrant Chemico”) against Shri Gopal Engineering & Chemical Works Pvt. Ltd. & Ors. (“Shri Gopal”) for want of territorial jurisdiction. Vikrant Chemico had filed the suit alleging trademark infringement, copyright infringement, and passing off in relation...
Mere automation through Standard Data Processing cannot be allowed patent protection in India: Calcutta High Court Upholds Patent Refusal u/s 3(k) for Software-Implemented Inventions In Google LLC v. Controller of Patents (IPDPTA/90/2023), the Calcutta High Court clarified the boundaries of patent eligibility for computer-related inventions, particularly those characterized as software-driven methods. Google LLC appealed the rejection...
In a recent decision, the Delhi High Court addressed a challenge brought by Sushil Kumar, trading as Da Polo and another petitioner (“Petitioners”) against an order of the Commercial Court, which had refused to reject a trademark and copyright infringement suit filed by The Polo/Lauren Company L.P. (“Respondent”). The Respondent, proprietor of the globally renowned...
Recently, the Delhi High Court dismissed an application seeking injunction restraining the defendant, Mach Conferences and Events Limited from, inter alia, infringement of the trade mark, passing off, misrepresentation, dilution, unfair competition, including as part of domain name, the marks BOOKMYYATRA.COM or BOOKMYYATRA (“Impugned Marks”). By way of background, the plaintiff, Yatra Online Limited, adopted...
In a recent trademark dispute, the Bombay High Court dismissed the plaintiff, Mangalam Organics Ltd.’s (“Plaintiff”) interim injunction application against the use of the marks “KARPURE” and “AIR KARPURE” by N Ranga Rao and Sons Pvt. Ltd. (“Defendant”), citing no actionable case of trademark infringement or passing off. Plaintiff claimed that the Defendant’s use of the marks “KARPURE”...
The present appeal has been filed by Goodview Fashion Private Limited (“Appellant”) against an order passed by the Registrar of Trade Marks (“Respondent”) refusing registration of the Appellant’s application for the Pi logo on the ground on non-distinctiveness. It was the Appellant’s case that the impugned order of the Respondent is arbitrary and perverse as...
Recently, in an appeal from a batch of writ petitions challenging the wrongful acceptance of trade mark applications by the Trade Marks Registry (“Registry”), a Division Bench (“DB”) of the Delhi High Court discussed the difference between the maintainability and entertainability of writ petitions. Though ruling in favour of maintainability, the DB allowed the appeal...
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