NEWSLETTER - NOVEMBER 2023

Centre for Intellectual Asset Protection

DECIPHERING INTELLECTUAL PROPERTY: A DEEP DIVE

INTO RECENT INDIAN HIGH COURT JUDGEMENTS
By BananaIP Reporter
December 13, 2023

Navigating the intricate and ever-evolving landscape of Intellectual Property (IP) law in India
requires both expertise and a keen understanding of recent legal developments. At BananaIP,
we pride ourselves on being at the forefront of IP law analysis, offering insights that blend
depth with clarity. In this blog post, we present an incisive overview of three recent and
significant IP case rulings from Indian High Courts. These cases, pivotal in the realms of
trademark disputes and patent processing, not only reflect the current state of IP law but also
influence its future trajectory. Our analysis aims to provide a nuanced understanding of these
judgements, highlighting their implications for practitioners, businesses, and the broader legal
community.
“Khimji” Trademark for Jewellery belongs to Khimji and Sons, says Orissa High
Court.
In a dispute between family members running jewellery business, the Orissa High Court ruled
that the trademark “Khimji” belongs to the family group, Kimji and Sons. Both the plaintiff
and defendant derive thir right to use trademarks containing the word ‘Kinji’ from a jewellery
business established in 1936 by Kimji Dayabhai. At the time of separation, the business was
being conducted as a partnership, which was dissolved through a dissolution agreement.
Through the said agreement, and another name usage agreement, the parties agreed that either
of them can use “Kimji Dayabhai” with a prefix or suffix, but none of them shall use ‘Kimji
Dayabhai’ alone or the ‘KD’ logo.
Subsequently, the plaintiff in the case started using ‘Kimji’ and ‘Kinji and Sons Jewellers’,
and the defendant started using ‘Kimji Dayabhai and Co’. In 2020, the defendant decided to
adopt ‘Kimji’ and ‘Kimji Jewels’, and the plaintiff filed a case for trademark infringement.
After reviewing the facts, the District Court ordered in favour of the plaintiff, which the
Orissa High Court upheld on appeal.
Citation: IN THE HIGH COURT OF ORISSA AT CUTTACK, FAO No.105 of 2023.
To read the article click here http://tinyurl.com/iprnewsnov23

HIGHLIGHTS
Number of Patents Filed: 797
Number of Patents Published: 746
Number of Patents Granted: 197

PATENT STATISTICS
In the month of October 2023, we
 Filed 23 new patent applications
 Received 06 First Examination Report issuances on our patent applications.
 Filed 04 responses to First Examination Reports.
 04 patent applications got Published.
 Got 20 Indian Patents granted.

ACHIEVEMENTS - GRANTED PATENTS

In the month of November 2023, SRMIST received 20 Indian patents granted. The CIAP
feels proud of our faculty members and students who made this achievement possible and we
congratulate every inventor who has been a part of these patents. We look forward to working
with them to commercialize the patents.

S.No Team Name Title

1 Dr. M. PRAKASH & Team A TOOL FOR FRICTION STIR PROCESSING
2 Dr. Vinoth Kumar V& A PROCESS OF REMEDIATING HYDROPHOBIC
Team ORGANIC CONTAMINANTS
3 Dr. Eswaran P & Team A SYSTEM FOR MONITORING AND
CONTROLLING INDOOR AIR QUALITY AND
METHOD THEREOF
4 Dr. Karthik C A COMPUTER IMPLEMENTED SYSTEM AND
& Team METHOD FOR DETERMINING THE THREE-
DIMENSIONAL (3D) STRUCTURE OF PROTEINS
5 Dr. E. Poovammal & Team AN IOT BASED SYSTEM FOR MONITORING
CARDIAC CONDITION
6 Dr. J. SUBHASHINI & A REMOTELY CONTROLLED MOVEABLE
 Team DUSTBIN
7 Dr.S.Umamaheswari & A SYSTEM FOR COOLING THE INTERIOR OF A
Team VEHICLE
8 Dr. M Cheralathan & Team A SOLAR CAVITY RECEIVER
9 Dr. Debabrata Sarkar & POLYMER BLEND NANOFIBERS AIR FILTER
Team AND FACE MASK MATERIALS AND METHODS
10 Dr. Selvaraj & Team SYSTEM AND METHOD FOR SELECTION OF
ROUTING AND WAVELENGTH ALGORITHM IN
SDN
11 Dr. G Maragatham & Team A SYSTEM FOR GENERATING MEDIA PLAYLIST
AND METHOD THEREOF
12 Dr.U.Mohammed Iqbal & A DIE FOR TWIST CHANNEL ANGULAR
Team
EXTRUSION PROCESS
13 Mr. Aman Pandia & Team A SYSTEM AND A METHOD FOR ASSISTING
VISUALLY IMPAIRED PEOPLE
14 Dr. Abburi Lakshman A TOOL HOLDER FOR A SUBTRCATIVE
Kumar & Team MANUFACTURING MACHINE
15 Dr. Sunitha K A & Team AN OBSTACLE DETECTION AND ALERT
SYSTEM
16 Dr. MURUGAANANDAM SYSTEM AND METHOD FOR AN EFFICIENT
SEETHAPATHY & Team SMART GARBAGE BIN
17 Dr. Anitha G & Team A SYSTEM FOR MONITORING HEALTH OF A
JOINT
18 Dr. N Parthasarathi & Team A TRIANGULAR TRUSS SYSTEM FOR
VERTICAL DISTRIBUTED LOADING OF PLANAR
FRAMES
19 Dr. C Bharatiraja & Team A SOLAR POWERED SMART GARBAGE
SEGREGATION BIN SYSTEM AND A METHOD
THEREOF
20 Dr. G. Joselin Retna Kumar A CONTROLLED ENVIRONMENT MONITORING
& Team APPARATUS FOR DOCUMENTING INSECT
BEHAVIOUR

EVENTS
NOVEMBER EVENTS
1. CIAP & Department of Computing Technologies successfully organised “Patent
School Workshop - Sixth Edition” from 16th – 18th September, 2023. We had
speakers from IPQuad Partners, IPEVER & DEI for this event.
PHOTOS LINK: https://photos.app.goo.gl/dGWARm8sRTwZRfbH9
 CONTACT DETAILS
FOR IP COMMERCIALISATION
J VIJAY RATHAN LINGAA
Techno-Legal Advisor
admin.ciap@srmist.edu.in
+91-9677002684
FOR IP FILING & MAINTENANCE
J JENIFER
IP Coordinator
coordinator.ciap@srmist.edu.in
+91-9962762183