Author: ADVOCATE AJAY AMITABH SUMAN

Case Summary In an era where global commerce and intellectual property disputes increasingly transcend national boundaries, the interplay between domestic laws and international judicial cooperation becomes a critical arena of legal exploration. The case of Pfizer Inc. & Ors. v. Softgel Healthcare Private Limited, adjudicated by the Madras High Court in 2025, stands as a compelling testament to this dynamic. This legal battle, rooted in a patent infringement dispute originating in the United States, showcases the intricate mechanisms of the Hague Evidence Convention and the principles of international comity. At its core, the case examines whether an Indian court can…

Ambika Industrial Corporation Vs. Registrar of Trade Marks Date of Order: 26th May, 2025 Case Number: W.P.(C)-IPD 35/2022 Neutral Citation: 2025:DHC:4865 Name of Court: High Court of Delhi Judge: Hon’ble Mr. Justice Amit Bansal Overview This case concerns the legal complexities arising from a trademark ownership dispute between former partners of a business. The matter delves into issues surrounding the alteration of the registered address of a trademark, the validity of administrative orders passed by the Trade Marks Registry, and the procedural integrity of such modifications. The High Court of Delhi was approached through a writ petition by the registered…

Marico Limited Vs Zee Hygiene Products Pvt. Ltd. Case Number: Commercial IP Suit (L) No. 32952 of 2024 Neutral Citation: 2025:BHC-OS:9444 Date of Order: 25 June 2025 Court: High Court of Judicature at Bombay Judge: Hon’ble Ms. Justice Sharmila U. Deshmukh Introduction The present case revolves around a commercial intellectual property dispute involving alleged infringement of well-established trademarks and copyright-protected artistic works. The Plaintiff, Marico Limited, initiated an action against Zee Hygiene Products Pvt. Ltd. and its affiliates, alleging deliberate imitation of its proprietary trade marks, packaging, and get-up of various product lines under the iconic “PARACHUTE” brand family. The…

Pidilite Industries Limited Vs. Riya Chemy – Trademark Dispute Introduction In the fiercely competitive realm of intellectual property, where brands are built on trust and distinctiveness, the clash between Pidilite Industries Limited and Riya Chemy over the marks “M-SEAL” and “R-SEAL” offers a gripping narrative of legal ingenuity and commercial rivalry. Heard before the Bombay High Court in 2022, this case encapsulates the tension between established trade mark rights and alleged imitators, weaving together issues of trade mark infringement, copyright violation, and passing off. At stake was not just the sanctity of a renowned brand but also the broader principles…

Trademark Dispute in the Plywood Industry This case pertains to a dispute over trademark rights in the plywood industry, involving the plaintiffs, Duroply Industries Limited and its sister concern, and the defendant, Ma Mansa Enterprises Private Limited. The matter centers on the alleged infringement and passing off of the plaintiffs’ long-established trademarks containing the prefix “DURO” by the defendant’s use of the mark “DURO TOUCH.” The case raises pertinent issues about the rights of prior users versus registered proprietors, the doctrine of passing off, and the extent to which a generic or descriptive word can be protected if it has…

Copyright Infringement in Medical Publications The present case revolves around allegations of copyright infringement in an academic publication, where the petitioner, Dr. Ena Sharma, sought quashing of an FIR registered under Section 63 of the Copyright Act, 1957. The core dispute concerns the alleged unauthorized use of research material and images previously published in an article co-authored by the complainant. The matter raises significant questions on intellectual property rights, locus standi in criminal jurisprudence, and the scope of judicial interference at the FIR stage. Factual Background The complainant, a Senior Resident at Dr. Yashwant Singh Parmar Medical College, Nahan, co-authored…

Lake Mount Educational Society & Anr. Vs. Global Educational Trust Introduction The dispute in Lake Mount Educational Society & Anr. Vs. Global Educational Trust arose from an allegation of trademark infringement and passing off in the field of education services. The plaintiff, Global Educational Trust, claimed that the defendants’ use of the trade name “Lake Mount Global Public School” infringed its registered trademark “Global Public School” and was intended to mislead the public into believing an association with the plaintiff. The case involved interpretation and application of key provisions of the Trade Marks Act, 1999, especially relating to deceptive similarity,…

Kamdhenu Limited Vs. Union of India – High Court of Delhi Case Overview This case highlights serious procedural lapses in the functioning of the Trade Marks Registry and the exercise of extraordinary jurisdiction by the High Court of Delhi under Article 226 of the Constitution of India. The petitioner, Kamdhenu Limited, approached the High Court through five writ petitions, challenging the perfunctory and irregular acceptance of certain trademark applications that allegedly ignored the petitioner’s prior rights and bypassed statutory mandates under the Trade Marks Act, 1999 and the Trade Mark Rules, 2017. The Court, in an unprecedented move, exercised its…

Case Summary: T.E. Thomson & Company Limited Vs. Swarnalata Chopra Nee Kapur & Anr. Date of Order: 18th June, 2025 Case Number: CS (COM) No. 4 of 2023 Court: High Court at Calcutta Judges: Hon’ble Justice Soumen Sen and Hon’ble Justice Smita Das De Introduction The case of T.E. Thomson & Company Limited Vs. Swarnalata Chopra Nee Kapur & Anr. revolves around a significant question of law concerning the jurisdiction of commercial courts to entertain suits for eviction based on lease agreements once the lease has expired and possession is sought under Section 106 of the Transfer of Property Act,…

ITC Limited v. Pravin Kumar & Ors. Case Number: IP-COM/12/2025 | Date of Order: 20 June 2025 | Court: High Court at Calcutta, Original Side (IPR Division) | Judge: Hon’ble Justice Ravi Krishan Kapur Introduction This case presented before the Calcutta High Court is a comprehensive intellectual property dispute involving allegations of trademark infringement, copyright infringement, passing off, and trafficking in trademark rights. The plaintiff, ITC Limited, a dominant and long-standing player in the Indian tobacco industry, alleged that the defendants, including Pravin Kumar and associated entities, were engaged in manufacturing and distributing counterfeit cigarettes under the brand name “GOLD…