Author: ADVOCATE AJAY AMITABH SUMAN

Brief Introductory Head Note Summary of the Case This case concerns a trade mark infringement dispute relating to the compost bin product known as “BOKASHI BUCKET”. The plaintiff, Rajeev K.P., who owns the registered trademark for the term BOKASHI BUCKET, approached the court seeking a temporary injunction preventing the defendant, Unais K.K., from selling an identical product using the same trademark. The trial court rejected the application for temporary injunction, but the Kerala High Court reversed that decision and granted injunction in favour of the plaintiff. Factual Background The plaintiff is the proprietor of Global Pharmaceuticals, and claims to have…

Brief Introductory Head Note: Aqualite Industries Private Limited Vs Relaxo Footwears Limited – Design Infringement Case The case Aqualite Industries Private Limited v. Relaxo Footwears Limited, FAO(OS)(IPD) 1/2022, decided on 18 November 2025 by the High Court of Delhi, involved an important dispute under the Designs Act, 2000. The court examined whether Aqualite’s sale of Hawai slippers amounted to infringement of Relaxo’s registered product designs. The decision clarified how novelty, prior publication and prior art should be assessed at the interlocutory stage while determining design piracy. The ruling is significant for commercial design protection in India because it demonstrates how…

Facts The case centers on a trademark dispute in the luxury perfume industry between Fontaine Limited, the owner of the world-famous CREED brand, and several related Indian companies and their directors known as the defendants. CREED, started in 1760, is a high-end perfume house famous for its unique scents for men and women, built on years of use, ads, and strict quality checks that have created huge trust among buyers. Fontaine took over the CREED business in India in 2020 through deals that gave it full rights to the brand’s trademarks, including the CREED device mark registered in India under…

Brief Head Note Interim injunction refused in IN’645 despite admitted infringement; patent held highly vulnerable. The Court refused to grant an interim injunction, holding that the patent is highly vulnerable on multiple grounds: prior claiming by FMC’s own earlier patent IN 269104, lack of novelty and inventive step over cited prior art. Relying on the “credible challenge” principle laid down in F. Hoffmann-La Roche v. Cipla, Ericsson v. Lava, and Interdigital v. Xiaomi, the Court observed that only 19 days of patent life remained, Natco had already launched the product after obtaining regulatory approvals, and monetary compensation would suffice for…

Marico Limited Vs. Prahalad Rai Kedia & Another Order Date: 11 November 2025 Case Number: (T)OP(CR) No. 1 of 2024 Court: High Court of Judicature at Madras Hon’ble Judge: Justice N. Senthilkumar Facts Of The Case The petitioner, Marico Limited, is a well-known Indian consumer goods company that has been manufacturing and selling several popular products for decades, including Parachute, Parachute Advansed Jasmine, Hair & Care, Nihar, Saffola, Mediker, Livon, Revive, Silk-n-Shine, and Set Wet. In particular, Marico’s coconut oil brand PARACHUTE is widely recognised for its distinctive packaging label, including the flag device logo, the broken coconut symbol, the…

Facts The plaintiff, Devraj, had been running a saree business in Bhiwani for nearly forty years under the name “Bimal Saree Centre”, earning goodwill and reputation among local customers. Documentary evidence including bills, income tax returns, bank account documents, advertisements and GST registration proved that the business was not only old but also widely known. The defendants, who earlier ran a hosiery shop at the same location under the traditional family name “Dharampal Di Hatti”, later started selling sarees. The evidence showed that for almost four decades the defendants did not use the name “Vimal” at all. In 2021, the…

Facts The appellant, AB Initio Technology LLC, filed an Indian national phase patent application No. 4693/CHENP/2010 dated 27 July 2010, based on PCT application PCT/US2009/035293, claiming priority from U.S. Patent Application 61/031,672 dated 26 February 2008. The invention was titled “Graphic Representations of Data Relationship”. The application was directed to a technological solution for identifying and tracing defective or altered data from multiple data sources after the global financial crisis of 2008, where failure in a single data component could affect multiple downstream computations. The invention enabled automated retrieval and graphical representation of data lineage, showing the relationship between programs…

Introduction This matter concerns the deemed withdrawal of a patent application under Section 11B of the Patents Act, 1970, arising from a failure to file a request for examination (Form-18) within the statutory time limit. The judgment sheds light on how inadvertent mistakes of patent agents should be treated, the boundaries of statutory rigidity, and the balancing role of writ jurisdiction in preventing prejudice to a diligent patent applicant. Facts Of The Case Synertec Pty Ltd, an Australian company, filed a patent application bearing no. 202217030233 in India, relating to a novel system and method for vaporising liquefied natural gas…

Facts FACTS:The litigation arose from a long-running business legacy of the Agarwal family that dealt in dry fruits, spices, dry vegetables and similar products under the trade name “Sindharam Sanwarmal”, established by late Mangi Lal Agarwal. Over the years, the business gained strong goodwill and reputation. After the death of key family members, the legal heirs executed a family arrangement dated 13 January 2017. This family arrangement allotted various business establishments, particularly shop rooms and godowns used for the business, to different branches of the family. It allowed all branches to continue using the goodwill of the name “Sindharam Sanwarmal…

Facts Perpetual Vision LLP and another party filed a commercial suit before the District Judge (Commercial Court)-01, Saket. Along with the suit, they filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure (CPC) seeking temporary injunction and requested that the injunction be granted immediately without notice to the defendants (ex parte ad-interim injunction). The Commercial Court on 03.11.2025 did not grant an ex parte injunction immediately. Instead, it issued summons of the suit and notice of the injunction application to the defendants for appearance and reply. The Court directed that the suit is…