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Founded in 2004, BananaIP Counsels is a Woman-Run intellectual property law firm based in India, with a focus on technology-oriented and business-relevant IP services. Originating from the NSRCEL at IIM Bangalore as Brain League IP Services, the firm has evolved into an established entity in the field of intellectual property, particularly recognized for its work across diverse technology sectors.

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The information, posts, or content shared are intended solely for general informational and knowledge-sharing purposes. They do not constitute legal advice, nor are they intended to create an attorney-client relationship. You are encouraged to conduct your own review and due diligence before relying on any information provided. Please note that this content is shared to support knowledge development and is not intended to solicit legal work or services. For advice specific to your circumstances, consult a qualified legal professional.

"ACTIV" Trademark watch by CASTROL leads to win against deceptively similar mark The Delhi High Court granted Castrol Li...
27/12/2024

"ACTIV" Trademark watch by CASTROL leads to win against deceptively similar mark
The Delhi High Court granted Castrol Limited a permanent injunction and Rs. 7 lakh in damages in a trademark and copyright infringement case against Vivek Sen and another defendant. The defendants were restrained from using marks deceptively similar to Castrol's trademarks, with evidence showing deliberate consumer misdirection.

In a dispute between Castrol Limited ("Castrol") and Vivek Sen, trading as Tridev Auto Parts, along with another defendant, the Delhi High Court granted a permanent injunction and damages in favor of Castrol. The Court restrained the defendants from infringing Castrol's trademark and copyright, pass...

Indian Patent and Design Statistics 2024 (December 13th to 20th) 51st issue of the Indian Patent Journal (20th December ...
24/12/2024

Indian Patent and Design Statistics 2024 (December 13th to 20th)
51st issue of the Indian Patent Journal (20th December 2024) features 8,941 patent publications, 390 grants, and 564 registered designs

We bring you the Weekly Patent and Design Statistics report from the Official Journal of Patents and Designs for the period of 13th to 20th of December, 2024.Patent Statistics Overview: Total patent publications this week: 8,941 (Early publications: 749, Ordinary publications: 8,192) Patent examinat...

Court refuses interim injunction based on Patent Prosecution History The Delhi High Court refused an interim injunction ...
24/12/2024

Court refuses interim injunction based on Patent Prosecution History
The Delhi High Court refused an interim injunction sought by Jay Switches in a patent infringement dispute against Sandhar Technologies. The Court found no prima facie infringement of Jay Switches’ patent for an airtight fuel cap and highlighted ambiguity in the claims. Sandhar was directed to maintain detailed accounts of product sales pending further proceedings.

The Delhi High Court, refused to grant an interim injunction sought by Jay Switches India Pvt Ltd (“Jay Switches”) against Sandhar Technologies Ltd. and others (“Sandhar”) in a patent infringement dispute. The case centered on Jay Switches' registered patent (No. 427110), titled “Air Tight...

Cannot drive on 'VOLVO' and 'FMX' marks' reputation rules court The Delhi High Court passed a permanent injunction and s...
21/12/2024

Cannot drive on 'VOLVO' and 'FMX' marks' reputation rules court
The Delhi High Court passed a permanent injunction and summary judgment in favor of AB Volvo and its group companies in a trademark infringement suit against Lamina Suspension Products Ltd. The court restrained the Defendant from using the "VOLVO" and "FMX" trademarks on leaf spring products, enforcing the settlement terms and protecting Volvo's well-known trademarks in India.

In a trademark infringement suit filed by AB Volvo and its group companies ("Plaintiffs") against Lamina Suspension Products Ltd. ("Defendant"), the Delhi High Court passed a decree of permanent injunction and summary judgment in favor of the Plaintiffs. The court restrained the Defendant from using...

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case The Madras High Court allowed France Telecom’s ...
19/12/2024

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.

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...

A jolly win for 'JOLLY RANCHER' against 'JOKY RAMPER' The Delhi High Court issued a permanent injunction and awarded dam...
18/12/2024

A jolly win for 'JOLLY RANCHER' against 'JOKY RAMPER'
The Delhi High Court issued a permanent injunction and awarded damages to Iconic IP Interests LLC and The Hershey Company in a trademark infringement and passing off case against Sarju Confectionery LLP. The defendant was found guilty of exploiting the goodwill associated with the "JOLLY RANCHER" mark by using a deceptively similar mark, "JOKY RAMPER," and packaging.

In the case of Iconic IP Interests LLC and The Hershey Company (collectively, "plaintiffs") versus Sarju Confectionery LLP ("defendant"), the Delhi High Court issued a permanent injunction and awarded damages, finding that the defendant's use of the mark "JOKY RAMPER" and its packaging constituted i...

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity The Delhi High Court upheld...
17/12/2024

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity
The Delhi High Court upheld Novartis’s patent on Ceritinib, rejecting Natco Pharma's claims of invalidity and allegations of material suppression. The court ruled that the divisional application’s refusal was immaterial to the case and reaffirmed the patent’s validity based on inventive step, novelty, and therapeutic benefits. Natco’s application to vacate the injunction was dismissed.

This post explores the decision of the Delhi High Court in the case of Novartis v. Natco, involving a patent dispute concerning Ceritinib, a cancer treatment drug protected by Novartis's Indian Patent IN 276026 (“Novartis's patent”). The court reaffirmed the validity of Novartis's Patent and hel...

The sticky trademark fight between "FIGHTER" and "FITTER" The Calcutta High Court has granted interim relief to Kamal Ku...
16/12/2024

The sticky trademark fight between "FIGHTER" and "FITTER"
The Calcutta High Court has granted interim relief to Kamal Kumar Hirawat, restraining Maruti Poly Films from using the trademark “FITTER.” The Court held that the mark was deceptively similar to the petitioner’s registered trademark “FIGHTER,” used for adhesive tapes since 1995, and could cause consumer confusion, potentially harming the petitioner’s business.

In the case of Kamal Kumar Hirawat vs Maruti Poly Films & Ors, the Calcutta High Court granted interim relief to Kamal Kumar Hirawat (“Petitioner”), the sole proprietor of M/s. Hirawat Trading Co., against Maruti Poly Films and others (“Respondent”). The case pertains to the alleged unauthor...

Not everyone's cup of coffee! Cothas Coffee sips a trademark victory The Bengaluru Court ruled in favor of Cothas Coffee...
16/12/2024

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.

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 appe...
11/12/2024

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.

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...

Delhi High Court Protects Hindware’s Trademark and Design Rights The Delhi High Court granted interim injunctions in fav...
10/12/2024

Delhi High Court Protects Hindware’s Trademark and Design Rights
The Delhi High Court granted interim injunctions in favor of Hindware Limited, restraining the Defendants from infringing Hindware's trademarks and registered design. This landmark ruling underscores the importance of protecting trademark and design rights against counterfeit products.

In a case involving Hindware Limited ("Hindware") and B.S. Tiles & Ors. ("Defendants"), the Delhi High Court granted ex parte ad interim injunctions in favor of Hindware, restraining the Defendants from infringing Hindware’s trademarks and registered design. Hindware, a prominent manufacturer of s...

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With the vision of offering high quality, technology, and business driven IP law services following international standards, Dr. Kalyan Kankanala co-founded BananaIP Counsels (formerly Brain League) in 2004. The firm incubated from IIMB’s entrepreneurship cell (NSRCEL) and has today emerged as a top ranked and premier IP firm in India.

Our commitment to excellence led to multiple accomplishments making BananaIP the best and the most sought-after firm in India where we:


  • Built the strongest and best team in India.