Author: ADVOCATE AJAY AMITABH SUMAN

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…

Case Summary This case involves a significant dispute in the field of intellectual property law, particularly relating to patent infringement in the agricultural sector. The litigation centers on Indian Patent No. 282092, concerning a novel agricultural composition. The plaintiff, SML Limited, a research-driven agrochemical company, approached the High Court of Himachal Pradesh alleging patent infringement by the defendants, Mohan & Company and Safex Chemicals India Ltd., over a competing fertilizer product branded as “Aladdin.” The plaintiff sought interim injunctive relief pending final adjudication. The case illustrates critical questions of patent validity, inventive step, public interest under regulatory frameworks, and the…

Overview This case explores the critical intersection of trademark law, procedural fairness, and corporate liquidation under Indian jurisprudence. The matter involved the contentious registration of the trademark “DUNLOP” by Glorious Investment Limited, a successor to Dunlop India Ltd., which was undergoing liquidation. The core contention revolved around the legitimacy of assignments executed during liquidation and whether the Registrar of Trademarks complied with the principles of natural justice. The decision of the Calcutta High Court provides crucial judicial interpretation concerning the rights of opponents in trademark opposition proceedings and the procedural conduct expected from administrative authorities. Factual Background Dunlop International Limited…

Newgen IT Technologies Ltd. v. Newgen Software Technologies Ltd. Court: High Court of Delhi at New Delhi Judges: Hon’ble Mr. Justice Navin Chawla and Hon’ble Mr. Justice Harish Vaidyanathan Shankar Date of Order: 12 June 2025 Case Numbers: FAO (COMM) 73/2025 and FAO (COMM) 75/2025 Neutral Citation: 2025:DHC:4964 Overview The dispute in Newgen IT Technologies Ltd. v. Newgen Software Technologies Ltd. epitomizes the complexities involved in trademark conflicts, particularly when commercial partnerships deteriorate into litigation. The matter revolves around the alleged infringement and passing off involving the mark “NEWGEN”, a name prominently used in the technology domain. This case throws…

Penguin Books Ltd. Vs India Book Distributors & Ors. Date of Order: 1 August 1984 Citation: AIR 1985 DELHI 29, 26 (1984) DLT 316 Court: High Court of Delhi Presiding Judge: Hon’ble Justice Shri Avadh Bihari Rohtagi Case Overview This case involves a dispute between the publisher of a copyrighted book, Penguin Books Ltd., and a distributor and printers in India regarding allegations of copyright infringement. The core issue is whether the defendants illegally reproduced and distributed a book titled “Spycatcher” without proper authorization. Detailed Factual Background The plaintiff in the case, Penguin Books Ltd., is a reputed UK-based publishing…

Sita Ram Iron Foundry and Engineering Works v. Hindustan Technocast (P) Ltd. & Anr. Date of Order: 09 July 2025 Case Number: C.O. (COMM.IPD-TM) 150/2021 Neutral Citation: 2025:DHC:5395 Name of Court: High Court of Delhi Judge: Hon’ble Ms. Justice Mini Pushkarna Introduction The case raises significant questions of trademark ownership, assignment validity, and the burden of proof in rectification proceedings under the Trade Marks Act, 1999. The petitioner sought cancellation of the trademark “BADAL” registered in favour of Hindustan Technocast, alleging fraud and impropriety in the chain of title. The Delhi High Court adjudicated the matter and delivered the judgment…

Novateur Electrical & Digital Systems Pvt. Ltd. v. V-Guard Industries Ltd. In the case of Novateur Electrical & Digital Systems Pvt. Ltd. v. V-Guard Industries Ltd., the Delhi High Court addressed a critical legal issue concerning the enforceability of design rights and the scope of permissible challenges to registered designs. The matter pertained to allegations of design piracy under the Designs Act, 2000, and whether a defendant, who had itself obtained design registration for a substantially similar design, could subsequently challenge the plaintiff’s registered design on the ground of prior publication. Factual Background Novateur Electrical & Digital Systems Pvt. Ltd.…

Case Summary: Global IEEE Institute for Engineers v. IEEE Mumbai Section Welfare Association This case arises from a contractual and trademark dispute between a corporate entity, Global IEEE Institute for Engineers, and a public charitable trust-cum-society, IEEE Mumbai Section Welfare Association. The dispute centered on the termination of two service agreements and the subsequent unauthorized use of the IEEE trademark by the defendant trust. The case presented a complex interplay between intellectual property rights, private contractual obligations, and statutory requirements under the Maharashtra Public Trusts Act, 1950 (MPT Act). The High Court of Karnataka’s decision in this case provides significant…