Author: ADVOCATE AJAY AMITABH SUMAN

Condor Footwear (India) Limited & Anr. v. Nexgen Footwear Private Limited & Ors. Date of Order: August 22, 2025 Case Number: CS(COMM) 605/2024 Neutral Citation: 2025:DHC:7140 Name of Court: High Court of Delhi Name of Judge: Hon’ble Mr. Justice Tejas Karia Introduction This case study explores the judicial determination of Condor Footwear (India) Limited & Anr. v. Nexgen Footwear Private Limited & Ors., adjudicated by the High Court of Delhi. The dispute centers on the permissibility of plaintiffs filing additional documents alongside their replication in a commercial suit, and the procedural requirements under the Commercial Courts Act, 2015, and the…

Cargill Incorporated Vs. Registrar of Trade Marks – Case Study Introduction This legal case study analyses the appeal filed by Cargill Incorporated against the Registrar of Trade Marks before the High Court of Delhi. The dispute centers around Cargill’s application to register the trademark “TOPCITHIN” in Class 1, its prior international use and adoption, and the objections raised due to the existence of a similar mark registered by another entity. The litigation probes into procedural fairness, consideration of prior use, sufficiency of reasoning in administrative orders, and the interplay between rectification proceedings and trademark registration. Factual Background The trademark “TOPCITHIN”…

Allied Blenders and Distillers Limited Vs Kulbir Singh & Anr. Case Number: C.O. (COMM.IPD-TM) 191/2024 Date of Order: 22.08.2025 Neutral Citation: 2025:DHC:7158 Court: High Court of Delhi Judge: Hon’ble Mr. Justice Tejas Karia Introduction The case of Allied Blenders and Distillers Limited versus Kulbir Singh and Another revolves around a trademark dispute under the Trade Marks Act, 1999, where the petitioner sought the cancellation and rectification of a registered trademark held by the respondent. This petition highlights key principles of trademark law, particularly concerning non-use of a mark and the criteria for removing it from the register. The High Court…

Champion Project Enterprises Vs Union of India & Ors — Case Summary High Court of Delhi — Order dated August 22, 2025 Introduction This case study concerns the writ petition filed by Champion Project Enterprises and others versus the Union of India and others before the High Court of Delhi. The petitioners allege unauthorized use and infringement of their original work, the “Student Permanent Account Number” (SPAN) Project, by the Government of India through the APAAR ID Project—Automated Permanent Academic Account Registry. The matter fundamentally revolves around allegations of copyright infringement vis-à-vis a digital academic identity project launched nationally and…

Delhi High Court – Written Statement Timelines Introduction This case study examines a significant judgment from the High Court of Delhi that addresses the rigid timelines for filing written statements in civil suits under the Delhi High Court (Original Side) Rules, 2018. The appeals in question challenge the refusal to condone delays beyond the prescribed 120-day period, highlighting tensions between procedural strictness and equitable considerations in litigation. The decision reinforces the mandatory nature of court rules over general principles of the Code of Civil Procedure, 1908, and underscores the evolving judicial interpretation of delay condonation in non-commercial suits. By dismissing…

Introduction: This case study delves into a pivotal judgment from the High Court of Delhi that addresses the interplay between procedural timelines for filing written statements and the exclusion of time spent in mediation proceedings. The appeal challenges the refusal to allow a delayed written statement in a partition suit, highlighting the tension between strict adherence to the 120-day limit under the Delhi High Court (Original Side) Rules, 2018, and the promotion of alternative dispute resolution mechanisms like mediation. The Division Bench’s decision underscores the court’s commitment to expeditious justice while accommodating genuine efforts at amicable settlement, particularly in family…

Vikrant Chemico Industries Pvt Ltd Vs Shri Gopal Engineering and Chemical Works Pvt Ltd & Ors Case No: CS(COMM) 85/2018 Date of Order: August 20, 2025 Neutral Citation: 2025:DHC:6457 Hon’ble Judge: Amit Bansal Introduction This case revolves around a family dispute between two companies originating from the same lineage, involving allegations of trademark infringement, copyright violation, and passing off in the market for phenyle and related cleaning products. The plaintiff, Vikrant Chemico Industries Pvt Ltd, accused the defendants, Shri Gopal Engineering and Chemical Works Pvt Ltd and others, of misusing marks like “DOCTOR HAZEL’S BRAND PHENYL” and “CHEMIST BRAND GERM…

Introduction This case involves a dispute over the use of the title “LOOTERE” in the entertainment industry, pitting a film producer against a media company producing a web series. The plaintiff, who produced a 1993 Hindi film titled “LOOTERE,” sought to prevent the defendants from using the same title for their web series, claiming ownership through copyright and registrations with film producers’ associations. The Bombay High Court examined whether copyright subsists in a mere title and if such registrations confer enforceable rights against non-members. The judgment underscores the limitations of intellectual property protection in titles under Indian law, emphasizing statutory…

Introduction: The case of Shemaroo Entertainment Ltd. vs Saregama India Limited And 2 Ors., adjudicated by the High Court of Judicature at Bombay on August 12, 2025, involves a copyright dispute within the Indian entertainment industry concerning the digital exploitation of musical works. The plaintiff, Shemaroo Entertainment Ltd., sought an interim injunction to restrain the defendants, Saregama India Limited and others, from unauthorized use of certain sound recordings and underlying works. This interim application, decided within Commercial IP Suit No. 557 of 2022, delves into the complexities of copyright ownership, licensing agreements, and the scope of digital rights, providing a…

Introduction The case of Nakoda Food Marketing Vs Mahesh Edible Oil Industries Limited, adjudicated by the High Court of Delhi on August 7, 2025, involves a significant dispute over the trademark “SALONI” under the Trade Marks Act, 1999. The appellants challenged an order from the Commercial Court, South District, Saket, New Delhi, which upheld an ex-parte ad-interim injunction restraining them from using the “SALONI” trademark and device. This appeal, filed under Section 13 of the Commercial Courts Act, 2015, and Order XLIII Rule 1(r) of the Civil Procedure Code, 1908, addresses issues of trademark infringement, passing off, and the validity…