SpicyIP

JANUARY 1, 2024

The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? Controller of Patents declared that the subject invention had technical effects. The Court, stating that there could be no monopoly over ideas, refused to grant the injunction.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., M/S Asm Traders & Ors on 18 March 2024 (Delhi High Court ) The case centers on trademark infringement and passing off allegations brought by the Plaintiffs against the Defendants. Baxalta Incorporated v.

Trademark 52

Trademark Patent Copyright Confidentiality 52

The IPKat

MARCH 24, 2024

Many leading watchhouses are built on groundbreaking patented inventions, like Abraham-Louis Breguet’s tourbillion, Hans Wilsdorf’s waterproof oyster seal or Richard Mille’s tonneau-shaped timepieces [see here ]. Horology is however a market steeped in history with its own unwritten rules and customs.

IP 70

IP Marketing Marketing Reporting 70

Patently-O

AUGUST 3, 2023

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein. Most recently, Judge Stearns issued a claim construction order following a Markman hearing. See Phillips v.

Patent 97

Patent Patent Infringement Copying Technology 97

SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024. Eicore Technologies Pvt.

Trademark 59

Trademark Registration Invention Social Media 59

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof. Read on to know more.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. In light of the above, an ex parte ad interim injunction has been granted in favour of the plaintiff till the next hearing on September 30, 2024.

Trademark 59

Trademark Invention Licensing Patent 59

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Patently-O

MAY 2, 2024

Framboise opposed the registration, asserting likelihood of confusion with its previously used #TODECACHO design mark for various hair products such as shampoo and conditioner. ’ It provides a list of products and a specific date on which Framboise began using the #TODECACHO design mark in connection with those products.

Trademark 57

Trademark Designs Design Registration 57

SpicyIP

DECEMBER 30, 2023

Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Latika Dawara, Asst.

IP 124

IP Copyright Trademark Intellectual Property 124