BananaIP

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case
The Madras High Court allowed France Telecom’s writ petition, overturning orders rejecting its patent application due to procedural delays. The Court emphasized that errors by agents should not deprive applicants of statutory rights, directing the Deputy Controller of Patents to process the application as per the Patents Act, 1970.

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case In the case of France Telecom v. Union of India, the Madras High Court allowed France Telecom’s writ petition (“Petitioner”), setting aside the orders by the Deputy Controller of Patents and Designs (“Respondent”) that rejected its patent application examination request due to procedural d...

Not everyone's cup of coffee! Cothas Coffee sips a trademark victory
The Bengaluru Court ruled in favor of Cothas Coffee in a trademark infringement and passing-off suit, granting a permanent injunction against Defendants for using "COTHA." The case highlights the importance of trademark rights and adherence to legal agreements in competitive business practices.

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory In a trademark infringement and passing-off suit filed by M/S. Cothas Coffee Co. ("Cothas Coffee") against M/S. Cotha Associates and others (collectively "the Defendants"), the XVIII Additional City Civil Court, Bengaluru, ruled in favor of Cothas Coffee, granting a permanent injunction restraining....

Monster Energy falls short of "Energy for the 'Trademark' Journey"
The Madras High Court dismissed Monster Energy’s appeal against the refusal to register "Energy for the Journey" as a trademark, citing lack of distinctiveness. The Court upheld that generic or descriptive marks cannot be monopolized without evidence of secondary significance, allowing the appellant to reapply upon establishing distinctiveness through prolonged use.

Monster Energy falls short of “Energy for the ‘Trademark’ Journey” The Madras High Court in a recent ruling dismissed an appeal filed by Monster Energy Company ("Appellant") challenging a refusal of the Trade Mark Registry ("Respondent") to register the trademark "Energy for the Journey." The Court upheld the respondent’s order dated 19.02.2024, which cited Secti...