Author: ADVOCATE AJAY AMITABH SUMAN

This case pertains to the registrability of the phrase “ONE FOR ALL” as a trademark in respect of educational books under Class 16. The appellant, Oswaal Books and Learnings Pvt. Ltd., challenged the refusal of its application by the Registrar of Trade Marks on the ground that the mark lacked distinctive character as per Section 9(1)(a) of the Trade Marks Act, 1999. The High Court of Delhi, in appeal, considered whether the slogan had acquired distinctiveness or secondary meaning sufficient for registration. Factual Background: Oswaal Books and Learnings Private Limited is engaged in publishing help books for a variety of…

Landmark Case Analysis: Prina Chemical Works & Others v. Sukhdayal & Others Introduction The case of Prina Chemical Works and Others v. Sukhdayal and Others marks a significant ruling in Indian intellectual property jurisprudence. Delivered by the Madhya Pradesh High Court, the decision explores the doctrine of passing off, particularly addressing whether longstanding business use and goodwill can offer protection to an unregistered trade name. Factual Background The plaintiff, Sukhdayal, was the sole proprietor of Prina Chemical Works, established in 1953, known for manufacturing Ayurvedic medicines, particularly “Zalim Lotion”. Over time, the business earned a strong reputation, with its products…

Ivy Entertainment Private Limited Vs. HR Pictures Date: March 27, 2025 Case No: (COMM) 264/2025 Court: High Court of Delhi Presiding Judge: Hon’ble Ms. Justice Manmeet Pritam Singh Arora Introduction In the bustling world of Indian cinema, where creativity meets commerce, the High Court of Delhi’s judgment on March 27, 2025, in the case of Ivy Entertainment Private Limited versus HR Pictures stands as a testament to the delicate balance between contractual obligations and commercial imperatives. This dispute, revolving around the Tamil film “Veera Deera Sooran”, pits a plaintiff seeking to protect its assigned rights against a defendant eager to…

Khoday Distilleries Limited vs. The Scotch Whisky Association Date of Judgment: May 27, 2008 Appeal: Appeal (Civil) 4179 of 2008 Citation: AIR 2008 Supreme Court 2737 Court: Supreme Court of India Hon’ble Judges: Shri S.B. Sinha and Shri Lokeshwar Singh Panta Introduction In the annals of trademark law, few cases weave a narrative as intricate and compelling as Khoday Distilleries Limited vs. The Scotch Whisky Association… Detailed Factual Background Khoday Distilleries Limited, now known as Khoday India Limited, embarked on its whisky-making journey in May 1968… Detailed Procedural Background The procedural journey began with Khoday’s trademark registration application, accepted and…

Balar Marketing Pvt. Ltd. v. Lakha Ram Sharma CM(M)-IPD 5/2025, decided on March 27, 2025 / Delhi High Court, Hon’ble Justice Shri Amit Bansal Doctrine of Precedent in Indian Legal System The Indian legal system, like other common law jurisdictions, operates on the doctrine of precedent to ensure consistency and predictability in judicial decisions. At the core of this doctrine lies the distinction between ratio decidendi, the legal principle that forms the basis of a decision, and obiter dictum, statements made by judges that are incidental to the main issue and not essential to the outcome of the case. While…

Trademark Dispute: Steelcase Inc. vs. Steel Case India Pvt. Ltd. This case revolves around a dispute concerning the alleged infringement of the registered trademark “STEELCASE” by the defendants, who were operating under the name “M/s. Steel Case India Private Limited”. The plaintiff, Steelcase Inc., sought permanent injunction and other reliefs under trademark and copyright law, asserting that the defendants’ use of an identical or deceptively similar mark amounted to infringement and misrepresentation. The case further saw a plea by the defendants seeking stay of the suit under Section 124(1)(b)(ii) of the Trade Marks Act, 1999, on the ground that they…

Introduction: The case of Zeria Pharmaceutical Co. Ltd. v. The Controller of Patents is a pivotal judgment from the Delhi High Court that reinforces the interpretative approach toward patentability criteria under the Indian Patents Act, 1970, particularly concerning the tests laid out under Section 2(1)(ja) and Section 3(d). The Court’s analysis offers essential guidance on what constitutes an “inventive step” and how the “therapeutic efficacy” of pharmaceutical compounds must be substantiated to satisfy the stringent demands of patent law in India.Factual Background: Zeria Pharmaceutical Co. Ltd., a Japanese pharmaceutical company, filed Indian Patent Application No. 3630/DELNP/2011 on May 13, 2011.…