202507.21
30

Delhi High Court holds PRO-EASE and PRUEASE are not similar

No confusion between a sanitary pad and medicine designed for constipation relief. The Delhi High Court dismisses Appeal in Trademark Dispute Between RSPL and Sun Pharma. The court concluded that there was no likelihood of confusion between the two trademarks, PRO-EASE (of RSPL) and PRUEASE (of Sun Pharma) considering the distinct nature of the goods,…

202507.21
30

Product- to-Patent Mapping: A prerequisite for Proving Infringement!

The article discusses an Appeal (FAO(COMM)114/2024) in a Patent infringement case concerning two Patents pertaining to tamper-evident and tamper-proof lids. The commercial court had initially granted an injunction which it later set aside. The judgment addresses the correctness of the commercial court’s order setting aside the interim injunction and clarifies legal principles relating to patent…

202507.16
30

Trademark Parody – Laughing Matter or Legal Minefield?

In India, humour, parody, and satire have always been a big part of public conversations. They are great for challenging societal and political norms and speaking out against institutions, politics, and even big companies. In the context of parody and satire by stand-up comedians, in the case of Ashutosh Dubey Vs. Netflix Inc and Others1…

202507.14
30

Yamaha Secures “WR” trademark via Exceptional Circumstances Route

In a recent ruling Yamaha Hatsudoki Kabushiki Kaisha vs The Registrar of Trade Marks, Comm (Misc) 650 of 2022, the Bombay High Court has set aside the order of the Registrar refusing Yamaha’s ‘WR’ mark based on Honda Motor Company Ltd.’s “WR-V” trademark registered in class 12. The Court while setting aside the order emphasized…

202507.11
30

Relief Beyond Expiry? Delhi High Court Clarifies Patent Infringement Limits

Background The Plaintiff, Kabushiki Kaisha Toyota Jidoshokki (Toyota), Japan, filed a patent infringement lawsuit against LMW Limited (“defendant”) for alleged patent infringement related to Indian Patent IN759 titled “Fiber Bundle Concentrating Apparatus in Spinning Machine.” The plaintiff/Toyota sought to restrain the defendant from using and selling the defendant’s product Spinpact or any other product infringing…

202507.07
30

Amazon Tech Gets Breather as Delhi High Court Stays Damages Award

The Delhi High Court granted Amazon Technologies Inc. (Amazon Tech) a stay on the operation of the decree awarding ₹336,02,87,000/- (approx. US$ 390 Million) plus costs for trademark infringement, highlighting serious procedural irregularities, lack of pleadings and evidence against Amazon Tech, and improper enhancement of damages. The judgment primarily deals with an application by Amazon…

202507.04
30

Application of Section 3(d) on the Intermediate Pharmaceutical compounds

Background In an Appeal from refusal Order of a Patent Application the Delhi High court clarified that even for Intermediate chemical compounds, it is important to show enhanced therapeutic efficacy to overcome objection under section 3(d) and Inventive step of the Intermediate compounds. Intermediate compounds are the compounds which are generated during a chemical reaction….

202507.03
30

Delhi High Court Holds “algorithms” and “computer program” not Patentable

C.A.(COMM.IPD-PAT) 439/2022 The invention claimed in the patent application is a mere sequence of instructions stored in hardware without solving any technical problem or offering any technical advancement to the hardware. The article discusses an appeal filed by Kroll Information Assurance, LLC (Appellant) against the order of Controller General of Patents, Designs and Trademarks (CG)….