In the recent judgment, the Hon’ble Delhi High Court, granted a decree of permanent injunction against M S Hotel Ritz & Ors (“Defendants”) restraining them from infringing the trademarks of The Ritz Hotel Limited & Ors (“Plaintiffs”) and declared the Plaintiffs’ RITZ, RITZ-CARLTON, THE RITZ-CARLTON Device marks as well-known trademarks in respect of hotels and...
The Delhi High Court applies prosecution history as an estoppel in a patent infringement analysis to prevent a patentee from using the doctrine of equivalents (DoE) to recapture subject matter surrendered from the literal scope of a claim during prosecution. The ruling emerged from an interim injunction application filed by Crystal Crop Protection Limited, seeking to...
The Division Bench of the Delhi High Court recently set aside an impugned order restraining the appellant, IndiaMart Intermesh Ltd., from offering prospective sellers the option to use the mark PUMA as a search option in the drop-down menu displayed during the registration process on its platform. By way of background, the respondent, Puma SE,...
The Division Bench of Delhi High Court dismissed an appeal filed by RSPL Health Pvt. Ltd. (“Appellant”), challenging the decision of the Ld. District Judge, who had earlier refused to grant interim injunction against Sun Pharma Laboratories Limited (“Respondent”). The suit was based on the Appellant claiming trade mark infringement and passing off owing to...
The Delhi High Court recently set aside the refusal of patent application by the Indian Patent Office, reiterating the procedural rigor required for objections under Section 3(d) of the Patents Act, particularly in pharmaceutical inventions. The appeal was filed by Taiho Pharmaceutical Co. Ltd. against the refusal of Indian Patent Application No. 7283/DELNP/2014 titled “Novel...
In a recent order, the Bombay High Court dismissed a petition filed by TikTok Limited (“TikTok”) challenging an order of the Registrar of Trade Marks Registry, Mumbai (“Registrar”), refusing TikTok’s application for inclusion of the mark TikTok in the list of well-known trade marks. The Registrar had refused TikTok’s application on the basis of the...
Recently, the Gauhati High Court declined to interfere with an order passed by the Trial Court in an appeal filed by Jay Baba Bakreswar Rice Mill Private Limited (“Jay Baba”) challenging the ex parte ad-interim injunction restraining Jay Baba from infringing Lunia Marketing Private Limited’s (“Lunia”) artistic work/copyright “ARHAM” and/or using similar trade dress. The Trial...
Recently, Apex Laboratories Pvt. Ltd. (“Plaintiff”), the manufacturer of a pharmaceutical product under the mark ZINCOVIT (registered since 1988), filed a suit for trademark and copyright infringement and passing off against Knoll Healthcare Pvt. Ltd. (“Defendant”), alleging that its ZINOLVITA mark and packaging, also for a pharmaceutical product, imitated the Plaintiff’s distinct device of fruit...
The Calcutta High Court, in Andreas Gutzeit v. Controller General of Patents (IPDPTA/7/2024), set aside the rejection of a patent application concerning a “Blood Flow Control System and Method for In-vivo Imaging,” highlighting the necessity for a well-explained decision when assessing claim amendments under Section 59 of the Patents Act. The patent applicant sought to...
In a recent judgment, the High Court of Calcutta addressed a dispute concerning infringement of trademark, copyright, and passing off, brought forth by ITC Limited (“ITC”). ITC, the proprietor of the well-known trademark GOLD FLAKE and its associated trade dress since 1905, brought an action against Pravin Kumar and eight other respondents (“Respondents”) for...
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