News
Trademarks – German origin word which is not indicative of business, is not generic
26 May 2017
Taking note of the fact that plaintiff had acquired a distinctive reputation and goodwill of its own under the trade names “ASIAN HAUS” and “SUSHI HAUS” for its food delivery outlets, Delhi High Court has restrained the defendants by an interim injunction from using the name “HAUS” for latter’s food delivery outlets in the name of “Curry Haus”.
Patents – Correction under Section 78
26 May 2017
Delhi High Court has set aside the ‘deemed to be withdrawn’ status of a patent application and restored the Indian National Phase application.
Vacation of interim injunction on basis of non-binding undertaking, not correct
26 May 2017
A Division Bench of the Delhi High Court on 12 April 2017 has set aside the decision of the Single Judge Bench wherein the latter had vacated the earlier ex-parte interim injunction granted in favour of the Plaintiffs in a designs infringement case.
ITC on goods used in construction of silos, available
25 May 2017
Allahabad High Court has upheld the view of the Tribunal that input tax credit on MS Sheets utilized for construction of silo is available.
Valuation – Rejection of value when not sustainable
25 May 2017
Finding the reasons such as the importer had used the name of another firm to avoid sales tax, imports were made from trader and not from manufacturer, and the value declared was even less than the value of steel scrap, as not relatable to value of goods, CESTAT Delhi has allowed the appeal of the importer.
GST rates and 7 Rules approved by GST Council
25 May 2017
Schedule containing rates of GST for both goods and services and the revised draft of 7 procedural GST Rules have been placed by the CBEC in public domain.
Manufacture – Cutting of old tyres to produce pieces is not manufacture
25 May 2017
Larger Bench of the Delhi High Court has answered in negative the question as to whether the process to which used and old tyres are subjected to produce two or more pieces of cut tyres is ‘manufacture’ within the meaning of Section 2(f) of the Central Excise Act, 1944.
Design – Each component of design need not be tested for originality and novelty
16 May 2017
The plaintiff, a manufacturer of plastic insulated products claimed infringement of the registered design of its water bottle ‘PURO’ with a two-tone colour scheme, flip top and unique surface pattern and that the ‘Kudoz’ bottles sold by the defendant would mislead the public into thinking they were products of the plaintiff.
Use of a descriptive of services as trademark eligible for IP protection
16 May 2017
The plaintiff was the proprietor of the registered label marks comprising the word “Darzi” and was using the same for providing tailoring services. The defendants on the other hand were using the mark “Darzi on call” also for tailoring services.
Production bible of TV show without novel elements is not a copyrightable work
16 May 2017
The plaintiff claimed that its copyright in the format/elements of a reality show to identify children with acting talent was infringed by the defendant who had also produced a show aimed at identifying talented children.