Author: ADVOCATE AJAY AMITABH SUMAN

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.…

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,…