PepsiCo, the multinational food and beverage corporation, has reportedly emerged victorious in an appeal against an attempt by India to revoke its patent for the FC5 potato variety, a unique variety used exclusively for the production of Lay’s potato chips.
The legal battle began in 2021 when the Protection of Plant Varieties and Farmers’ Rights Authority (the “Authority”) in India revoked the patent for the FC5 potato variety. The Authority justified this action by stating that Indian regulations do not permit the patenting of seed varieties. PepsiCo appealed the revocation, but, in July 2023, the appeal was dismissed by Delhi High Court Judge Navin Chawla. PepsiCo subsequently appealed to reverse the dismissal.
In a decision released January 9, 2024, the July 2023 appeal was reportedly overturned by two Deli High Court judges, setting aside the previous decision that revoked the patent for the FC5 potato variety.
As of June 1, 2026, the Trademarks Opposition Board (TMOB) requires all confidential evidence and documentation in proceedings under sections 11.13, 38, or 45 of the Trademarks Act (the “Act”) to be…
The sneaker company, 1587 Sneakers, is reportedly suing Kansas City Chiefs players, Patrick Mahomes and Travis Kelce, along with their restaurant partners, for trademark infringement.1587 Sneakers…
As reported by Bloomberg Law News, PEI Licensing (“PEI”), the owner of the Penguin apparel brand, has sued Pudgy Penguins NFT (“Pudgy Penguins”) for trademark infringement.Pudgy Penguins started as a…
Nike is reportedly attempting to revive its classic “Total 90” soccer cleat line, but has encountered an unexpected setback. Total90, LLC has reportedly asserted that Nike is infringing its…
As reported by Bloomberg, attempts to register marks covering the phrases “All Rise” and “Here Comes the Judge” were rejected by the U.S. Court of Appeals for the Federal Circuit. In…
The Federal Court of Appeal’s recent decision in Promotion in Motion, Inc. (PIM Brands, Inc.) v. Hershey Chocolate & Confectionery LLC offers fresh guidance on how courts evaluate survey evidence…
