Unimarks Legal Solutions’ Post

Identical Registered Trademarks: Passing Off Suit Maintainable Despite Section 28(3) of Trademarks Act   • Rajasthan High Court ruled that a passing off suit is not affected by identical registered trademarks and cannot be dismissed under Section 28(3) of the Trademarks Act, 1999.   • Section 28(3) applies only when identical or similar trademarks belong to the same class of goods or services.   • The appellant's trademark was registered under Class 30 (goods), while the respondent's was under Class 35 (services), making Sections 28(3), 29, and 30(2)(e) inapplicable.   • The right of passing off, protected by common law, remains unaffected by Section 28(3), as per Supreme Court precedent.   #TrademarkLaw #PassingOff #RegisteredTrademarks #Section28(3) #TrademarksAct1999 #RajasthanHighCourt #IntellectualProperty #IPR #TrademarkInfringement #CommonLaw #SupremeCourt #LegalPrecedent #TrademarkProtection #BrandProtection #Unimarks #UnimarksIPR

Indian Patent Office Rejects J&J's Patent Application for Pediatric Bedaquiline The Indian Patent Office has rejected J&J's patent application for the paediatric formulation of Bedaquiline, a drug used to treat multi-drug-resistant TB in children. This decision is a significant victory for TB activism and children suffering from TB in India, allowing for more affordable and accessible treatment options. India has an estimated 3.33 lakh children in the 0-14 years age group who become ill with TB each year, with many cases remaining undiagnosed. The rejection of the patent application was based on grounds of "lack of inventive steps" and "lack of any synergistic effect" in the drug. TB activists and survivors are now hoping that the government will improve diagnosis and treatment of TB in children, including the adoption of modern diagnostic tools and pooled purchase of anti-TB drugs. J&J had previously lost the patent case for the Bedaquiline salt used in adult formulation in 2023. The decision follows a pre-grant opposition filed by TB survivors and civil society organizations. #TBFreeIndia #AccessToMedicine #PatentRejection #Unimarks #UnimarksIPR

Delhi HC: Trademark registration doesn't eliminate prior common law rights established through actual use and goodwill   • Delhi High Court held that trademark registration doesn't negate prior common law rights gained through actual use and accrued goodwill.   • Dongguan Huali Industries Co. Ltd. sought an injunction against defendants using the 'HUALI' trademark.   • Defendants' adoption of the identical 'HUALI' trademark is seen as an attempt to deceive consumers.   • Plaintiff's prior usage rights challenge the validity of the defendant's registration.   • High Court observed potential consumer confusion and irreparable harm to the plaintiff's business. #TrademarkLaw #IntellectualProperty #CommonLawRights #GoodwillMatters #DelhiHighCourt #TrademarkRegistration #InjunctionGranted #ConsumerConfusion #IrreparableHarm #BrandProtection #BusinessLaw #LegalUpdates #Unimarks #UnimarksIPR

David Vs. Goliath Trademark Battle - McDonald's Loses Trademark Battle for "Big Mac" in the EU to Irish Chain Supermac's   • McDonald's lost the trademark for chicken sandwiches in the European Union to Ireland's Supermac's, ending a legal battle that began in 2017.   • The General Court ruled that McDonald's failed to prove consistent use of the "Big Mac" trademark for poultry products during the relevant period.   • This decision opens opportunities for Supermac's to expand into other EU countries with its chicken sandwiches under the "Big Mac" name. #DavidVsGoliath #TrademarkBattle #McDonalds #Supermacs #BigMac #EUTrademark #LegalBattle #GeneralCourt #PoultryProducts #TrademarkLoss #BrandIdentity #IrishChain #EUExpansion #Opportunities #Unimarks #UnimarksIPR #IPR

Delhi High Court Rejects Natco's Request to Vacate Interim Injunction in Novartis Patent Case   • The Delhi High Court denied Natco Pharma's request to vacate an interim injunction granted to Novartis for the patent of the compound Ceritinib.   • Novartis had obtained the interim injunction to prevent Natco from exploiting their patented invention covered under Indian Patent No. IN 276026.   • The Court held that the interim injunction was granted based on the validity of the patent prima facie and that Natco's arguments regarding a divisional application did not constitute a change in circumstances.   • The Court also clarified that the refusal of the divisional application does not extinguish the suit patent and that any exploitation of Ceritinib would amount to infringement of the suit patent.   • This judgment reinforces the protection of innovators' rights and encourages securing intellectual property in India. #DelhiHighCourt #NatcoVsNovartis #InterimInjunction #CeritinibPatent #PatentLaw #IntellectualPropertyRights #LegalDispute #IndianPatentLaw #PatentInfringement #CourtRuling #IntellectualPropertyProtection #NovartisPatentCase #PatentValidity #LegalBattle #NatcoPharma #PatentProtection #InnovatorsRights #IPPLaw #LegalJudgment #IntellectualPropertyRightsIndia #IPProtectionIndia #Unimarks #UnimarksIPR

Madras High Court interprets Section 3(c) of the Patents Act, 1970 in Genmab A/S case   • The Madras High Court interpreted Section 3(c) of the Patents Act, 1970 in the Genmab A/S case.   • The court held that non-living substances occurring in nature or isolated from nature are not eligible for patents.   • However, a synthetic version of a substance that rarely occurs in nature and is required to be produced in large quantities for the treatment of serious illnesses is not excluded from patent eligibility if other criteria such as novelty or technical advancement are satisfied.   • The court distinguished its interpretation from that of the Delhi High Court in Diamond Star Global Sdn. Bhd. v. Joint Controller of Patents and Design.   • The court also discussed Standard 25 established by WIPO for filing sequences and held that the Controller's conclusion that the claims pertain to the discovery of an antibody or non-living substance occurring in nature cannot be supported solely because the organism in the sequence listing is Homo sapiens. #MadrasHighCourt #PatentsAct1970 #GenmabASCase #Section3cInterpretation #PatentEligibility #NatureSubstances #SyntheticVersions #PatentLaw #WIPOStandards #PatentCriteria #TechnicalAdvancement #DelhiHighCourt #DiamondStarGlobal #WIPOGuidelines #AntibodyPatents #LegalInterpretation #PatentDispute #IntellectualProperty #CourtRuling #LegalPrecedent #PatentLawUpdate #Unimarks #UnimarksIPR

Court restrains Basketball Federation of India amid contract dispute   • The Karnataka court has restrained the Basketball Federation of India (BFI) from pursuing any further tenders for running a professional league until June 10, 2024.   • BFI's unilateral publication of a new tender on May 27, 2024, violated its existing contract with Captains Professional Basketball League (CPBL).   • CPBL had been awarded the tender to manage a professional basketball league and organize events to promote the sport in India.   • CPBL launched the INBL Pro in Delhi on May 10, 2024, with international stars participating in an exhibition match.   • The court's order provides time for both parties to address the breach of contract allegations and potentially renegotiate terms. #CourtRestrainsBFI #ContractDispute #CPBLvsBFI #ProfessionalBasketballLeague #LegalRestriction #KarnatakaCourt #TenderDispute #BreachofContract #INBLPro #BasketballIndia #CPBLvBFI #LegalBattle #SportsLaw #ContractViolation #BasketballEvents #LegalOrder #SportsNews #JudicialIntervention #NegotiationOpportunity #Unimarks #UnimarksIPR

Delhi High Court Dismisses Forgery Case Against Colgate-Palmolive   • Delhi High Court quashed a forgery case filed by Anchor Health and Beauty Care against Colgate-Palmolive and its directors.   • The case involved allegations of forgery related to trademark registration documents for toothpaste packaging.   • Anchor claimed that Colgate fabricated a certificate of registration and its certified copy, while Colgate attributed discrepancies to errors by the Trade Marks Registry.   • The court held that the complaint could not be sustained as it involved two separate offenses, one requiring a mandatory court complaint and the other not and set aside the summoning order. #DelhiHighCourt #ForgeryCase #ColgatePalmolive #TrademarkRegistration #AnchorHealth #LegalVictory #TrademarkDispute #CourtRuling #ForgeryAllegations #LegalBattle #TrademarkLaw #TradeMarksRegistry #LegalDecision #DismissedCase #TrademarkForgery #JusticeServed #LegalNews #Unimarks #UnimarksIPR

Delhi High Court orders Muzaffarpur school to stop using Jaipuria trademarks   • Delhi High Court has granted an ex parte injunction against a school in Muzaffarpur, Bihar, for violating the trademark of the Jaipuria Group.   • The school was using the trademarks 'Jaipuria International Schools' and 'Seth MR. Jaipuria School' without authorization.   • The Jaipuria Group had earlier granted a franchise to the school to use the trademarks but terminated the agreement due to breaches.   • The court has directed the school to remove the 'Jaipuria' mark from its name and premises by July 15, 2024. #DelhiHighCourt #JaipuriaGroup #TrademarkInfringement #MuzaffarpurSchool #JaipuriaTrademarks #LegalAction #FranchiseAgreement #CourtOrder #IntellectualProperty #EducationNews #SchoolTrademark #TrademarkViolation #JaipuriaLawsuit #Unimarks #UnimarksIPR