Edison v. Edison Polyform Mfg. Co. 67 A. 392 (N.J. Ch. 1907) In the present case, the Plaintiff was the inventor of electrical instruments and processes and had a huge reputation. He once made a medication for neuralgic pains. Some individuals purchased the rights to the formulation of that medicine for US$ 5000. On November…
Recently, the Supreme Court of United States held that marks which are generic when combined with a top-level domain name may qualify as registrable marks provided the consumers do not consider them to be generic. The decision is in USPTO v. Booking.com B.V.. By an 8: 1 majority the matter has been decided against USPTO….
Edgar Rice Burroughs Inc v OHIM (R708/2006-4) Board of Appeal Date of decision: 27th September, 2007 In 2004, the Applicant applied for registration “The Tarzan Yell”[1] through a sonogram. The sonogram/proposed sound mark is depicted herein below: The examiner did not consider the sonogram as an acceptable ‘graphical representation’ of a sound mark and relying…
UPDATED: Mr. Ramanbhai Mathurbhai Patel vs. State of Maharashtra & Anr., Cr. Writ Petition No. 2362/2014 (Bombay High Court, August 25, 2014) which discusses the landmark Dashrath Singh judgment delivered by Supreme Court on August 1, 2014.
Imperial Tobacco Co. of India Ltd. v. Registrar of Trade Marks and Anr. AIR 1968 Calcutta 582 Brief facts: The Appellant applied for Registration of the mark “Simla” under Part A of the Register. A Show Cause Notice was issued to the Appellant stating that the word “Simla” is a geographical name and registrable only…
SEASON 1 BONUS EPISODE – 3rd August, 2020 On the fine morning of 2ndof August 2020, Mr. Ankit Rastogi woke me up from my bed, to discuss not so much of a eureka moment. He wanted me to provide him an off the cuff patentability analysis of the invisibility band used by Mr. Arun Verma…