HIGH COURT DECEMBER 2023 WEEKLY ROUNDUP| Stories on New Balance Athletics; WOW Momos; Prestige Cookers; Matrimonial Disputes and more
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Madras High Court
Madras HC remands patent application on ‘Aluminum Trihydrate Particles’ for reconsideration; finds Controller’s order unreasoned
While drawing the conclusion that the application does not fulfil the requirements of Section 16, the respondent has merely referred to the objections raised in the hearing notice.
Madras HC injuncts Nirlon Kitchenware from infringing and passing off Prestige’s lid from its Svachh series of pressure cookers
Madras High Court said that the lids were identical as the design was one and the same and added that the Prestige was in the market of manufacturing pressure cookers for a long time and their trade mark is well known and their turnover was huge
HIGH COURT DECEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity Leave to Contractual Employee; Marital Rape; Booking.com vs MMT; Appointment of Law Officers and more
A quick legal roundup to cover important stories from all High Courts this week.
Controller failed to identify basis for concluding non-disclosure: Madras HC directs to proceed application for grant of patent
Madras High Court said that the appellants have given complete specifications which also capture the results of the evaluation of the claimed invention against the parameters of penetration, nutrient permeability and root penetration test.
[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use
“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”
Reservation is not required to be provided while appointing Law Officers by Government: Madras High Court
The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant
[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks
Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.
Vigilance Committee should be cautious while conducting enquiry for granting or cancelling community certificate; Madras HC remands matter for reasoned order
Madras High Court said that the grant of community certificate or cancellation of community certificate would have a larger repercussion and will affect the future generation of the family
Madras HC directs Registrar to cancel trade mark registration granted to Khoday breweries for ‘Red and White’, being similar to well-known mark of Godfrey Phillips
“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”
Inside Madras High Court’s verdict in 1997 Disproportionate Assets case against former Minister of labour welfare A.M. Paramasivam and his wife
Madars High Court held that having obliged her husband to keep the ill-gotten income other than the known source of income, by lending her name for purchase of properties both in her name and in the name of her minor children, showing her as guardian, she is guilty of abetment under Section 109 of IPC.
Whether expression “any application for grant of a patent for an invention” in S. 39 (1) applies to a patent of addition? Madras HC answers
“The application for grant of a patent of addition cannot be filed earlier than the date of filing of the application for grant of patent for the main invention; it cannot be granted before grant of the patent for the main invention; the term of the patent of addition shall not exceed that of the main invention, even if granted later than the main invention”
Madras HC directs IRDAI to place AYUSH treatment on a par with allopathic treatment; Asks it to direct insurance companies to reimburse insurance amount on equal scales
“Traditional treatment must also be encouraged, and it must get the same weightage as is given to allopathic treatment”
‘Not a case which would fall under the ‘rarest of rare’ category’: Madras HC commutes death sentence of father who raped his daughter
“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”
Decoding Madras HC verdict in PG Medical Seat Scam which denied admission to 28 students selected on merit by CENTAC
Medical profession deals with life of people and any compromise on merit would have a delirious effect
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Can the age of ink be determined? Bombay High Court explains
While relying on the Madras High Court’s decision, Bombay High Court opined that there was no justification to take up a futile attempt to find out the age of ink on the instrument under question.
Women cannot be presumed to have disowned their residential rights at parental home after marriage: Madras High Court
“A choice and will of a woman to exercise residential choice at her natal home should not be viewed through patriarchal prism to deny her the residential status there”
[RSS Route March] Supreme Court directs TN Government to submit proposal before Madras HC on allowing future route marches without Court’s intervention
Tamil Nadu Government had agreed before Supreme Court that it would allow RSS to hold marches in various districts across the state. Accordingly, the Court asked RSS to submit the proposed routes to the State within 3 days and the State to take a decision on the routes by 15-11-2023
HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity leave to surrogate mother; 1999 rape & murder case; TN Online Gaming Act; and more
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