Ajay Amitabh Suman

Ajay Amitabh Suman

Member since: January 10, 2019
Total live articles: 405

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.

Recent Articles by Ajay Amitabh Suman

Judicial Review of Ex-Parte ad interim Injunction Order

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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 Applicability of Trademarks Rules 2017 to Pending Proceedings under Trade...

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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...

No Exclusivity Over Descriptive And Common Elements Of Trademark

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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...

Pith and Marrow Doctrine in Patent Infringement Cases

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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 ...

Binding Nature Of Undertakings In Trademark Disputes

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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 ...

No Trademark Right Over An Expression Used Purely In A Descriptive Sense

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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. ...

Section 124 of the Trademarks Act 1999 and third Party Rectification

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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...

Failure to Conduct Trademark Search prior to adoption of Trademark

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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...

Relief Under Section 24(5) Of The Protection Of Plant Varieties And Farmers R...

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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...

Ad Interim Injunction Against Registered Proprietor Of Trademark

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'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...

Defence of Section 35 of Trademarks Act 1999 and Bonafide Use of Name

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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...

Visually Dissimilar but Phonetically Similar Trademark

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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...

Res Judicata and Summary Disposal in Trademark Disputes

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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...

Use of Modified Label and Non-Use of Registered Trademark

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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...

Primacy of Execution in Trademark Assignment Deeds over Recordation

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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. ...

Teaching In Prior Art Must Be Enabling For PSITA [Person Skilled In The Art] ...

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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 ...

Rebranding of expired product Reverse Passing Off

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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 ...

Credible Challenge to Plaintiff's Patent in a Patent Infringement Suit

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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...

Misuse of Plaintiff's Product images by Defendants in listing of impugned pro...

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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...

Sanofi and another Vs Zanofi Pharmaceutical Pvt. Ltd.

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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...

Invocation Of Section 104 (A) Of Patent Act 1970 In Relation To Quia Timet Ac...

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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...

Advertisement of Trademark before Acceptance in Trademark Journal

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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...

The Legal Implications of Patent Expiry on Relief for Patent Infringement

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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 ...

Implications of Inaction in Third-Party Trademark Usage

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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...

Section 12 of Company Act 2013 and Entitlement of Company to Use Its Old Name

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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...

Ex-Parte Injunction in Quia Timet Action: Protecting Patent Rights in Pharmac...

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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 ...

Abuse Of Criminal Law Machinery In Civil Business Dispute

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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...

Non-Rebuttal of Averments in Trademark Cancellation Petition

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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...

Obtaining Ex Parte Injunction on the basis of Old Trademark and Packaging

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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...

Amendment in Patent specification by way of explanation

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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 ...

Reply to First Examination Report in Patent Examination process

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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...

Urgent Relief and Pre Institution Suit mediation under Section 12 A of Commer...

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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...

Facilitating Effective Cross-Examination Via Video Conferencing: Balancing Co...

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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...

Section 124 Of The Trademarks Act 1999: Scope Of Invalidity Plea Beyond The W...

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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...

Relevance of Foreign Patent Application in Patent Infringement Suit

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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...

Jurisdiction of a Court in Trademark Disputes: Impact of Trademark Applicatio...

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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...

Mandatory Timelines for filing evidence in support of opposition under Rule 5...

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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...

Amendment Restrictions in Patent Specifications

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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...

The Rebuttal of Presumption in Email Service in Trademark Opposition Proceeding

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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 Legal Implications of Retweeting Defamatory Content

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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...

Legal Implications of Using a Word in a Non-Trademark Significance

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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...

Jurisdictional Challenges in Trademark Law: Conundrum of Dynamic Effect of Re...

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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 ...

Trademark Disputes and Impersonation

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The plaintiff asserted ownership of the trademarks "SEQUOIA" and "PEAK TV PARTNERS" specifically in relation to investment services. This indicates that the plaintiff holds ...

Safeguarding Trademark Rights: Injunction against amended Label of Defendant

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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...

Trademark Infringement And Product-By-Process Patent

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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...

Prevention Of Deceptive Practices

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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...

Constitutional Validity of Rule 3(i)(II)(A) and (C) of IT Rules 2021

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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 ...

Classification of Goods and Possibility of Confusion

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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...

Defamation and Damages

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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...

Difference of Product and Trademark Infringement

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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...

A Case Study Of FLY High Versus FLY HI

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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 ...

Non Rebuttal Of Contents Of Plaint

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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...

Impersonation and Investment Scams and Trademark

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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...

The Possibility of confusion in Market and Trademark Infringement

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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...

Role of Consumer perception in Trademark Infringement

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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...

A Case Study Of Trademark Squatting

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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 ...

The Averment of Plaint and onus of proving contents thereof

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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 Challenges in Civil Litigation:Averment made in Plaint

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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...

Trademark dispute and Nature of product

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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...

Analysis of Trademark Infringement and interim Injunction in REO Vs. REOLT Case

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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...

Rejection of Plaint under Section 12A of Commercial Court Act 2015

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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...

Me Too Registration under Section 9 (4) of Insecticide Act 1968 and Patent In...

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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...

Trademark Infringement and Defense under Section 30 (2) (a) of Trademark Act ...

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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...

Unveiling Legal Autonomy: The Intersection of Copyright Ownership and Licensi...

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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...

The Interplay of COPTA Act 2003 and Trademarks Act 1999: A Comprehensive Anal...

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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...

Comparative Analysis of Composite Trademarks

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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...

Anti-Dissection Rule and Dominant or Essential Feature Principle in Trademark...

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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...

Impact of Suppressing Disclaimer Conditions on Trademark Registration

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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...

Repeated violation of Intellectual Property Rights

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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...

Accepting Additional Documents Which Were Left Out Due To Inadvertent Error

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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...

Criminal Proceeding Dropped As Dispute Relating To Trademark Is Civil Dispute

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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 ...

Part Of Registered Trademark, Being Common To Trade

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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...

Trademark Infringement and the Perils of Smart Copying

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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...

Rectification of a Registered Trademark Based on Non-Use

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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...

Faith Over Infrastructure and Timing of Ram temple inauguration

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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...

The Locus of Pre-Grant Patent Opponent in Patent Examination Process

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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...

Mistake of Styling a Candidate Variety as 'New': A Remediable Oversight

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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...

Analysis of Trademark Infringement: Biryani King Vs. Biryani King XXXL

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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...

Trademark Infringement and the DIABLISS v/s. DIABEAT Case

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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...

Cause Of Action And Jurisdiction Of A Writ Court

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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...

Due Diligence Requirements For E-Marketing Websites

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The digital marketplace has provided numerous opportunities for businesses and consumers alike. However, with these opportunities come challenges, particularly concerning the sale of counterfei...

Lodging Of FIR And Cause Of Action For Suit Under Section 60 Of The Copyright...

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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...

Suppression of Fact and Its Ramifications in a Patent Infringement Suit

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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...

There Can Not Be Copyright Infringement If Similar Theme Presented Differently

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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...

Necessity Of Goodwill In An Action For Passing Off

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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...

Defense on the Basis of Erroneously Granted Trademark Registration

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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. ...

Trademark Injunction in Relation to Eateries

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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...

Interpretation And Implications Of The Biological Diversity Act In Patent App...

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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...

Business Method and bar of Section 3 (k) of the Patent Act 1970

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Background: The Appellant, seeking protection for an invention titled "For selectively concealing physical address information," lodged Application No. 201641026786. However, the Con...

The conscious attempt by the Defendant in copying the idea behind Plaintiff's...

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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 locus of Registered Proprietor to Institute Suit in Geographical Indicati...

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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...

New Form Of Known Substances And Bar Of Section 3 (D) Of Patent Act 1970

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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 Effect Of Statement Made By A Party In Reply To Trademark Examination Report

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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 ...

Use Of Google Keyword Does Not Constitute Infringement Of Trademark

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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...

Analyzing the Cancellation of the Trademark

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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...

Distinction Between Reasonable Cause, Good Cause, and Sufficient Cause in Adm...

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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...

Res Ipsa Loquitur in Trademark Infringement

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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...

The Use of a Mark in a Non-Trademark Sense

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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 ...

Relief Pertaining Multiple Trademark In One Suit

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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', ...

Blaming Pandit Nehru Can Not Fetch A Better India

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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...

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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...

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...

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...

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