Delhi High Court raises the threshold for trademark dilution suits

/ By / Trademark

In a surprising, yet welcome, judgment, Justice Ravinder Bhat of the Delhi High Court has rejected a suit for trademark infringement, without a trial, on the ground that it fails to disclose an adequate cause of action, despite the fact that both trademarks involved were the same i.e. ‘Kamadhenu’, albeit for different goods. The Order can be accessed here. The word ‘Kamadhenu’, a word derived from Sanskrit is used to describe the ‘mother of all cows’ in Hindu mythology. The […]

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Madras High Court dismisses Dr. Wobben’s appeal against the IPAB’s Order

/ By / Patent

Thanks to Sumathi and the India Kanoon website, we finally have access to a Madras High Court Order which sheds more details on the ‘big-ticket’ Enercon patent litigation taking place before the Intellectual Property Appellate Board at Chennai. The value of the dispute should be in the neighbourhood of $1 billion dollars making it one of the highest valued patent disputes in the country, dwarfing even the pharmaceutical patents by a substantial margin. The Madras High Court order reveals that

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Madrid System & Indian trademark owners – Part II

/ By / Trademark

                                          ESSENTIAL CONSIDERATIONS WHILE FRAMING THE TRADEMARK STRATEGY  REAL AND EFFECTIVE PRESENCE Madrid System requires both the applicant and assignee to have real and effective industrial or commercial establishment in the office of origin and countries intended to be designated. Hence, Indian trademark owners can take advantage of the System only if it shows real and effective industrial or commercial establishment in member states where protection is sought using the System. The creation of Intellectual Property Holding Companies (IPHC) can

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Madrid System & Indian trademark owners – Part I

/ By / Trademark

                                 The Trademarks (Amendment) Bill 2009, which aims at bringing Madrid Protocol into force, has been passed by both Lok Sabha and Rajya Sabha. For more see here. However, India is yet to become a member of Madrid Protocol. [For the list of  members as on September 17, 2010, see here.] In the light of passage of Bill by both the houses of Parliament and Cabinel approval to accede to the Protocol, India’s entry into the Madrid Protocol is imminent.

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Updates : Asked not to dial- Just Dial accuses Askme of Data Theft

/ By / Uncategorized

Earlier this year, I had reported the legal tussle between Just Dial and Infomedia 18 Limited. Just Dial had accused Infomedia 18 of copyright infringement with respect to the valuable database which has been a result of the extensive research carried out for 14 years,as Infomedia 18 had substantially copied its database and was displaying the same on its website askme.in. The Delhi High Court recognizing the significance and seriousness of the breach allowed an ex parte injunction and restrained

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Reckitt Benckiser (India) Ltd. v. Wyeth Ltd – A War ‘designed’ to be prolonged further?

/ By / Uncategorized

A decision pronounced by a Division Bench of the Delhi High Court comprising of Justices Sanjay Kishen Kaul and Valmiki J. Mehta appears to have had a significant impact in the world of designs and intellectual property law. Delivered on October 8, 2010, this judgment, titled Reckitt Benckiser (India) Ltd. v Wyeth Ltd. (FAO(OS) No. 458/2009), had sought to dispose of an appeal filed by Reckitt, against a judgment by a Single-judge Bench, wherein Reckitt’s petition to obtain an injunction

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SpicyIP Events: Roundup and Calendar

/ By / Uncategorized

This is by way of a quick reminder to let you know of the bunch of IP-related events you can be attending across India over the next few weeks, wherever you are — October 2010 If you’re in Chennai or Kolkata later this month, you may want to drop by the INTA seminar on trademark strategies, details of which you can read here. The Chennai seminar takes place on October 29, with a team of speakers guaranteed to stir up

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Intellectual Property Conclave 2010 by CCH India and Fidus Law Chambers

/ By / Uncategorized

CCH India is organizing a one-day Intellectual Property Conclave in collaboration with Fidus Law Chambers on November 12, 2010 in Mumbai. It is for the first time that an IP event has been visualised that is entirely focused on the industry and highlights four disparate but hot IP issues to which the statutory and legislative domain often has no answers. IPC 2010 is a great platform in the Indian region where leading international IP practitioners business leaders, IP experts and

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One click patent redux: Canadian Federal Court determines Amazons ‘one click’ method is patentable

/ By / Uncategorized

After spending a decade+ battle at the Canadian patent office and a patent review panel, the  Canadian Federal Court has overturned a patent commissioner’s ruling that Amazon.com could not patent its “one-click” order system designed for online shopping.Amazon.com had filed the patent application under consideration for a “Method and system for placing a purchase order via a communication network” in September 1998. Justice Michael Phelan of the Federal Court of Canada ruled that: [T]he question is whether a “business method” is patentable

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Roche-Natco @ Delhi HC- Natco continues arguments

/ By / Uncategorized

Yes, like yourselves, we were missing the Roche-Natco matter too, which accounts for today’s post, where we update you on the latest on what’s been happening at the Delhi High Court in the case. For those of you who are wondering what this is all about, I’d urge you to read our previous posts on the issue here, here and here. By way of a quick recap, Swiss-based drugs multinational F Hoffman La Roche is fighting Natco Pharma, and specifically,

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