Author: ADVOCATE AJAY AMITABH SUMAN

Case Overview This case concerns a patent infringement dispute involving a technological startup and a global electronics giant. Conqueror Innovations Pvt. Ltd., a recognized MSME and startup in India, filed a suit against Xiaomi Technology India Pvt. Ltd. for allegedly infringing Patent No. 244963 titled “A Communication Device Finder System.” The core of the dispute centered on Xiaomi’s pre-installed “Find Device” feature in its smartphones and whether it infringed the claimed patented invention. The case provides judicial clarity on standards of patent infringement, particularly concerning essential features, claim mapping, and working of patents in India. Factual Background The plaintiff No.…

Here is the **HTML code** with improved readability, structured using proper headings, paragraph tags, and formatting—without altering the original content: “`html Dabur India Ltd. v. Patanjali Ayurved Ltd. The case of Dabur India Ltd. v. Patanjali Ayurved Ltd. represents a significant judicial examination of disparagement in commercial advertising, particularly in the context of Ayurvedic products regulated under the Drugs and Cosmetics Act, 1940. Dabur, a leading manufacturer of Chyawanprash, sought legal recourse against Patanjali’s advertisements for its product, ‘Patanjali Special Chyawanprash’, alleging that they denigrated Dabur’s ‘Dabur Chyawanprash’ and the entire Chyawanprash product category. The case delves into the delicate…

Case Summary: Major League Baseball Properties Inc Vs. Manish Vijay & Ors. Date of Order: July 01, 2025 Case Number: C.O. (COMM.IPD-TM) 279/2023 Neutral Citation: 2025:DHC:5103 Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon’ble Mr. Justice Saurabh Banerjee Dispute Overview The dispute centers around the international reputation of the petitioner’s mark “BLUE JAYS,” its spillover into India, and the respondent’s adoption of a deceptively similar mark “BLUE-JAY.” The judgment critically examines the interplay between prior user rights, international goodwill, and dishonest adoption, reaffirming established principles that protect well-known marks against misappropriation through bad faith…

VIP Industries Ltd v. Carlton Shoes Ltd & Anr. A Landmark Ruling on Passing Off and Trademark Coexistence The case of VIP Industries Ltd v. Carlton Shoes Ltd & Anr., decided by the Division Bench of the Delhi High Court, is a significant pronouncement in the domain of trademark law, particularly in determining the parameters of passing off where multiple registered proprietors of an identical mark co-exist. It presents a complex legal conflict involving cross-suits by two entities, each asserting goodwill and prior user rights over the trademark “CARLTON” in respect of goods under Class 18. The judgment settles the…

M/s Products and Ideas (India) Pvt. Ltd. v. Nilkamal Limited and Ors. Case Overview The case of M/s Products and Ideas (India) Pvt. Ltd. v. Nilkamal Limited and Ors. before the High Court of Delhi engages with the fundamental principle that the sale of genuine goods by an authorized reseller or importer does not amount to trademark infringement. This principle is anchored in the doctrine of international exhaustion, which permits parallel imports and resale of genuine products sourced from the trademark owner. At the heart of this dispute lies the tension between the rights of a registered proprietor claiming exclusivity…

Avient Switzerland GMBH Vs. Treadfast Ventures & Anr. Date of Order: 01 July 2025 Case Number: C.A. (COMM.IPD-TM) 44/2024 Neutral Citation: 2025:DHC:5104 Court: High Court of Delhi Judge: Hon’ble Mr. Justice Saurabh Banerjee Case Overview This case involves a trademark dispute between Avient Switzerland GMBH, a global chemical manufacturer, and Treadfast Ventures, concerning the registration of the mark ‘RENOL’ in Class 2. The primary issue was whether the appellant had established prior use and proprietorship over the mark ‘RENOL’ in India, in the face of opposition by the respondent who owns the registered trademark ‘REINOL’ in Classes 1 and 3.…

Case Summary This case addresses a crucial intersection in Indian patent law, focusing on whether an invention that involves software or algorithms qualifies as patentable subject matter under Section 3(k) of the Patents Act, 1970. The case of Kroll Information Assurance, LLC v. Controller General of Patents, Designs and Trademarks engages deeply with the exclusion of “computer programme per se” and “algorithm” from the definition of inventions. The decision sheds light on the permissible scope of claim amendments under Section 59 and tests the limits of patentability of computer-implemented inventions (CIIs). Factual Background The appellant, Kroll Information Assurance, LLC, a…

Case Summary: Dong Yang PC, Inc. v. Controller of Patents and Designs This case concerns the appeal filed by Dong Yang PC, Inc. against the Controller of Patents and Designs under Section 117A of the Patents Act, 1970. The dispute revolves around the refusal of the appellant’s patent application for a “Vertical Rotary Parking System” on grounds of lacking an inventive step under Section 2(1)(ja) of the Act. The key issue is whether the subject invention represents a true technical advancement or is merely a workshop modification of an earlier patent (D-5) by the same applicant. Factual Background Dong Yang…

Overview This case revolves around the pivotal question of whether a passing off action can be sustained in relation to a design that had earlier been protected under the Designs Act, 2000 but whose registration has since expired. Crocs Inc. USA initiated suits against multiple footwear companies alleging passing off of its distinctive footwear shape, asserting that its design had acquired independent goodwill and recognition in the minds of consumers. The learned Single Judge dismissed the suits on the ground that the shape in question was previously a registered design, and therefore, to claim trade dress rights in it, the…

Case Overview This case pertains to a dispute over trademark rights between an internationally reputed digital advertising company and an Indian entity claiming local registration. It addresses critical issues of prior use, trans-border reputation, deceptive similarity, and bad faith adoption in the context of rectification petitions filed under the Trade Marks Act, 1999. The adjudication undertaken by the Hon’ble High Court of Madras serves as a significant pronouncement in trademark law jurisprudence, especially in evaluating conflicting claims of domestic registration and international goodwill. Factual Background The petitioner, Media Monks Multimedia Holding B.V., a digital media and advertising company founded in…