N.Solomon v. S.A.Safiullah and The Controller of Patents Patent Office

Syngenta Participations AgvsController Of Patents And Designs

Syngenta appealed the rejection of its patent application (No. 872/DELNP/2011) for 'Crop Safeners' by the Deputy Controller of Patents & Designs. The primary objection was the lack of specification regarding the ratio of constituents and novelty issues. The High Court found that the suggested amendments could address the non-specification issue and remanded the application for a fresh hearing.

Ved PrakashvsSamir Kumar And Ors.

The Delhi High Court addressed an interim injunction application concerning the use of the trade mark 'CMCS' in computer training. The plaintiff, Ved Prakash, sought protection against defendants who were using a similar mark. However, the court noted that the mark was essentially the abbreviation of a pre-existing Government Undertaking operating in the same field. Given this prima facie evidence suggesting piracy by the plaintiff, the application for injunction was dismissed, though the defendants were directed to maintain proper accounts.

J. B. Chemicals And Pharmaceuticals LtdvsMahendra Singh And Anr

The Delhi High Court granted an interim injunction in favor of J. B. Chemicals And Pharmaceuticals Ltd against Mahendra Singh and Anr regarding trademark infringement. The Plaintiff, owner of the 'BIZFER' marks for pharmaceutical products, successfully argued that the Defendants' use of the similar mark 'VIZFER' constituted deceptive similarity. Given the potential negative ramifications for public health and safety due to the alleged unauthorized use in the pharma sector, the court restrained the Defendants from manufacturing or marketing the impugned mark until further hearing.

Novo Nordisk A/SvsDr Reddys Laboratories Limited & Anr.

Novo Nordisk appealed a rejection of its interlocutory injunction application regarding the import and sale of Semaglutide, claiming infringement of its patent. The court dismissed the appeal, noting that the suit patent was set to expire shortly, but also found prima facie evidence suggesting the suit patent could be challenged for obviousness based on prior art (Genus Patent IN'964).

M/S. Nichino Private LimitedvsThe Registrar of Trademarks

The Madras High Court overturned the Trademark Registry's refusal to register the word mark 'METAMORPH' in Class 5 (pesticides/herbicides). The court found that the Registrar erred by assuming prior long-term use of a cited mark, especially since that application was initially filed on a 'proposed to be used' basis. The judgment mandates the Registry to re-examine the case, considering the appellant's claims regarding non-similarity and potential entitlement under Section 12 of the Trademarks Act.