Author: ADVOCATE AJAY AMITABH SUMAN

Rajeev Agrawal Vs The State of Madhya Pradesh Date of Order: 05.08.2025 | Case Number: CRR No. 1519/2025 | Neutral Citation: 2025:MPHC-GWL:16599 Name of Court: High Court of Madhya Pradesh at Gwalior | Name of Hon’ble Judge: Anil Verma, J. Introduction This case study examines a set of criminal revision petitions adjudicated by the High Court of Madhya Pradesh at Gwalior, addressing the contentious issue of framing charges in a trademark and copyright infringement case involving the misuse of the brand “Bhatia Masale.” The petitions, arising from a common order dated February 24, 2025, passed by the Additional Sessions Judge,…

Sabmiller India Ltd. v. Jagpin Breweries Ltd. Neutral Citation: 2014 SCC OnLine Bom 4842   |   Date of Order: 06.02.2014   |   Case No.: Notice of Motion No. 92 of 2012 in Suit No. 56 of 2012   |   Court: High Court of Bombay   |   Judge: Kathawalla S.J., J. Introduction This case involves a trademark infringement and passing off dispute in the beer industry, where the plaintiff sought to protect its well-established brand “HAYWARDS 5000” against the defendant’s use of “COX 5001.” The Bombay High Court examined the deceptive similarity between the marks, focusing on…

Introduction This case involves a commercial appeal filed before the High Court of Jharkhand at Ranchi, challenging an order that returned a plaint in a trademark infringement suit due to purported lack of jurisdiction. The appellant, a company engaged in the production and sale of wheat flour under the trademark “Grihasti Bhog”, sought to enforce its rights against the respondents who were allegedly using an identical mark. The core issue revolved around the interplay between the jurisdictional provisions of the Trademarks Act, 1999, and the Commercial Courts Act, 2015, particularly in determining whether a Civil Judge (Senior Division) designated as…

Introduction The case of Ashim Kumar Bagchi versus Balaji Telefilms Limited and Others revolves around allegations of copyright infringement and breach of confidence in cinematic storytelling. The plaintiff, an aspiring scriptwriter, claimed that his original literary work, initially titled “Kal Kisne Dekha” and later re-registered as “The Show Must Go On”, was unlawfully copied by the defendants in producing the film “Dream Girl 2”. The Bombay High Court examined whether the plaintiff’s script merited copyright protection and if the defendants’ film constituted an infringement or misuse of confidential information. The judgment underscores that ideas, themes, and stock elements are not…

Introduction The case of Communication Components Antenna Inc. versus Ace Technologies Corp. and Others represents a significant judicial pronouncement by the Delhi High Court in the realm of intellectual property law, specifically patent infringement in a cross-border context. This dispute centers on allegations that Ace Technologies, a South Korean company, infringed upon the plaintiff’s Indian Patent No. 240893, which pertains to innovative antenna technology designed to enhance spectral efficiency in cellular networks. The plaintiff, a Canadian entity, sought to protect its patent rights against defendants with limited presence in India, raising complex issues of jurisdiction, enforcement, and interim relief. The…

Case: C. Ganesh Narayan & Ors. v. State of Karnataka & Ors. Date of Order: 25 July 2025 Case Number: Writ Petition No. 17893 of 2025 (LB-BMP) Court: High Court of Karnataka at Bengaluru Judge: Hon’ble Mr. Justice Sachin Shankar Magadum Introduction The case of C. Ganesh Narayan & Ors. v. State of Karnataka & Ors. before the High Court of Karnataka concerned a challenge to two show cause notices issued by the Bruhat Bengaluru Mahanagara Palike (BBMP), East Zone, directing the petitioners to explain why their trade licence should not be cancelled. The dispute lay at the intersection of…

Introduction This legal case study examines a trademark opposition dispute between Tablets (India) Limited and M/s. Spey Medicals Private Limited, adjudicated by the High Court of Delhi. The core legal issues pertain to procedural compliance under the Trade Marks Act, 1999, and the Trade Marks Rules, 2017, particularly in regard to the timelines for filing and serving counter-statements, submission of evidence, and the consequence of failing to take appropriate steps within the statutory deadlines. The case reflects upon the tension between procedural technicalities and substantive rights and sets a precedent on whether failure to submit evidence or intimate non-submission can…

Travel Blue Products India Pvt. Ltd. v. Miniso Life Style Pvt. Ltd. Introduction The case of Travel Blue Products India Pvt. Ltd. vs. Miniso Life Style Pvt. Ltd. presents a detailed exploration of the legal thresholds that govern protection under the Designs Act, 2000 and the tort of passing off. The plaintiffs alleged that the defendants had engaged in piracy of a registered design and passed off their travel neck pillows as those of the plaintiffs. The key issue was whether the plaintiffs’ aesthetic design qualified for statutory protection and whether the defendants’ product was an obvious imitation causing consumer…

Trademark Dispute: Cordelia Cruises vs. Cordelia Inn In the evolving landscape of intellectual property law in India, disputes over trademark infringement and passing off are increasingly prevalent, particularly in industries where brand identity plays a pivotal role in consumer perception. The case of Waterways Leisure Tourism Private Limited v. Mukesh Prasad Thapliyal and Others is a significant judicial pronouncement by the High Court of Delhi that addresses the conflict between two entities operating in the hospitality sector over the use of the trademark “Cordelia.” This case study delves into the legal intricacies of the dispute, examining the arguments presented by…

Trademark Dispute: Suman Devi and Another Vs. Rakesh Kumar Sharma Date of Order: 25 July 2025 Case Number: FAO (COMM) 189/2025 Neutral Citation: 2025:DHC:6149-DB Court: High Court of Delhi Judges: Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Om Prakash Shukla Case Overview The case of Suman Devi and Another v. Rakesh Kumar Sharma, adjudicated by the High Court of Delhi, represents a significant judicial examination of trademark infringement and passing off in commercial disputes involving scientific and laboratory instruments. Heard under First Appeal from Order (FAO) (Commercial) 189/2025, the case involves an appeal against an interlocutory order…