Bench:Nitin Jamdar
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Atotech Deutschland GmbH v.Grauer & Well (India) Limited
The Bombay High Court addressed a commercial appeal filed by Atotech Deutschland GmbH seeking urgent interim relief in a trademark infringement suit concerning its 'TRICHROME' mark. The initial refusal of the injunction was based partly on procedural delays. However, the Appellate Bench clarified that under the statutory scheme of the Trade Marks Act, 1999, immediate protection for registered trademarks should be prioritized over minor delays. Consequently, the appeal was disposed of with directions allowing Atotech to request an early hearing and have its ad-interim relief application reconsidered on its merits.
Cutis Biotech Thr.Its Sole Prop. v.Serum Institute of India Private
This Bombay High Court appeal addressed a dispute over the trademark 'Covishield' between Cutis Biotech and Serum Institute of India. Although both parties had pending applications for the mark, Cutis Biotech sought an interim injunction based on passing off. The court ultimately dismissed the appeal, finding that the balance of convenience did not favor the appellant, especially given the critical public health role of the 'Covishield' vaccine in ongoing vaccination drives.
Dhaval Diyora v.Union of India And Ors
The petitioner challenged the order passed by the Intellectual Property Appellate Board (IPAB) which had directed the Controller to issue a patent to Pfizer Products Inc. The petitioner argued that this order was passed without giving him an opportunity to be heard regarding his pre-grant opposition. The court dismissed the writ petition, finding the petitioner's conduct questionable and holding that the pre-grant opposition was not maintainable in law.
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