Author: ADVOCATE AJAY AMITABH SUMAN

Introduction The case of Sunflame Enterprises Private Limited v. Kitchenopedia Appliances Private Limited & Anr. exemplifies a classic trademark battle…

Delhi High Court granted injunction against Dabur’s Cool King Thanda Tael for passing off through deceptively similar red trade dress, bottle design, and marks imitating Emami’s Navratna Oil. The judgment underscores trade dress protection based on acquired distinctiveness in the therapeutic cooling oil market.

Delhi High Court allows appeal against trial court’s interim injunction in trademark suit over “ATHERMAL,” holding appellant’s prima facie prior use since 1990 through predecessor superior to respondents’ 2017 registration and 2003 claim, distinguishes approbate and reprobate as inapplicable to primary mark, sets aside order.

In this consolidated judgment, the Delhi High Court dismissed writ petitions seeking mandamus and certiorari against trademark acceptance orders, holding that Section 19 of the Trade Marks Act, 1999, grants the Registrar discretionary suo moto power to withdraw erroneous acceptances without provision for third-party applications, directing aggrieved parties to opposition under Section 21; allowed appeal against refusal order due to Registry inconsistencies, mandating unified adjudication of related proceedings.

Madras High Court set aside the dismissal of opposition to registration of the mark ‘Nandini’ in Class 3 for agarbattis, holding that identical phonetic identity and stylisation create deceptive similarity and likelihood of confusion with the appellant’s well-known ‘Nandini’ mark for dairy products, distinguishing it from the Supreme Court’s Nandhini Deluxe judgment due to absence of differentiating elements like suffix or different get-up.

Introduction The case of M/s. Pyromaitre Thermal India Pvt. Ltd. v. Pyromaitre INC. and Others represents a significant judicial examination…

Introduction: Trademark Dispute The dispute arose from overlapping names beginning with “Rexcin” and “Rekin,” but extended to allegations of trademark…

Delhi High Court dismisses Canva’s appeal against interim injunction for infringing RxPrism’s patent on interactive content system; upholds single judge’s prima facie findings on layered architecture, configurability, and doctrine of equivalents; emphasizes claim-centric analysis for infringement and validity, rejecting product-to-product comparisons and unsubstantiated prior art challenges;

This judgment clarifies that under Order XI Rule 1(10) CPC, as applicable to commercial suits, “reasonable cause” for non-disclosure of documents with the written statement demands a genuine, specific explanation, with a lower proof threshold than “good cause” but mandating demonstration that documents were not in the defendant’s power, possession, custody, or control at filing; mere delay or post-appeal discovery without prior diligence does not suffice, reinforcing the Commercial Courts Act’s intent for vigilant, time-bound litigation over procedural leniency in ordinary suits.

High Court of Delhi holds that writ petitions challenging pre-abolition orders of the Intellectual Property Appellate Board (IPAB) on trademark matters are to be heard by a Single Judge of the Intellectual Property Division (IPD), as per IPD Rules, 2021, unless falling under specific Division Bench exceptions in Delhi High Court Rules; rejects mandatory Division Bench listing, treating such petitions as original IPD proceedings for efficient adjudication post-IPAB dissolution.