Bombay HC Says Patent Rejection Cannot Rest On Bald Common Knowledge Claim, Remands Deepak Nitrite Case

The Bombay High Court on 6 July held that the Controller of Patents cannot reject a patent application by relying on “common general knowledge” unless the source of such knowledge is identified and it is established that the knowledge existed before the application's priority date. Justice Arif Doctor set aside the order passed by the Assistant Controller of Patents and Designs rejecting Deepak Nitrite Limited's patent application for a free-flowing food grade sodium nitrite and its production...

Delhi High Court Issues Notice On Google's Appeal Against Order Restraining Use Of 'Hindware' As Ad Keyword

The Delhi High Court on Friday issued notice on Google's appeal against a single judge's order that restrained it from allowing "Hindware" to be used as a keyword trigger for rival advertisements on its search platform, and that awarded ₹30 lakh in damages against the company.A Division Bench of Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora heard Google's plea while issuing notice, and directed that the appeal be treated as the lead matter in a batch of connected pleas.The appeal...

Delhi High Court Dismisses boAt's Second Bid to Restrain 'BOULT' Wordmark

The Delhi High Court has dismissed boAt owner Imagine Marketing Pvt. Ltd.'s second interim injunction application in its pending trademark suit against Exotic Mile, holding that the company was effectively seeking the same relief on the same facts that had not been granted earlier. Justice Jyoti Singh observed that the earlier order was unambiguous in limiting the injunction to certain device marks. Since boAt had not sought any clarification or modification or appealed that part of the...

Delhi High Court Questions Invoking Personality Rights Over Investment Scammers Using AMC CEO's Photo

The Delhi High Court on Thursday questioned whether the alleged misuse of an Asset Management Company's CEO's photograph in an investment scam could be pursued as a personality rights claim, observing during the hearing that the allegations appeared to concern impersonation. Justice Jyoti Singh made the observation while hearing a suit filed by Aditya Birla Sun Life AMC Limited against unidentified persons allegedly operating fraudulent WhatsApp investment groups. Counsel for the company...

Bombay High Court Orders Takedown Of Content Infringing Actor Preity Zinta's Personality Rights

The Bombay High Court on Wednesday directed Google/YouTube, X and Meta to remove or block access within 72 hours to the URLs identified in actor Preity Zinta's suit as infringing her personality rights, excluding one URL listed in the plaint. The direction came in a suit alleging unauthorised use of her identity through AI-generated deepfakes, chatbot personas, GIFs and merchandise. Justice Madhav J. Jamdar held that the material placed on record made out "a very strong prima facie case". ...

Delhi High Court Restrains Hind Enterprises From Using 'EASTHRON' Mark For Similarity With 'EASTMAN'

The Delhi High Court on 3 July restrained Hind Enterprises, a Haridwar based battery seller, from using the trademark “EASTHRON,” holding that the mark was prima facie deceptively similar to Eastman Auto and Power Limited's registered “EASTMAN” trademark and trade dress. Justice Anup Jairam Bhambhani observed that the plaintiff had “made-out a prima facie case in its favour and against the defendants” and that the balance of convenience also favoured the plaintiff, as “irreparable harm and...

Delhi High Court To Order Takedown Of Content Misusing Cricketer Abhishek Sharma's Personality Rights

The Delhi High Court on Thursday indicated that it will pass interim orders in the personality rights suit filed by cricketer Abhishek Sharma, directing takedown of infringing content found to be misusing his persona.Justice Jyoti Singh was hearing the matter today in which the cricketer had earlier filed an application seeking the removal of unauthorised posts and listings across social media and e-commerce platforms that use the cricketer's name, image, and persona for commercial purposes.At...

Delhi High Court Orders Crocs To Pay ₹24.63 Lakh Costs To Bata After Design Registration Was Cancelled

The Delhi High Court on Wednesday directed Crocs Inc. USA to pay ₹24.63 lakh in litigation costs to Bata India Ltd. after a design infringement suit filed by the footwear company was rendered unsustainable following the cancellation of its registered design for lack of novelty. Justice Prathiba M. Singh noted that courts had repeatedly held that Crocs' registered design was not novel and, applying the principles governing costs in commercial litigation, directed the company to reimburse Bata's...

Madras High Court Restrains Online Piracy Of Idhayam Murali Ahead Of Release

The Madras High Court has granted ad interim injunctions restraining internet service providers and cable TV operators from infringing the copyright in the Tamil film Idhayam Murali, which is scheduled to release on July 10. Justice K. Kumaresh Babu passed the common order on two applications filed by Dawn Pictures Private Limited, the producer of the film, in a suit seeking remedies against apprehended copyright infringement. "In matters of this nature, it is likely that irreversible injury...

Karam Industrial Works Gives Up 'K.I.W.' Trademark, Delhi HC Records Settlement In K.W. Mark Dispute

The Delhi High Court has recorded a settlement between K.W. Enterprises and Karam Industrial Works under which Karam Industrial Works agreed to give up the "K.I.W." trademark and label used for goods covered under trademark Class 12, which includes vehicles and related goods. It also agreed to surrender its copyright registration over the artistic work in the label and consented to its cancellation. In return, K.W. Enterprises gave up its claims for damages, costs, and delivery of infringing...

Delhi High Court Restrains Traders From Using 'Beauty Of Joseon' Trademark And Trade Dress

The Delhi High Court on 2 July granted an ex parte ad interim injunction restraining traders from using GoodAI Global Inc.'s trademark and trade dress associated with its "Beauty of Joseon" skincare brand, and directed Amazon Seller Services to de-list the impugned products. Justice Anup Jairam Bhambhani observed that the plaintiff had “succeeded in making out a prima-facie case for issuance of an ex parte ad interim injunction... for infringement by defendants Nos. 1 to 3 of the...

Delhi HC Rejects Intra-Cellular Therapies' Patent Appeal, Holds Bioavailability Alone Insufficient

The Delhi High Court on 6 July upheld the order of the Controller of Patents and Designs dated 27 April 2023, which had rejected the patent application filed by Intra-Cellular Therapies Inc. for “Organic Compounds” on the ground that the claimed invention lacked novelty. Justice Tushar Rao Gedela dismissed Intra-Cellular Therapies Inc.'s appeal against the rejection of its patent application for deuterated organic compounds used in treating psychiatric disorders, holding that the claimed...