Blogs

Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?

16th July, 2012 - 5:36 am Categories: IP Practice in India News & Updates Patent Litigation

This article relates to a recent judgement of IPAB on 12’th July 2012 on revocation of an Indian Patent IN 195937, wherein certain interesting aspects relating to developing standards for revocation under Section 8 of the Indian Patent Act, 1970 have been discussed and put forth, quite strongly!! Case Summary: In summary, the case relates … Continue reading Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?

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India simplifies Process of filing PCT National Phase Applications

14th July, 2012 - 1:09 pm Categories: IP Practice in India News & Updates

In a promising move by the Indian Patent Office (IPO), the Controller General of Patents, Designs and Trademarks (CGPDT) has issued new instructions for filing PCT National Phase Applications in India. The public notice was issued on July 02, 2012 and is in force since July 06, 2012. The copy of the notice can be accessed … Continue reading India simplifies Process of filing PCT National Phase Applications

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Inherent Anticipation: In re Montgomery

3rd July, 2012 - 6:04 pm Categories: Patent Litigation

The Federal Circuit in this case addressed the issue of anticipation by inherency in the context of method of treatment claims. The panel affirmed that a claim to ‘a new use for a known compound’ was inherently anticipated by a reference which disclosed a plan for a proposed clinical trial that had not been carried … Continue reading Inherent Anticipation: In re Montgomery

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Let’s Google it !

3rd July, 2012 - 6:00 pm Categories: Trademark Litigation

David Elliot, from Arizona, owned 750 websites with domains like ‘googlegaycruises.com’ and ‘googledonaldtrump.com’ among many others. His argument was that he needed to use the word ‘google’ because he was developing an internet based business that will promote charity, commerce, community, relationships, personal health etc. He further stated that he did not register the domain … Continue reading Let’s Google it !

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Passing Off Action by Mid-Size Foreign Companies Having Unregistered Marks in India

2nd June, 2012 - 5:13 am Categories: Trademark Litigation

There are often cases that we undertake for representation, wherein the cases relate to enforcement of trademarks by/of mid-sized foreign corporations that have not been filed and/or used in India against Indian companies that have deceptively used their marks thereby constituting misrepresentation, which might amount to passing off. Rupkatha and Poorva, interns at Khurana & … Continue reading Passing Off Action by Mid-Size Foreign Companies Having Unregistered Marks in India

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Removal from Trademarks Register Due to Non-Use

19th May, 2012 - 11:22 am Categories: IP Practice in India Trademark Litigation

Is using and/or commercializing a registered Trade Mark really necessary in India or is simply sitting over it and renewing the same periodically enough to maintain the mark and gain from the protection it accords. Poorva Khandekar, an intern at Khurana & Khurana and 4’th year law student from KIIT Law School, Bhubaneswar explores the … Continue reading Removal from Trademarks Register Due to Non-Use

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Viacom vs. YouTube

22nd April, 2012 - 6:00 am Categories: Copyright Litigation

Technology seems to have found its place in the courtrooms also, these days. Viacom, an American global mass media company, sued YouTube, a video-sharing site owned by Google on the basis that YouTube had indulged in rampant intentional copyright infringement of videos which were originally owned by Viacom. This suit was for a mind boggling … Continue reading Viacom vs. YouTube

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Gucci vs. Guess

12th April, 2012 - 10:08 am Categories: Trademark Litigation

Copying has become quite common in today’s times, and especially when a lower priced product or a small company imitates an expensive brand. However, a trademark infringement fight between two top most fashion brands is not something that we usually see. Back in 2009, Gucci sued Guess for trademark infringement over the stylized initial “G”. … Continue reading Gucci vs. Guess

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First Compulsory License Grant in India to Natco

31st March, 2012 - 1:58 pm Categories: IP Practice in India News & Updates Pharma/Biotech Patent Litigations

The Controller General of India passed an order of compulsory license (CL) against Bayer’s patent on drug Nexavar on March 09, 2012, which is India’s first compulsory license and is resulting from India’s first CL application filed by Natco last year which was reported and discussed by us. The complete CL order is available at … Continue reading First Compulsory License Grant in India to Natco

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MORGARDSHAMMAR AB Vs. MORGARDSHAMMAR India Pvt. Ltd.

2nd March, 2012 - 6:04 am Categories: Trademark Litigation

Recently, the Honourable High Court of Delhi has restrained Modi Group’s MORGARDSHAMMAR India, a rolling mill equipment manufacturer, from using the MORGARDSHAMMAR trademark. The Court has granted Plaintiff MORGARDSHAMMAR AB a decree of permanent injunction against use of its trademarks or trade name by the defendants MORGARDSHAMMAR India. Justice A.K. Pathak issued a restraining order restraining India’s … Continue reading MORGARDSHAMMAR AB Vs. MORGARDSHAMMAR India Pvt. Ltd.

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