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)….

Background Rainbow Children’s Medicare Limited (RCML), a well-known hospital chain based in Hyderabad specializing in paediatrics, obstetrics, and gynaecology faced infringement of its rights in the mark/name RAINBOW by a Bengaluru-based firm, Rainbow Healthcare (RH). The case was filed by RCML before Additional City Civil and Sessions Judge, Bengaluru, who eventually dismissed RCML’s application for…

C.A.(COMM.IPD-PAT) 44/2023- Delhi High court The article discusses an appeal filed by AbbVie Biotherapeutics Inc. and AbbVie Inc. (Appellants) at the Delhi high Court against the refusal of their Patent application (Application No. 201817047767) for an anti-cMet antibody drug conjugate by Assistant Controller of Patents and Designs. Background of the Case The appellants filed the…

TikTok Limited, a technology company operating a social media video application called TikTok, and despite its global outreach and immense popularity worldwide denied coveted well-known status in India. Facts and Background TikTok applied for declaration of its name as a well-known mark in India. The framework for determining whether a trademark is well-know is provided…

The Court holds not making copyrighted work available on unreasonable terms could amount to refusal. The court emphasised the balance to be drawn between the interest of the owner of the copyright in protecting their works and the interest of the public to have access to the works This interesting copyright case involves a petition…

Delhi High Court upholds prior rights of trademark holder ‘PLUTO’ in travel industry. In a recent decision, the Delhi High Court issued an interim injunction against PTW Holidays Private Limited, restraining them from using the mark “PLUTO TOURS” or any other mark deceptively similar to “PLUTO” or its associated device mark. The case stemmed from…

In a recent judgment, the Madras High Court dealt with a rectification petition filed by Heritage Foods (India) Limited (HFL), seeking cancellation of a trademark registered in Class 29 by Good Health Agrotech Pvt. Ltd. (Good Health). The dispute revolved around the use of the mark “HERITAGE” by both parties in the food industry. Background…

In a recent trademark dispute before the Madras High Court, the petitioner, Sri Ramachandra Educational and Health Trust (SREHT) secured an interim injunction to prevent Dr. Babasaheb Ambedkar Vaidyakiya Pratishthan Sanchalit (BAVPS) from using the mark “Shri Ramchandra” in the name of its medical institution. This case sheds light on the complex intersection of religious…

IHCL sought a declaration that TAJ is a well-known mark for hospitality services and presented comprehensive evidence to substantiate its claim The court concluded that TAJ qualifies as a well-known mark under Section 2(1)(zg) The mark’s expansive international footprint and substantial revenue generation reinforced its status The Indian Hotels Company Limited (IHCL) has recently secured…

In a recent ruling that reinforces the strength of prior use in trademark law, the Delhi High Court granted interim relief to FDC Limited in a passing off action against Palsons Derma Private Limited. The dispute centers on the alleged deceptive similarity between the plaintiff’s mark “KROMALITE” and the defendant’s mark “CHROMALITE”, both used for…

Background The fallout from the Azure litigation discussed in my earlier post https://rnaip.com/phonographic-performance-limited-ppl-stumbles-in-a-music-licensing-dispute/ has put PPL in a tight spot. The dispute started over royalty payments for sound recordings licensed to PPL. The Single Judge of the Delhi High Court ruled in favour of PPL and stopped Azure from playing PPL’s copyrighted works without a…

The case highlights the tension between the freedom of speech of social media influencers and the reputation rights of businesses. The case underscores the role of social media influencers in educating consumers about product quality and safety, while also emphasizing the need for accountability and transparency from businesses. Background San Nutrition Pvt Ltd (San Nutrition)…