Article
Ratio decidendi
- Patents – Revocation petition is maintainable even if petitioner files statement taking defence of invalidity of suit patent, in an infringement suit filed by patentee – Delhi High Court
- Patents – Revocation petition can be filed or sustained (if already filed) after expiry of patent – Delhi High Court
- Trademarks – Late filing of opposition due to technical glitch in Trademark portal is not fatal – Delhi High Court
- Trademarks ‘INDI’ and ‘INDEED’ have phonetic, visual and structural similarity – Delhi High Court
- ‘INDI’ not a shorter version of ‘India’ or ‘Indian’ – AI results alone cannot be relied upon for this – Delhi High Court
- Trademarks ‘EZIO’ and ‘eZEO’ (modified to ‘Mahindra ZEO’) for electric vehicles – Absence of likelihood of confusion – Interim relief sought in favour of ‘EZIO’ rejected – Delhi High Court
- Trademarks – Objections in opposition proceedings do not survive when opponent’s mark abandoned – Delhi High Court
- Trademark ‘Tikhalal’ – Defence of Section 30(2)(a) [characterizing, descriptive of product] when not available – Bombay High Court
- Trademarks – Defence of bona fide and concurrent use under Section 12 when not available – Madras High Court
- Trademarks ‘India Gate’ and ‘Bharat Gate’ – Case of phonetic similarity, idea infringement and copying of prominent visual feature – Delhi High Court
- Publici juris must be examined by considering the whole mark vis-à-vis the goods – Delhi High Court
News Nuggets
- Trademark registration of carmaker Audi’s mark ‘Q6’ – Bombay HC sets aside rejection, and remands matter back to Registry
- Trademark ‘Schezwan chutney’ – Two major Indian business houses set for a court battle
- ‘Khadisaree’ misleading consumers and misrepresenting products sold under trademark ‘Khadi’
- Adoption of device mark with words ‘Green Diamond’ in case of prior user of word mark ‘Diamond’ for same goods, when is not bona fide
- Geographical Indications – 7 indigenous products of Andaman & Nicobar Islands receive GI tag
- ‘MARRIOTT’ declared a well-known mark in respect of the hotel, lodging and hospitality sector
- UK launches consultation over AI copyright law
- Popeye and Tintin are in public domain in USA from 1 January 2025
