Garrigues Blog

JANUARY 12, 2022

In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

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SpicyIP

AUGUST 12, 2024

Taking a Look at Lupin’s Colour TM Application for its Inhalers Image from here On Lupin’s recent colour trademark registrations for its inhalers, Md Sabeeh Ahmad. Sabeeh highlights how these registration can extend Lupin’s monopoly and could affect million’s right to access these essential medicines.

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SpicyIP

DECEMBER 12, 2022

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. Louis Vuitton Malletier v. Capital General Store and Anr. on 2 December, 2022 (Delhi High Court). Image from here. 2) to be present on February 2 for sentencing.

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Patent Trademark Blog

JUNE 8, 2023

Need a new patent attorney? What are some excuses that do not justify changing your patent lawyer? The patent application process is inherently challenging. treats the procurement and enforcement of patents, so certain things may simply be out of your patent lawyer’s control.

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SpicyIP

JULY 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). The matter was remitted by the Court for fresh consideration by a different Patent Controller.

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Patent Trademark Blog

DECEMBER 13, 2023

Ideally, you want to build IP rights with both utility and design patents. A utility patent, though broader, can take years to obtain. In the meantime, design patents are quicker and cheaper to obtain. Furthermore, design patent applications enjoy a high rate of success with an approximate 84% approval rate.

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Design Patent Patent Design Designs 52

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. alleging infringement of its “Improved Earpiece” patent.

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LexBlog IP

MARCH 6, 2023

Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. Patent No.

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Patent Trademark Blog

NOVEMBER 30, 2023

You will need to show your two-dimensional trademark on a three-dimensional product if you decided to apply for a design patent. How do you avoid limiting your design patent to a single article of manufacture? Astute readers will promptly recognize a design patent limitation absent in trademark registrations.

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SpicyIP

SEPTEMBER 25, 2023

on 15 September, 2023 (Delhi High Court) Delhi High Court cancelled the registration of the defendant’s mark owing to prior use of the similar mark by the plaintiff. Other Developments Delhi High Court records evidence by live transcription in patent infringement suit.

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Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. When your product contains unique functional features, apply for a utility patent. How long will it take to get a utility patent?

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IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Both treaties were established during diplomatic gatherings in Madrid, Spain.

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Patent Trademark Blog

MAY 11, 2022

File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product. Copyright registration may be an option for certain creative works that contain sufficient originality.

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More Than Your Mark

NOVEMBER 30, 2018

The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.”

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LexBlog IP

APRIL 14, 2022

A patentability search allows a patent practitioner to better understand the scope of the state of the art, the level of skill of a person in the art, and the potential for obtaining a peiroatent registration that protects the new and useful process, machine, manufacture, or composition of matter.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Federal trademark registration is the strongest form of protection, as it is nationwide in scope and gives potential infringers constructive notice by virtue of being published in the Trademark Register. Patent Prosecution. A patent applicant’s planned use of the claimed invention thus has no bearing on its patentability.

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SpicyIP

JULY 23, 2023

We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. million in damages to Constellation Designs LLC for infringing its patents in NextGenTV.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Anything we are missing out on? Please let us know in the comments below.

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IIPRD

OCTOBER 17, 2022

the plaintiff opened an art gallery in the virtual game world with the assistance of Second life, called “SLART” and obtained a trademark registration. Patent Infringement. Metaverse is based on various patentable technical infrastructures, including AR, VR, cloud computing, etc. Liden Research, Inc. ,

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SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines. Khimji Dayabhai Co.”,

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SpicyIP

NOVEMBER 21, 2022

The Plaintiff has registrations over the marks ‘Purva’, ‘Purvankara’. Controller General of Patents Designs and Trade Marks launches IPO Grievance Portal. Opposition filed against a patent application which claims AI to be the inventor. Origin of Bocadillo Veleño rfrom Colombia recognized by the European Union.

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IP and Legal Filings

SEPTEMBER 13, 2022

Hence, the software has to be a new invention to be patentable. Hence, the need for patenting software arises. The owner can easily replicate and distribute the original work through copyright registration, however, a patent for an invention cannot be obtained once disclosed to the general public or made available in the marketplace.

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SpicyIP

MARCH 25, 2024

The Controller Of Patents on 15 March 2024 (Delhi High Court ) The appeal challenged the order rejecting the Appellants’ patent application under Section 15 of the Patent Act, 1970, for lack of novelty and inventive steps compared to prior art. Baxalta Incorporated v.

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SpicyIP

SEPTEMBER 29, 2024

Providing the evidence of its trademark registrations, extensive marketing campaigns and distinctive red-and-white trade dress, it claimed to have garnered significant consumer recognition, including celebrity endorsements. Despite this, they were accused of continuing to infringe on the copyright. Rohit Kumar Dhaka & Anr.

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Kashishipr

MARCH 16, 2022

Irrespective of what may be described by an invention or innovation, a patent only protects what is claimed, i.e., what is written in the patent claims or numbered sentences at the end of a Patent Application. In general, patents last for twenty years from the date of filing (it may vary from one country to another).

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SpicyIP

APRIL 30, 2023

On the other hand, the defendants disputed the legitimacy of the assignment deed and the registration of the mark and further tried to discredit the applicant of the mark as a proclaimed offender. Delhi High Court dismisses a rectification petition against the registration granted to “Burger King.”

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SpicyIP

JULY 5, 2021

However, he concludes that the recent stand of the Delhi High Court highlights that the judgment does not reflect an absolute bar over the arbitrability of disputes concerning trademarks, but rather it imposes a limitation only in relation to those matters which are concerned with the grant or registration of trademark. Thematic Highlight.

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SpicyIP

JANUARY 23, 2023

Other Posts COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna.

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Intepat

OCTOBER 6, 2024

Challenges of Patent Enforcement in a Globalized World: While globalization offers opportunities for expanding patent protection, it also presents challenges, particularly in enforcing patents across different legal systems. It facilitates digital currency like Bitcoin. trillion to $6.2

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Patent Intellectual Property Inventor Technology 52

SpicyIP

AUGUST 2, 2021

In Part II , I looked at the amendments suggested to the procedural aspects of the Patents Act, which captures the Committee’s intention to direct changes that would increase patent filing in the country. The various reforms concern the patent application exam and the creation of specialized ADR forums for IP cases.

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SpicyIP

FEBRUARY 10, 2025

Interestingly, the defendants firm was founded by one of the employees of the plaintiffs firm, who had also filed an opposition to the trademark registration of BASANT by the plaintiff, but amicably settled later. International IP Developments Nokia secures injunction against Amazon over streaming patent infringement in German court.

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