Ajay Amitabh Suman

Ajay Amitabh Suman

Member since: January 10, 2019
Total live articles: 795

Myself Ajay Amitabh Suman, An Advocate Practicing Hon'ble High Court of Delhi, having specialization in Intellectual Property Right for more than 22 years. Besides practicing in Hon'ble High Court of Delhi, I am also a Poet, Author, Blogger, Vlogger and Writer.

Recent Articles by Ajay Amitabh Suman

Superior Metabolic Stability Insufficient to Overcome Section 3(d) Objection ...

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The pharmaceutical industry is a battleground where innovation meets accessibility, and intellectual property rights often clash with public health imperatives. The case of AstraZeneca AB &...

Section 124 Of Trademarks Act 1999 Is Inapplicable To Passing Off Action

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In the bustling world of intellectual property disputes, where trademarks and copyrights often clash like titans, the case of Balar Marketing Pvt. Ltd. v. Lakha Ram Sharma Proprietor of Kundan ...

Slogans Or Taglines, If Distinctive And Capable Of Distinguishing Goods, Qual...

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In the competitive world of fast-moving consumer goods, trademarks are not just identifiers but powerful tools that encapsulate brand identity and consumer trust. The case of Procter & Gamb...

Obiter Dicta, Even If Made By A Coordinate Or Larger Bench, Do Not Bind Subse...

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The settled law that obiter dicta are not binding can be found discussed in the Supreme Court's judgment in Property Owners Association vs. State of Maharashtra (2024), particularly in its anal...

Procedural Laws Are Handmaids Of Justice And Courts Must Prioritize Substanti...

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In the intricate tapestry of Indian civil litigation, the concept of limitation serves as a gatekeeper, ensuring that claims are pursued within a reasonable timeframe to promote finality and pr...

Artistic works retain copyright protection unless industrially applied beyond...

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The interplay between copyright and design law in India has long been a fertile ground for legal disputes, particularly when artistic works and industrial designs converge. The Supreme Court of...

License Issuers for Copyrighted Sound Recordings Must Comply with Section 33(...

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The intersection of intellectual property law and commercial interests often gives rise to complex disputes, particularly in the realm of copyright law. The case of Azure Hospitality Private Li...

Low Threshold Test for Framing Issues Under Section 124(1)(b)(ii) of the Trad...

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In the dynamic realm of intellectual property law, disputes over trademark validity often highlight the delicate balance between proprietary rights and fair competition. The case of Franco Indi...

Concurrent Civil and Criminal Proceedings Permissible Despite Pending Civil S...

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In the intricate landscape of intellectual property disputes, the intersection of civil and criminal law often presents complex challenges, particularly when allegations of trademark infringeme...

Mere Website Access or Listings Without Targeting Delhi Don't Confer Jurisdic...

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In the realm of intellectual property law, territorial jurisdiction often emerges as a pivotal battleground, shaping the trajectory of trademark disputes. The case of M/s Kohinoor Seed Fields I...

Patent amendments under Section 59(1) must be limited to disclaimers, correct...

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In the intricate domain of patent law, the case of AbbVie Biotherapeutics Inc. & Anr. v. Assistant Controller of Patents stands as a critical examination of the boundaries of permissible cl...

Rule 18(2) of the Trade Marks Rules, 2017, must be interpreted purposively to...

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In the intricate landscape of trademark law, the case of Mars Incorporated v. The Registrar of Trade Marks & Ors. emerges as a pivotal exploration of procedural fairness and the sanctity of due...

Section 47 of the Trademark Act: Cancellation of Trademarks for Non-Use or La...

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In the dynamic realm of intellectual property law, the case of Falcon Licensing Limited v. PRI Enterprises Private Limited stands as a compelling testament to the judiciary’s commitment to pr...

In Matters Of Involving Infringement Of Trademarks And Copyrights, Injunction...

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In the intricate world of intellectual property rights, where brand identity is paramount, the role of prior use, dishonest adoption, and delay in legal action often come under judicial scrutin...

In Matters Of Involving Infringement Of Trademarks And Copyrights, Injunction...

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In the intricate world of intellectual property rights, where brand identity is paramount, the role of prior use, dishonest adoption, and delay in legal action often come under judicial scrutin...

Trademark Infringement and Passing Off: How Deceptively Similar Packaging, Fo...

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Trademark conflicts in the consumer appliances sector have seen a surge with increasing brand consciousness and aggressive marketing tactics. The case of Maya Appliances Private Limited vs Vibr...

Common Elements Alone Do Not Suffice Unless They Dominate The Mark’s Identi...

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In the dynamic arena of trademark law, the case of Mex Switchgears Pvt. Ltd vs Omex Cables Industries & Anr., decided on July 17, 2017, by the Delhi High Court, emerges as a gripping tale o...

Conditional Injunctions Require Courts To Assess Compliance With Specific Dir...

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In the bustling world of commercial litigation, where brand identity is fiercely guarded, the Madras High Court's Commercial Appellate Division delivered a pivotal ruling on July 8, 2024, in Ma...

Price Differences And Consumer Sophistication Do Not Necessarily Negate Confu...

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In the realm of intellectual property law, trademarks serve as the lifeblood of brand identity, encapsulating a company's reputation, goodwill, and consumer trust. The case of M/S. South India ...

It is the Holistic similarity and not the dissection, which governs Trademark...

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In the intricate tapestry of intellectual property law, the case of M/S Sohan Lal Nem Chand Jain v. Trident Group & Others, decided on October 3, 2011, by the Delhi High Court, stands as a ...

Limits of Descriptive Trademarks: No Absolute Monopoly Despite Secondary Meaning

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In the bustling world of commerce, where brands vie for consumer loyalty, the case of Cadila Healthcare Ltd. v. Gujarat Co-operative Milk Marketing Federation Ltd. & Ors. stands as a compel...

Acquiescence Requires Positive Acts, Not Mere Delay

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In the bustling world of commerce, where brands battle for supremacy, the case of Abdul Rasul Nurallah Virjee and Another vs. Regal Footwear stands as a testament to the fierce protection of in...

Gandhi and Buddha Were Not Wrong-We Wronged Them

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History often remembers great souls with reverence, yet forgets the burden their teachings place upon us. Lord Buddha and Mahatma Gandhi did not merely advocate non-violence, compassion, and tr...

Borrowed Words, Broken Trust: Justice On Trial

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In the democratic fabric of India, the judiciary is not merely an institution-it is the moral compass that steers the nation when other branches falter. Revered as the ultimate guardian of cons...

Patent Revocation Filing Alone Won't Anchor High Court Jurisdiction—Unless ...

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In the intricate realm of intellectual property law, jurisdictional disputes often serve as the gatekeepers to substantive justice. The case of Matrix Laboratories Limited versus F. Hoffmann-La...

Section 29(5) Is An Additional, Not Exclusive, Ground For Infringement, And I...

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In the fiercely competitive landscape of pharmaceuticals, where brand identity can be a lifeline for both companies and consumers, the clash between Mankind Pharma Limited and Novakind Bio Scie...

Trademark Rights Under Section 28: Exclusive Protection Even Without Identica...

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In the bustling world of India's cement industry, where brand identity can make or break a company, a fierce legal battle unfolded between Nuvoco Vistas Corporation Limited and JK Lakshmi Cemen...

Passing Off Protection for Public Domain-Inspired Designs: How Creative Use B...

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In the vibrant world of lifestyle products, where creativity and originality reign supreme, the clash between Eicher Goodearth Pvt Ltd and Krishna Mehta & Ors stands as a compelling narrati...

Commonly used terms describing product attributes cannot be monopolized as a ...

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The case of Cadila Healthcare Ltd. v. Dabur India Ltd., decided by the Delhi High Court, revolves around the claim of exclusive rights over the expression "SUGAR FREE" by Cadila ...

Section 11(2) Requires Proof Of Unfair Advantage Or Detriment, Not Mere Reput...

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The case of Nandhini Deluxe vs. M/S. Karnataka Cooperative Milk Producers Federation Ltd. is a significant trademark dispute adjudicated by the Supreme Court of India on July 26, 2018. The cent...

Vast Price Differential Between The Two Products, Held To Be Fatal Against Gr...

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The case of M/S Gufic Ltd. & Another vs. Clinique Laboratories, LLC & Another is a trademark dispute adjudicated by the High Court of Delhi. This appeal arose from an interim order issu...

Descriptive Marks Require Robust Evidence Of Secondary Meaning For Exclusivity

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The case of M/S Freeelective Network Private Limited vs. M/S Matrimony.Com Limited is a significant trademark dispute adjudicated by the High Court of Judicature at Madras. The Plaintiff, Freee...

Common Field Of Activity Isn't Essential For Passing Off When A Name Carries ...

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In the intricate landscape of intellectual property law, few cases encapsulate the tension between heritage and innovation as vividly as Kirloskar Diesel Recon Pvt. Ltd. and Others vs. Kirloska...

Sale of Infringing Goods as Cause of Action Under Section 20(c) CPC

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In the intricate world of trademark litigation, the case of LG Corporation and Anr. Vs. Intermarket Electroplasters (P) Ltd. stands as a testament to the complexities of territorial jurisdictio...

The Role Of Intermediaries: Such As Social Media Platforms, E-Commerce Websit...

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The advent of the internet has revolutionized communication, commerce, and information dissemination. However, this digital transformation has also led to new legal challenges, particularly con...

Obscenity, Free Speech and Trademark Law

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The relationship between trademark law and obscenity has been a subject of legal debate across various jurisdictions. Courts have often been called upon to determine whether trademarks that may...

Features With Identical Functionality May Negate Novelty If Fully Anticipated...

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This case involves a legal challenge to a patent refusal by the Assistant Controller of Patent and Designs under the Patents Act, 1970, adjudicated by the Bombay High Court in its Commercial Di...

Minor Variations In Trade Dress Or Font Size Do Not Absolve A Party From Infr...

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The case of Madhu Food Products v. Surya Processed Food Pvt. Ltd. revolves around trademark infringement and passing off concerning confectionery products. The dispute involves the respondent, ...

Maintainability Of A Suit Filed In The Name Of A Firm That Had Already Been D...

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The case of American Furnishing House vs. Udal Ram Bhurji presents an important legal question regarding the maintainability of a suit filed in the name of a firm that had already been dissolve...

The Deliberate Imitation Of The Distinctive Elements Indicated Bad Faith Ado...

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The case of VST Industries Limited vs. ASD Tobacco Private Limited & Anr., decided on March 6, 2025, in the Delhi High Court, is a crucial trademark dispute concerning the rectification of ...

Descriptive Words Cannot Be Monopolized In Trademarks Unless They Acquire Dis...

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The case of Kewal Krishan Kumar vs. Rudi Roller Flour Mills (P) Ltd. & Anr. is a significant decision in trademark law, dealing with the question of whether two similar-sounding trademarks ...

Use Of The Trademark For Export Amounted To Use In India

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The case of Saga Lifesciences Limited v. Aristo Pharmaceuticals Pvt. Ltd. is a significant ruling in the field of trademark law, particularly concerning the pharmaceutical industry. The dispute...

Failure to obtain prior permission under Section 124 of Trademarks Act 1999 d...

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Trademark disputes often hinge on complex legal interpretations, particularly regarding the requirement of prior permission under Section 124(1)(b)(ii) of the Trade Marks Act, 1999. The ca...

When the goods are identical, even a slight similarity in trademarks can caus...

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The case of Amba Shakti Steels Ltd. v. Sequence Ferro Private Limited revolves around a trademark dispute concerning the similarity between the trademarks “AMBA” and “AMMAJI.” The appel...

Prior admissions in foreign jurisdictions can be used to assess patent validity

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The case of F. Hoffmann-La Roche AG & Another v. Natco Pharma Limited revolves around the contentious balance between patent rights and the public’s access to affordable medicines. The dispute co...

Jurisdiction and Defendant own admission in opposition proceeding regarding a...

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The case of Prime Comfort Products Private Limited vs. Lal Bahadur Trading as Sulakshmi Enterprises is a significant trademark dispute that brings forth critical issues related to territorial j...

Delays in re-filing should be assessed on different considerations than delay...

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The case of Dr. Narender Kumar Sharma & Ors vs. Maharana Pratap Educational Center revolved around the procedural aspect of filing and re-filing a written statement. The dispute arose when ...

Honest And Concurrent Use Is Not A Defense Against Trademark Infringement

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The case of KEI Industries Limited vs. Raman Kwatra & Anr., decided by the Delhi High Court on May 17, 2022, deals with a dispute over trademark infringement. KEI Industries, a well-establi...

Technical Drawings Could Qualify For Copyright Protection

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The case of J.C. Bamford Excavators Limited & Anr. vs. Bull Machines Pvt. Ltd., decided by the Delhi High Court on December 20, 2017, revolved around allegations of design and copyright inf...

Personal Surnames Cannot Be Used As A Justification For Misleading Branding

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The case of K.G. Khosla Compressors Ltd. vs. Khosla Extrakting Ltd. & Ors., decided by the Delhi High Court on June 19, 1985, dealt with an important question of trademark and business name...

Phonetic similarity alone could be sufficient to establish deceptive similarity

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The case of K.R. Chinna Krishna Chettiar vs. Sri Ambal & Co., Madras & Anr., decided by the Supreme Court of India on April 14, 1969, is a landmark judgment concerning trademark law, pa...

Even Partial Similarities In Trademarks Could Lead To Consumer Confusion

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The case of Izuk Chemical Works vs. Babu Ram Dharam Prakash, decided by the Delhi High Court on May 11, 2007, is a landmark judgment concerning trademark infringement and passing off. The plain...

Consumer confusion, even if indirect, is sufficient to grant an injunction in...

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This case revolves around a legal dispute concerning trademark infringement, passing off, and unfair competition between ITC Limited and Arpita Agro Products Pvt Ltd. The plaintiff, ITC Limited...

Effect of Dynamic Effect: Part-3 : Trademark Cancellation

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This case primarily deals with whether a High Court other than the one having jurisdiction over the Trade Marks Registry that granted the trademark can entertain rectification petitions under S...

Dominant feature of Registered Trademark and Trademark infringement

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Factual Background: Himalaya Global Holdings Ltd. and its subsidiary, leading herbal health product manufacturers, filed a suit against Rajasthan Aushdhalaya Private Li...

Foreign Patent Grants Or Rejections Have Only A Persuasive Value

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Fact of the Case: Milliken and Company, the appellant, challenged the refusal of their Indian patent application (no. 6093/DELNP/2013) for "Additive Compositions and Thermoplastic Polymer...

Statutory framework under Section 11(6) and 11(7) of the Trade Marks Act, 199...

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The Indian Hotels Company Limited (plaintiff), part of the Tata Group and owner of the renowned TAJ brand, filed a suit against Gaurav Roy Bhatt & Anr. (defendants) for infringement of their...

The Test For Consumer Confusion Is Based On The Perspective Of A Customer Of ...

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Parties Involved: Mannat Group of Hotels Private Limited and its managing director, Mr. Virender Singh Kadyan (plaintiffs) filed a suit seeking a permanent injunction against M/s Mannat Dhaba...

Trademark Infringement and anti dissection Rule

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This case revolves around a trademark dispute between DS Drinks and Beverages Private Limited and Hector Beverages Private Limited concerning the use of the mark "SWING" for beverages...

Licensee Patent Estoppel Challenges in Indian Patent Law

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Licensee patent challenges represent a critical intersection between contractual agreements and patent law. This concept, which addresses whether a licensee can dispute the validity of a patent...

One Registered Proprietor of Design against another registered Proprietor of ...

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This case concerns a design infringement dispute where Indo Asahi Glass Co. Ltd., the plaintiff, alleged that Jai Mala Roller Glass Ltd., the defendant, infringed its registered design titled &...

Patent Infringement in Quia Timet Action

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This article examines a recent case wherein the plaintiff sought an ex parte injunction in a quia timet action for patent infringement concerning the pharmaceutical compound 'Ruxolitinib.' The ...

A Patentee Can Sue Another Patentee For Patent Infringement

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The present case concerns a patent infringement dispute between Hindustan Lever Limited (HLL) and the defendants Mr. Lalit Wadhwa and Eureka Forbes Ltd. (Defendant No. 2). The plaintiff alleged...

Passing Off Claim Can Coexist With A Design Infringement Claim, Provided The ...

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This case relates to a dispute between Havells India Limited and Panasonic Life Solutions India Pvt. Ltd. over allegations of design infringement and passing off. Havells India Limited, the pla...

Section 124 Requires Only Prima Facie Plea Of Invalidity Of Registered Tradem...

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This case involves a trademark infringement suit between two global FMCG giants, PepsiCo Inc. and Parle Agro Private Limited, relating to the tagline "For The Bold." The case primarily...

Trademark Infringement And Google Ad Keywords

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The case revolves around whether the use of a trademark as a keyword in Google Ads constitutes "use" under the Trade Marks Act, 1999 and if Google can claim protection as an intermedi...

A Slight Modification Of An Existing Design Does Not Confer Exclusive Rights

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The case of Glaxo Smithkline Consumer Healthcare vs. Amigo Brushes Private Limited & Anr. revolves around an alleged infringement of a registered toothbrush design. The plaintiff, a global ...

Effect Of Dynamic Effect Part 1 Design Cancellation

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This case, decided by the Delhi High Court on December 22, 1977, addressed the jurisdictional question of whether the High Court of Delhi had the authority to entertain applications under Secti...

The Standards For Evaluating Novelty And Originality Differ From The Standard...

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The case of Diageo Brands B.V. & Anr. vs. Alcobrew Distilleries India Pvt. Ltd. before the Delhi High Court concerns the enforcement of rights under the Designs Act, 2000. The plaintiffs al...

A Registered Trademark Enjoys Statutory Protection And Cannot Be Diluted Mere...

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The case of Devi Pesticides Private Ltd. vs. Shiv Agro Chemicals Industries is a notable decision concerning trademark infringement and passing-off within the agrochemical industry. The dispute...

Rejection Of A Subsequent Patent Application Does Not Create A Carve-Out Or E...

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The case of Cipla Ltd. vs. F. Hoffmann-La Roche Ltd. & Anr. is a significant judgment in Indian patent jurisprudence, especially concerning pharmaceutical patents. The dispute centers aroun...

Phonetic Similarity Alone Can Be Sufficient To Establish Trademark Infringeme...

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The case involves a trademark dispute where the plaintiff, Chanel Ltd., alleged infringement of its registered trademark "CHANEL" by the defendant, Sunder Chemicals Agarbati Works (P)...

Section 12A Of The Commercial Courts Act Is In Applicable To Suits Involving ...

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The case concerns a trademark and copyright dispute where the appellant, Chandra Kishore Chaurasia, filed a suit against R A Perfumery Works Private Limited for alleged infringement of his regi...

Composite Suit for Design Infringement And Trade Dress Passing Off is Maintai...

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The case revolves around a dispute regarding design infringement and passing off. Carlsberg Breweries A/S, the plaintiff, alleged that Som Distilleries and Breweries Ltd., the defendant, had in...

A Copy Need Not Be An Exact Reproduction; Substantial Similarity Is Sufficien...

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The case revolves around an alleged infringement of copyright in an artistic work. The plaintiffs, C. Cunniah & Co., claimed that the defendants, Balraj & Co., had produced and sold a p...

A Publisher Of An Artistic Work Is Presumed To Own Its Copyright Unless Rebutted

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The case revolves around allegations of trademark infringement, passing off, and copyright infringement by Brooke Bond India Limited against Balaji Tea (India) Pvt. Ltd. The dispute arises over...

A Suit For Patent Infringement Can Proceed Separately From A Declaratory Suit...

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The case of Bristol-Myers Squibb Holdings Ireland Unlimited Company and Ors. Vs. Natco Pharma Limited revolves around a dispute concerning the alleged infringement of the patent for the pharmac...

Forum Shopping May Bar Injunction if Relief Was Denied Elsewhere

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The case of Black Diamond Track Parts Private Limited & Ors. Vs. Black Diamond Motors Private Limited revolves around a dispute over the use of the trademark "BLACK DIAMOND" in re...

Family Agreements Bind Heirs If They Accept Benefits Under Them

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The case of Ramji Lal Agarwal vs. Sourav Agarwal revolves around a dispute over the right to use the trade name "Sindharam Sanwarmal" in the dry-fruits, spices, and dry-vegetables bus...

Patent Claim Construction: Patent Specification Is To Read First And Then The...

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The case of Biswanath Prasad Radhey Shyam Vs Hindustan Metal Industries is a landmark judgment in Indian patent law, where the Supreme Court of India examined the principles of novelty and inve...

Where A Party Contests Non-Receipt Of Hearing Notices In A Trademark Oppositi...

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The case concerns an appeal under Section 91 of the Trademarks Act, 1999, challenging the order passed by the Trademark Registry on April 5, 2016. The opposition filed by Dr. Smita Naram agains...

Patent Applicant should not be allowed to suffer on account of negligence of ...

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This case revolves around the abandonment of a patent application due to a failure to respond to the First Examination Report (FER) within the prescribed period under Section 21(1) of the Paten...

Effect of dynamic effect-Part-5: Trademark, Design and Patent Revocation Peti...

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The concept of dynamic effect has played a crucial role in determining the jurisdiction of High Courts in intellectual property disputes, particularly in trademark rectification, design cancell...

Lack of Inventive Step and Insufficient Disclosure: Mutually Exclusive Ground...

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The case of BASF SE Vs. Joint Controller of Patents revolves around the patentability of an invention filed by BASF SE. The dispute concerns the rejection of a patent application by the Indian ...

Bolar Provision under the Patent Act: Section 107 A of Patent Act 1970

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The case of Bayer Corporation vs. Union of India & Ors., decided by the Delhi High Court on April 22, 2019, concerns the interpretation of Section 107A of the Patents Act, 1970, commonly kn...

The defense of using one's surname innocently in trade could not justify conf...

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This case concerns a dispute between Bajaj Electricals Limited (plaintiff) and Metals & Allied Products and another (defendants) regarding the unauthorized use of the trademark "Bajaj....

Ex parte injunctions should be granted only when justified by urgency, with r...

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The case of B.L. And Co. And Others vs. Pfizer Products Inc. revolves around the alleged passing off of the drug 'VIAGRA' by the defendants through their product 'PENEGRA'. The dispute primar...

There Is No Statutory Bar On Instituting Patent Infringement Suit While Post-...

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Astrazeneca AB & Anr. filed a suit against Westcoast Pharmaceutical Works Ltd. alleging patent infringement. The plaintiffs contended that the defendant was manufacturing and selling a ph...

Effect of Dynamic Effect: Part-4 Trade Mark Cancellation-Referred to Larger B...

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The case concerns a rectification petition filed under Section 57 of the Trade Marks Act, 1999, challenging the registration of the trademark "HARSHY", which was alleged to be decepti...

Effect Of Dynamic Effect: Part-2: Patent Revocation Petition And Patent Appeal

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This case pertains to a revocation petitionfiled under Section 64 of the Patents Act, 1970, by Dr. Reddy’s Laboratories Limited and MSN Laboratories Pvt. Ltd. against the patent granted...

Trademark Rectification Must Be Filed in the High Court of the Granting Trade...

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Fact of the Case: Chunulal Seetaram filed an appeal under Section 76 of the Trade Marks Act, 1940, against the decisions of the Registrar of Trade Marks regarding the rectification o...

Rule 45(2) Of The Trade Marks Rules, 2017 Is Procedural And Directory In Nature

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Alpha Foundation for Education and Research, a charitable educational trust established in 1993, had been using the trademarks "AKARA," "AKARA STAR KIDS," and its associated...

Cause of Action for Trademark Appeal Lies in High Court of Registrar’s Deci...

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The case of Abdul Ghani Ahmad vs. Registrar of Trade Marks addressed a significant issue concerning the interpretation of “the High Court having jurisdiction” under Section 76(1) of the Tra...

Claiming A Generic Defense Is Not Valid When The Defendant Itself Seeks Propr...

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The case involves a trademark dispute between Automatic Electric Limited (plaintiff) and R.K. Dgawan & Anr. (defendants) regarding the alleged infringement and passing off of the plai...

Failure to File a Written Statement Within 120 Days Under the Commercial Cour...

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The case of Rohit Sharma Vs A.M Market Place Pvt Ltd. was adjudicated by the High Court of Delhi concerning issues related to service of summons, procedural compliance, and forfeiture of the ri...

Madras HC's Jurisdiction to Transfer Rectification Proceedings from Trade Mar...

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Detailed Factual Background: The plaintiffs, Nippon Paint Holdings Co. Ltd and Nippon Paint (India) Pvt. Ltd., had obtained trademark registration for "NIPPON PAINT" from the Trade Marks Reg...

Renewal of Trademarks Beyond the Statutory Period:

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Brief Facts of the Case The petitioner, M/S Sakthi Oil Mills, was the registered proprietor of the trademark "THENALEE," registered under Trade Mark No. 1133971 in Class 29. ...

Rectification Petitions Under Sections 47 And 57 of the Trade Marks Act Must ...

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The case revolves around a trademark rectification dispute in which the petitioner, M/S Woltop India Pvt. Ltd., sought the transfer of its pending rectification petitions from the Registrar of ...

Civil Courts Cannot Examine Case Merits While Deciding Trademark Validity Und...

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The case involves a dispute over the trademark "AZURE" between Microsoft Corporation, the petitioner, and Azure Knowledge Corporation Private Limited, the respondent. Microsoft Corpor...

Under Section 124 of Trademark Act 1999, passing off action can not be stayed

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This case involves a dispute between M/S. Lotus Organic Care and M/S. Aadhar Products Pvt. Ltd. concerning trademark infringement and passing off. The primary contention revolves around the val...

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Popular Articles by Ajay Amitabh Suman

Guidelines For Implementation of Section...

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Section 209 of IPC has remained unchartered territory in matters pertaining to Intellec...

The Scope of Contempt Proceedings and re...

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The appeal under consideration challenges an order issued by a single judge of the Madhya Prade...

Additional Documents At The Trial Stage

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This case relates to intellectual property right, more especially trademark right. The judgm...

Producing Additional Document At The Sta...

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The Criminal Method Code of 1973 is the main code governing the procedure followed by Indian co...

Summoning of Registrar of Trademark To P...

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In a Civil Suit proceeding pertaining to Intellectual Property Right in India, when ever matter...

Filing of additional Documents in Commer...

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Prior to enactment of Commercial Court Act 2015, normally Plaintiff or Defendant could file the...

Order 39 Rule 2A CPC and Requirement of ...

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This article examines a recent case where the plaintiff sought to hold Defendant 1 accountable ...

Pass Over and Adjournment: Judicial Way ...

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First, let us clarify what Passover and adjournment are all about. In reality, when an advocate...

Confronting Photocopies of the documents...

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These questions often arises, whether during the course of cross examination, the witness can b...

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