Myself Ajay Amitabh Suman, An Advocate Practicing Hon'ble High Court of Delhi, having specialization in Intellectual Property Right for more than 20 years. Besides practicing in Hon'ble High Court of Delhi, I am also a Poet, Author, Blogger, Vlogger and Writer.
Abstract: This article delves into the legal intricacies surrounding the appeal against an ex-parte injunction order, with a specific focus on a case where the Appellant challenges the x-Par...
The legal landscape governing trademarks in India underwent a significant change with the enactment of the Trademarks Rules 2017. However, questions have arisen regarding the retrospective appl...
In the case at hand, the appellant challenges an order restraining them from adopting the trademark 'DD Free Dish' pending disposal of the suit. The principal question revolves around the simil...
In patent infringement cases, the determination of whether an accused product infringes upon a patented invention often involves complex legal and technical analysis. The principle of the 'all ...
Trademark disputes often hinge on the recognition and protection of proprietary rights. In the case at hand, the dispute revolves around the usage of trademarks 'POWER' and 'TOWER' in relation ...
The intersection of trademark law and purely descriptive terms often presents complex legal challenges, as demonstrated in the case of "JU NASHAK" a term used to describe an anti-lice product. ...
The interpretation and application of Section 124 of the Trademarks Act 1999, particularly concerning the reliance on third-party rectification petitions in suit proceedings, have been a subjec...
The case of failure to conduct a trademark search prior to adopting a trademark highlights the importance of due diligence in trademark registration and use. This article analyzes the legal imp...
Section 24(5) of the Protection of Plant Varieties and Farmers' Rights Act 2001 pertains to the granting of relief during the pendency of an application for registration of plant varieties. A r...
'In a recent trademark dispute between the plaintiff's mark "LACY" and the defendant's mark "LECY," the court granted an ad interim injunction against the defendant, despite...
In a recent trademark dispute between the plaintiff's mark "JINDAL" and the defendant's mark "RNJ RN JINDAL SS TUBES LABEL," the question of whether the plaintiff was entitl...
In a recent trademark dispute, the plaintiff sought a permanent injunction restraining the defendant from using the trademark 'RALLEYZ' or any other marks deceptively similar to the plaintiff's...
In a recent legal proceeding, the court grappled with the application of the doctrine of res judicata and the principle of summary disposal in a trademark dispute. This article provides a detai...
In cases where registered trademarks are not used, interested parties may seek rectification on grounds of non-use. This article examines a recent case involving a petition for the rectificatio...
The case at hand revolves around the dispute over the ownership of trademarks "HOGAR," "HOGAR CONTROLS," and "HOGAR DEVICE" between the Plaintiff and Defendants No. ...
In intellectual property law, the determination of patent validity often hinges on the concept of prior art. Prior art refers to any evidence that an invention is already known. When assessing ...
The case at hand revolves around allegations of trademark infringement and reverse passing off by the Plaintiff against Defendant No. 1. The Plaintiff contends that the Defendant is rebranding ...
In a recent legal proceeding, the court granted an interlocutory injunction in a patent infringement case involving the defendant's manufacturing and selling of Olaparib, a product covered by t...
In a recent ruling, the court addressed the issue of infringement of intellectual property rights in the context of e-commerce platforms. The case underscores the significance of safeguarding t...
In a recent ruling by the Hon'ble High Court of Delhi, the interpretation of Section 12 of the Companies Act, 2013, regarding the display of old company names came under scrutiny in a case wher...
Background: In the subject matter suit, the plaintiff, a patent holder in the biologic field, initiated a quia timet action against the defendant, alleging an imminent threat of patent infring...
This article delves into the legal intricacies surrounding pre-advertisement approval in trademark registration, as exemplified by a recent appellate case challenging the grant of a trademark r...
This article explores the legal ramifications of patent expiry on relief for patent infringement, as exemplified by a recent case adjudicated by the Hon'ble Division Bench of the High Court of ...
Abstract: This article examines a recent case where the defendant argued that a trademark had become generic due to the plaintiff's failure to take action against similar users. The court's di...
In the corporate landscape, the decision to change a company's name can stem from various strategic, branding, or legal considerations. However, the question of whether a company is entitled to...
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 ...
This article delves into the intricate legal nuances surrounding the stay of investigation sought by the petitioners in a criminal case involving allegations of civil business dispute. The case...
Trademark law serves to protect the distinctive marks that businesses use to identify and distinguish their goods or services in the marketplace. When disputes arise over trademark rights, part...
Background: The case at hand involves an appeal filed against an ad interim injunction order passed by the learned Commercial Court in a matter concerning trademarks and packaging. The appella...
Background: The case under discussion pertains to an appeal filed under Section 117A of the Patents Act, 1970, challenging the rejection of a patent application by the Assistant Controller of ...
Background: The case under discussion delves into the intricate realm of patent examination procedures, focusing on the reply to the First Examination Report (FER) and the subsequent rejection...
Background: The intersection of urgent relief and pre-institution suit mediation under Section 12A of the Commercial Courts Act, 2015, forms the crux of the case under discussion. Presented as...
In the evolving landscape of legal proceedings, the use of technology has become increasingly prevalent, especially in light of the COVID-19 pandemic. One such application is the appointment of...
The interpretation of Section 124 of the Trademarks Act 1999, regarding the necessity of raising a plea of invalidity of a registered trademark exclusively in the written statement, was scrutin...
The recent appellate decision in the case of CS (COMM) 884/2023 sheds light on the significance of foreign patent applications in patent infringement suits. The appellant, seeking an interim in...
This article delves into the nuanced issue of jurisdiction in trademark disputes, particularly concerning the filing of trademark applications by defendants. It examines a recent legal case whe...
This article examines a recent legal case concerning the adherence to mandatory timelines in trademark opposition proceedings. The case involves the failure of the Appellant to serve evidence i...
This article focuses on the limitations imposed on amendments to patent specifications beyond the scope of the original claim. It examines a recent legal case involving a patent application tit...
Abstract: This article delves into the intricacies of a recent legal case involving trademark opposition proceedings and the rebuttal of the presumption of proof of service via email. The subj...
The recent ruling by the Delhi High Court has brought to the forefront the complex legal issues surrounding the dissemination of defamatory content on social media platforms, particularly in th...
Trademark disputes often hinge on the usage and interpretation of specific words or phrases. In a recent case, the plaintiff, who claimed trademark rights in the word "SILK" for paint...
The determination of jurisdiction is a fundamental aspect of legal proceedings, ensuring that cases are heard by the appropriate judicial authority. In the realm of trademark law, the issue of ...
The plaintiff asserted ownership of the trademarks "SEQUOIA" and "PEAK TV PARTNERS" specifically in relation to investment services. This indicates that the plaintiff holds ...
In a recent legal development, the Plaintiff initiated legal proceedings against the Defendant, seeking a permanent injunction to restrain them from using the trademarks "Castrol," &q...
Subject Matter Product: Ferric Carboxymaltose (FCM): FCM is a patented product formulated to meet the requirements of an intravenous iron therapy. It is designed to be non-toxic, easily administ...
Trademark Ownership Claim: The plaintiff asserted ownership of the trademarks "SEQUOIA" and "PEAK TV PARTNERS" specifically in relation to investment services. This indicates that the plaintiff...
Writ Petitions under Article 226: Writ Petitions filed under Article 226 of the Constitution of India typically raise significant legal issues related to fundamental rights, such as freedom of ...
Plaintiff and Defendant: The Plaintiff is the party who filed the lawsuit, and the Defendant is the party against whom the lawsuit was filed. Trademark Dispute: The dispute arises from the use...
Background: The plaintiff filed a suit against the defendant, alleging that defamatory statements were made against them in the defendant's autobiography. Trial Court's Decision: The trial j...
In this case, the Plaintiff initiated a lawsuit based on their proprietary rights in the trademark "HERO High" in relation to bicycles, bicycle parts, and related products. The Plaint...
Trademark disputes play a crucial role in preserving brand identity and preventing consumer confusion in the marketplace. The case of "FLY High" versus "FLY HI" exemplifies ...
The Plaintiff utilized Order 8 Rule 10 of the Civil Procedure Code (CPC) to their advantage against the Defendants. Order 8 Rule 10 CPC allows a plaintiff to seek a judgment in their favor when...
In a recent legal development, a plaintiff has initiated a lawsuit against unknown defendants for impersonating them and orchestrating an investment scam. The plaintiff alleges that the defenda...
Trademark disputes play a pivotal role in safeguarding brand integrity and consumer trust in the marketplace. A recent case involving the infringement of the well-known trademark "TATA&quo...
The legal landscape surrounding trademark disputes is complex and dynamic, often involving intricate assessments of similarity, consumer perception, and market competition. A recent case involv...
In a landmark ruling, the Delhi High Court decreed a suit and issued a permanent injunction against a defendant, prohibiting the unauthorized use of the plaintiff's trademark "Botanic Hearth." The ...
In civil litigation, the defendant's failure to contest a suit can have significant implications for the outcome of the case. A recent legal dispute exemplifies this scenario, where the defenda...
Jurisdictional issues often play a crucial role in civil litigation, determining the court's authority to adjudicate a dispute. In a recent case before the Hon'ble Division Bench of the High Co...
In a recent trademark dispute before the Hon'ble Division Bench of the High Court of Delhi, the plaintiff and defendant clashed over the usage of the mark "GOLDEN GATE" in different i...
In a recent legal dispute before the Hon'ble High Court of Delhi, the plaintiff sought redress against the defendant for trademark infringement. The court, recognizing the potential harm to the...
In a recent judgment, the Allahabad High Court brought to the forefront the critical importance of Section 12A of the Commercial Court Act 2015 when initiating legal proceedings. The case in qu...
A recent legal dispute has arisen concerning the infringement of Indian Patent No. 384184, which relates to the "LIQUID COMPOSITION OF PENDIMETHALIN AND METRIBUZIN." The patent's prim...
A recent legal battle unfolded when the Plaintiff sought relief for the infringement of their registered trademark, LOTUS, against the Defendant's trademark, LOTUS SPLASH. While the court ackno...
In a recent legal battle that unfolded in the Bombay High Court, the nuanced relationship between Sections 30 and 33(1) of the Copyright Act, 1957 came under intense scrutiny. The cases at hand...
This legal article examines the intricate interplay between the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertising and Regulation of Trade and Commerce, Product...
This article delves into the legal intricacies surrounding the comparison of composite trademarks, focusing on a recent case where the plaintiff, having proprietary rights in the composite trad...
This article delves into a recent trademark dispute between the Appellant/Opponent, utilizing the marks PREMIER APPARELS, PREMIER CLUB, PREMIER GARMENTS, and the Respondent/Applicant, featuring...
The recent judgment by the Calcutta High Court in the MAZDOOR BIDI case sheds light on the consequences of suppressing a disclaimer condition on a registered trademark. In this case, the plaint...
The present legal discourse delves into a contentious lawsuit initiated by the plaintiff against the defendant, centered on allegations of persistent trade dress violation related to bicycle pa...
The legal scenario under consideration involves a significant procedural development in a civil case, where the defendant filed an application under Order XI Rule 1 of the Code of Civil Procedu...
The present legal article delves into the intricacies of a Criminal Revision filed against an order dated 16.01.2019 in Shyampukur P.S. E.B. case No. 28 of 2009 by the Learned Additional Chief ...
The recent legal dispute between the appellant and respondent delves into the complexities surrounding the use of common terms in trademarks and the consequent grant of exclusive rights. Centra...
The recent case before the Hon'ble High Court of Delhi sheds light on the nuances of trademark infringement and the concept of "smart copying." In this matter, the court restrained th...
The cancellation of a registered trademark on the grounds of non-use is a significant aspect of trademark law, as outlined in Section 47 of the Trademarks Act 1999. This article delves into a s...
The recent consecration ceremony of Shri Ram's Temple has sparked significant debate, with many questioning its timing and necessity. Critics argue that since the construction of the Ram temple...
One of the challenges surrounding patent law revolves around the locus of a pre-grant patent opponent in the patent examination process. This article delves into the critical examination of the...
The issue surrounding the mis classification of a candidate variety as 'New' instead of extant variety, within the agricultural or botanical realm often invokes questions of procedural correctn...
The case at hand involves a dispute between a plaintiff claiming ownership over the registered mark 'Biryani King' and a defendant using a deceptively similar mark, 'Biryani King XXXL'. The cen...
The realm of intellectual property rights is vital for fostering innovation and ensuring fair competition. Trademarks serve as essential tools in this framework by providing businesses with exc...
The matter before the Hon'ble High Court of Madras revolved around the intricate issue of jurisdiction concerning the entertainment of a writ petition challenging the refusal of a pre-grant not...
The digital marketplace has provided numerous opportunities for businesses and consumers alike. However, with these opportunities come challenges, particularly concerning the sale of counterfei...
The intersection of intellectual property rights and criminal law has given rise to complex legal questions concerning the rights and remedies available to authors and creators. One such questi...
A patent, being a monopoly right granted by the state, is anchored on the principle that the patentee provides a full and truthful disclosure of the invention in return for exclusive rights. In...
The crux of the legal dispute revolves around the alleged infringement of the Plaintiff's copyrighted script titled 'Kabu na chhadein Khet' by the Defendant's movie, 'Shamshera'. The central is...
The case at hand revolves around a contentious trademark dispute concerning the mark "KHADI." While the plaintiff's trademark pertains to the implementation of programs for the develo...
The case concerning the trademarks 'GK hair' of the Plaintiff and 'GK wellness' of the Defendants delves into the intricacies of trademark registration and its implications on legal defenses. ...
The realm of intellectual property rights, particularly trademark law, is a crucial mechanism to protect businesses from unfair competition and safeguard consumers from confusion. The case conc...
The interplay between intellectual property rights and biological resources has long been a subject of contention, especially in jurisdictions where biodiversity is rich and bioprospecting is p...
Background: The Appellant, seeking protection for an invention titled "For selectively concealing physical address information," lodged Application No. 201641026786. However, the Con...
When an entity deliberately mimics another's trademark, it not only infringes upon intellectual property rights but also confuses consumers, leading to potential financial harm for the original...
The protection and enforcement of GIs are pivotal to safeguarding regional specialties from unauthorized use or imitation. A recent judgment by the Hon'ble High Court of Madhya Pradesh delineat...
Section 3(d) of the Patents Act, 1970, serves as a safeguard against evergreening of patents. This article delves into a recent decision by the Hon'ble High Court concerning the application of ...
The case in question pertains to a dispute between two entities: the Plaintiff, holding the trademark 'IOD' representing 'Institute of Directors,' and the Defendant, accused of infringing upon ...
The intersection of trademark law and digital advertising has given rise to several contentious issues, one of which revolves around the use of trademarks as keywords in online advertising plat...
This legal article provides a comprehensive analysis of a recent trademark dispute wherein the Respondent's mark "GLEE" was held to be deceptively similar to the Petitioner's register...
This legal article delves into a recent decision of the Hon'ble High Court of Delhi, where the court affirmed the trial court's order allowing the admission of additional documents in a commerc...
This legal article delves into the intricacies of a trademark infringement case, specifically focusing on the application of the doctrine of res ipsa loquitur. The case under consideration invo...
This legal article examines a case where the Plaintiff, claiming to be the registered proprietor of the trademark "SILK" since 1980 in relation to paints and related products, sought ...
In a recent legal development, a significant trademark infringement case emerged wherein the plaintiff asserted trademark rights against a range of well-known brands, including 'Calvin Klein', ...
The legacy of Pandit Jawahar Lal Nehru, India's first prime minister, is increasingly becoming a subject of controversy and heated debate in the country. However, it is essential to approach th...
Section 209 of IPC has remained unchartered territory in matters pertaining to Intellec...
This case relates to intellectual property right, more especially trademark right. The judgm...
The Criminal Method Code of 1973 is the main code governing the procedure followed by Indian co...
Prior to enactment of Commercial Court Act 2015, normally Plaintiff or Defendant could file the...