Author: ADVOCATE AJAY AMITABH SUMAN

Trademark Dispute: Uto Nederland B.V. v. Tilaknagar Industries Ltd. The dispute arises between Uto Nederland B.V., a Dutch entity, and Tilaknagar Industries Ltd., an Indian spirits manufacturer, over the trademarks ‘MANSION HOUSE’ and ‘SAVOY CLUB’. At the heart of the conflict lies the question of whether a conditional ceding of these marks in 1987 resulted in a permanent transfer of ownership to Tilaknagar or whether the trademarks automatically reverted to UTO upon breach of conditions as stipulated in the ceding arrangement. The High Court of Bombay’s Commercial Appellate Division, in a detailed judgment delivered on 16 July 2025, adjudicated upon…

Subhash Chandra Agrawal v. Central Public Information Officer – RTI Judgment Date of Order: 10 July 2025 Case Number: Writ Petition No. 10887 of 2023 Neutral Citation: 2025:BHC-AS:28136-DB Name of Court: High Court of Judicature at Bombay Judges: Hon’ble Mr. Justice M.S. Sonak and Hon’ble Mr. Justice Jitendra Jain Introduction In the landmark decision pronounced on 10 July 2025 in Subhash Chandra Agrawal v. Central Public Information Officer, the High Court of Judicature at Bombay considered the delicate balance between transparency mandated by the Right to Information Act, 2005 and the competing rights of privacy, fiduciary obligations, and third-party interests.…

Registrar of Trade Marks v. Hamdard National Foundation (India) In the annals of Indian trademark law, few cases illustrate the delicate balance between descriptive words and distinctive marks as vividly as Registrar of Trade Marks v. Hamdard National Foundation (India). Decided on March 4, 1980, by the Delhi High Court, this dispute pits the Registrar of Trade Marks against a renowned manufacturer of medicinal preparations over the registrability of the word “SAFI”. At its heart, the case explores whether a term with potential descriptive undertones can transcend its dictionary meaning to become a badge of origin, capable of distinguishing one…

Case Summary The case of Kamal Raheja v. Hahnemann Pure Drug Co. decided by the Division Bench of the High Court of Delhi on 8 July 2025, presented a significant question in trademark law: whether the suspension of a plaintiff’s drug licence precludes them from seeking an injunction to protect a registered trademark under the Trade Marks Act, 1999? The appeal arose from an order of the Commercial Court that had made an ex parte ad interim injunction absolute, restraining the appellant from using the mark ‘MARKS GO’, which was identical to the respondent’s registered trademark. The judgment explored the…

Johnson & Johnson Pte. Ltd. Vs. Mr. Abbireddi Satish Kumar & Ors. – Case Summary Johnson & Johnson Pte. Ltd. Vs. Mr. Abbireddi Satish Kumar & Ors. Date of Order: 15 July 2025 Case Number: CS(COMM) 801/2023 Neutral Citation: 2025:DHC:5622 Name of Court: High Court of Delhi Judge: Hon’ble Ms. Justice Mini Pushkarna Introduction The High Court of Delhi, in the recent case of Johnson & Johnson Pte. Ltd. v. Mr. Abbireddi Satish Kumar & Ors., addressed significant questions surrounding trade mark infringement and passing off within the highly competitive market of consumer healthcare and energy drinks. This dispute involved…

R.G. Anand Vs Delux Films & Ors. – Landmark Copyright Case R.G. Anand Vs Delux Films & Ors. (1978) Date of Order: August 18, 1978 Case No.: Civil Appeal No. 2030 of 1968 Neutral Citation: 1978 AIR 1613, 1979 SCR (1) 218, 1978 SCC (4) 118 Name of Court: Supreme Court of India Judges: Syed Murtaza Fazalali, Jaswant Singh, R.S. Pathak Introduction In the annals of Indian copyright law, few cases have shaped the understanding of intellectual property protection as profoundly as R.G. Anand Vs Delux Films & Ors., decided by the Supreme Court of India on August 18, 1978.…

Asian Paints Ltd. Vs Ram Babu – Victim’s Right of Appeal under CrPC Asian Paints Limited Vs Ram Babu & Anr. Date of Order: 14 July 2025 Case Number: SLP (Crl.) No.9888 of 2024 Neutral Citation: 2025 INSC 828 Name of Court: Supreme Court of India Judges: Hon’ble Mr. Justice Ahsanuddin Amanullah and Hon’ble Mr. Justice Prashant Kumar Mishra Overview The case of Asian Paints Limited Vs Ram Babu & Anr., decided by the Supreme Court of India on 14 July 2025, examined the scope of the right of a “victim” under the proviso to Section 372 of the Code…

Case Overview This case revolves around the determination of whether an investment in a residential real estate project, accompanied by buy-back arrangements and promises of assured returns, qualifies as a “commercial dispute” within the meaning of the Commercial Courts Act, 2015. The High Court of Karnataka at Bengaluru was called upon to examine whether such a transaction could be adjudicated by a Commercial Court, or whether it lay outside the domain of commercial disputes, considering the underlying nature of the property involved. Factual Background The respondent, Mr. Balwinder Singh Bagary, an individual of Indian origin currently residing in the United…

Maulana Arshad Madani Vs Union of India & Ors. – Delhi High Court Judgment Maulana Arshad Madani Vs Union of India & Ors. Date of Order: 10.07.2025Case Number: W.P.(C) 9362/2025Neutral Citation: 2025:DHC:5466-DBCourt: High Court of Delhi at New DelhiJudges: Hon’ble the Chief Justice Devendra Kumar Upadhyaya and Hon’ble Mr. Justice Anish Dayal Introduction The case of Maulana Arshad Madani vs Union of India & Ors., decided by the Delhi High Court on 10th July 2025, delves into the complex intersection between freedom of expression, public order, and the regulatory mechanisms governing film certification in India. This Public Interest Litigation (PIL)…

In the domain of container packaging, the protection of tamper-evident and tamper-proof technologies has become crucial, particularly for food-grade plastic containers. The case of Mold Tek Packaging Limited vs Pronton Plast Pack Pvt. Ltd. examines the nuanced issues of patent infringement, validity, prior art relevance, and the threshold for granting interim relief in intellectual property disputes. This case also sheds light on the standards governing the exercise of equitable jurisdiction in patent disputes. Factual Background Mold Tek Packaging Limited is engaged in the manufacture and sale of plastic packaging containers and holds two Indian patents: IN 401417 and IN 298724.…