Ajay Amitabh Suman

Ajay Amitabh Suman

Member since: January 10, 2019
Total live articles: 289

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

Goodwill Of A Trademark And The Principle Of Territoriality

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The recent decision by the Hon'ble Division Bench of the High Court of Delhi in a trademark dispute involving the mark "BOLT" underscores the significance of the principle of territor...

Maintainability of Infringement Suit Based on Trademark Application

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The issue of the maintainability of an infringement suit based solely on the filing of a trademark application by the defendant is a nuanced legal question. This article delves into the matter,...

A Commercial Court located in NCR, without a public Toilet facility

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In recent times, India has found itself at a pivotal juncture in the digital landscape, with a significant segment of its population, totaling a staggering 20 crore, calling for increased regul...

Navigating the Digital Cross roads: OTT Content Regulation in India

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In recent times, India has found itself at a pivotal juncture in the digital landscape, with a significant segment of its population, totaling a staggering 20 crore, calling for increased regul...

A closer look at the Modern Age Web of Cyber Crime

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In the rapidly evolving landscape of technology, the surge in cyber crimes has become a pervasive concern, affecting individuals from all walks of life. A recent incident in my office shed ligh...

Deepfake Technology: Unveiling the Challenges and Urging Protective Measures

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The rapid evolution of technology has propelled humanity into an era of unprecedented progress and connectivity. However, as with any double-edged sword, the impact of technological advancem...

The Detrimental Impact of Indecent Language in Political Campaigns

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In the current political landscape, the quest for a universally accepted leader within alliances is obscured by the prevalence of superficiality. Regrettably, respect and honor seem to have giv...

Language Barriers And Expenditure: Impeding Equal Access To Justice

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The pursuit of justice is intricately tied to the principles of equality, yet the use of English in higher judiciary proceedings poses a significant obstacle to equal access to justice. This ch...

The Interplay Between Priority Dates and Publication Dates in Patent Law

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This article delves into the intricate relationship between priority dates and publication dates in patent law, drawing insights from a notable case before the Hon'ble High Court of Madras conc...

Trademark Rights Post-License Termination

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The recent judgment by the Hon'ble High Court of Delhi in the trademark dispute concerning the mark BACHPAN sheds light on the critical legal aspects surrounding the fate of a trademark user af...

Political Apathy On Infiltration From Neighboring States

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The nation finds itself ensnared in a pressing predicament - a stark absence of political will in confronting the looming specter of infiltration. Despite infiltrators posing a palpable threat ...

Analyzing Distinctiveness in Trademarks

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The legal landscape surrounding trademark registration often involves nuanced considerations of distinctiveness. This article delves into a recent case where an appeal was filed against the rej...

Ex Parte Injunctions In Passing Off Cases

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In a recent legal development, the Hon'ble High Court of Delhi addressed the pivotal question of granting an ex parte injunction in an action for passing off, specifically focusing on the commo...

Significance of Registered Certification Trademarks

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Certification trademarks (CTMs) hold a special place in intellectual property law as they signify that the goods or services meet specific standards set by the certifying authority. This articl...

A Call For Responsive Governance And Curtailment Of Political Expenditure

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In the current political landscape, the utilization of government funds to sustain the lavish lifestyles of high-ranking leaders worldwide raises concerns about the compatibility of such practi...

Additional Documents and Conflict between IPD Rules 2022 and Commercial Court...

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This legal article delves into the recent decision by the Hon'ble High Court of Delhi regarding the taking on record the additional documents in trademark cancellation petitions before the Comm...

Initial Interest Confusion In Pharmaceutical Trademarks

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The Hon'ble High Court of Delhi recently addressed the nuanced concept of initial interest confusion in a trademark dispute involving medicinal products. The case involved the Plaintiff, the re...

Gappling With Menace, Called Noise Pollution

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Air pollution has emerged as a critical issue in many urban areas, with Delhi and its neighboring cities in the National Capital Region (NCR) facing severe challenges. The recent data indicatin...

The Crucial Role of Trade Dress in Trademark Disputes

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The recent legal precedent concerning the dispute over the trade dress of "Good Day Butter Cookies" and "Sunfeast" underscores the significance of trade dress in trademark l...

Interplay Of Prima Facie Case And Irreparable Loss In Interim Injunctions

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This legal article delves into the intricate dynamics surrounding the significance of irreparable loss and damages at the interim injunction stage, drawing insights from a recent case before th...

The Dynamics of Trademark User Amendment

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The legal landscape surrounding trademark disputes often hinges on meticulous pleadings and the clarity of assertions made by parties involved. A recent case before the Hon'ble High Court of Gu...

Non-Use and Rectification of Registered Trademark

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This article delves into a recent legal case involving the cancellation of the registration of the trademark "MAHLE" under Registration No. 2897507 in Class-04, focusing on the ground...

Jurisdictional Challenges with Respect to Leave under Clause XII of Letters P...

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The intricacies of jurisdiction often come to the forefront in legal battles, and a recent case before the Hon'ble High Court of Mumbai has brought the interplay between jurisdiction, leave und...

The Significance attached to a Well-Known Trademark

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In the recent case before the Hon'ble Division Bench of the High Court of Delhi, the issue at hand was whether a court could decline an injunction to a party, despite its trademark being declar...

The Quandary of Automatic Stay Vacation in Indian Courts

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The judicial landscape in India has been significantly shaped by landmark judgments that have not only interpreted the law but also sought to bring about essential reforms in the administration...

Trademark Infringement in Export from India

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The case of ROYAL STAG with Device of Stag (hereafter referred to as "Plaintiff") Vs. INDIAN STAG with Device of Stag (hereafter referred to as "Defendant") is a significant...

The Role of Local Commissioners in Patent Infringement Cases

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The role of Local Commissioners in legal proceedings has been a subject of debate and contention in various cases, and their scope and purpose have been closely examined. In the context of a su...

Inordinate Delay in Pronouncement of Judgment on Interim Application

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The subject matter of this analysis revolves around a Letters Patent Appeal filed against a judgment dated 17 May 2023. In that judgment, a learned Single Judge allowed the petition filed by re...

Educated Customer and Trademark Confusion

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The case at hand involves an appeal filed by the plaintiffs/appellants under Order 43 Rule 1(r) of the Code of Civil Procedure, read with Section 13 of the Commercial Courts Act, 2015. The ...

The Twin Requirement of Commercial Dispute

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The Hon'ble Division Bench, High Court of Delhi recently grappled with an important issue related to the valuation and classification of commercial disputes. In the case of Vishal Pipes Limited...

Service of Summons of Suits through Email and Mobile

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The advent of the digital age has revolutionized various aspects of human life, including the way legal procedures are conducted. One such significant development is the service of summons thro...

The Dichotomy of Alternate Remedies and Interim Relief in High Court Admissions

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The interplay between the admission of a matter before a High Court and the subsequent grant or refusal of interim relief is a complex and often contentious issue in the legal world. In many ca...

The Interplay Between Section 124 of the Trademarks Act 1999 and Stay of Suit...

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The filing of a rectification petition before the Intellectual Property Appellate Board (IPAB) in response to a trademark infringement suit is not an uncommon occurrence in the realm of intelle...

Dealing with Unidentified Counterfeiters on E-Marketing Platforms

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The rise of e-commerce has revolutionized the world of marketing, offering businesses a global reach and convenience for consumers. However, this digital landscape has also given rise to a sign...

Carry On Business Under Section 20 (B) CPC And Cause Of Action Under Section ...

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Background: In a recent case before the Hon'ble High Court of Delhi, the provisions of Section 20 (b) and Section 20 (c) of the Civil Procedure Code (CPC) were examined in the context of onlin...

Service Through Email in Trademark Opposition proceeding

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The case in question revolves around a crucial legal matter: whether service can be effectively conducted via email in a trademark opposition proceeding. Trademark opposition proceedings are in...

Appointment Of Local Commissioner In A Trademark Execution Proceeding

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When a decree has been granted to the plaintiff in a lawsuit pertaining to trademark infringement, one might assume that the matter has been resolved definitively. However, what if the defendan...

Live in Relationship Versus Same Sex Marriages

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The intersection of the right to live in a relationship and the right to same-sex marriage is a subject of ongoing debate and discussion. Often, these two topics become entwined, leading to con...

Decree of Damages and the Role of the Local Commissioner's Report in Trademar...

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This article discusses the significance of the Local Commissioner's report in assessing damages in a trademark infringement case, with reference to a recent judgment by the Hon'ble High Court o...

Pith and Marrow Test in Patent Infringement

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In the case of patent infringement, courts must carefully examine the asserted patent's claims and the allegedly infringing product to determine whether the latter incorporates the essence of t...

Section 124 of Trademarks Act 1999 and Contents of Replication

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Section 124 of the Trademarks Act 1999 plays a crucial role in determination of prima facie invalidity of trademark registration. This article explores the legal intricacies of Section 124 and ...

In Case Of Dishonest Adoption Similarity Of Trademark Has To Be Seen, Even If...

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Trademark infringement cases often hinge on the balance between the similarity of trademarks and the element of dishonesty by the alleged infringer. In a recent case involving the trademarks &q...

In Case Of Dishonest Adoption Similarity Of Trademark Has To Be Seen Even If ...

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Trademark infringement cases often hinge on the balance between the similarity of trademarks and the element of dishonesty by the alleged infringer. In a recent case involving the trademarks &q...

Exemption Under Section 12 A of Commercial Court Act 2015

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Section 12 A of Commercial Court Act 2015 has been a subject of debate, specifically regarding the mandatory requirement for pre-institution mediation. The Hon'ble Supreme Court of India, in it...

Copyright Infringement in Fantasy Games Leagues Mobile App

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This Article delves into a recent legal case pending before Hon'ble Justice Ms. Jyoti Singh, Hon'ble High Court of Delhi, in which a plaintiff filed a suit against the defendant, alleging copyr...

Scope and Implications of class of Design Registration in Infringement Cases

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This article delves into a recent legal case wherein the issue of the scope of design registration class was raised. The case involves the plaintiff, a manufacturer of crockery products, who so...

Trademark Infringement and Triple Identity Case

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The case of NYKAA vs. OYKAA revolves around a dispute concerning the use of a similar trademark, which has raised concerns about the protection of established brand identities. In this analytic...

The Idea-Expression Dichotomy In Copyright Infringement

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The recent legal dispute between Humans of Bombay Stories Pvt. Ltd. ("the Plaintiff") and an opposing party ("the Defendants") before the High Court of Delhi has brought to ...

Trademark Infringement And Dissolution Of Partnership

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The present appeal centers around a dispute involving the usage of the trademark "Musa Ka Gul" in connection with tobacco products. The Plaintiff/Respondent and the Defendant/Appellan...

The Court Should Not Legislate, But Has To Abide By The Statutory Dictate

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The recent abolition of the Intellectual Property Appellate Board (IPAB) and the establishment of the Delhi High Court Intellectual Property Division have given rise to a pressing legal questio...

The Crucial Role of Due Diligence in Post-Trial Amendments

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One critical aspect of litigation is the ability to make amendments to pleadings as new information or strategies emerge. However, as a recent case before the Hon'ble Delhi High Court demonstrate...

Plurality of Invention in Divisional Patent Applications under Section 16 of ...

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The concept of plurality of invention in the context of Divisional Patent Applications under Section 16 of the Patent Act 1970 has been a subject of legal interpretation and debate. "The i...

Analysis Of Section 3(I) Of The Patent Act And The Distinction Between Diagno...

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The recent case before the Hon'ble High Court of Madras concerning Section 3(i) of the Patent Act brought to light a crucial distinction between "diagnosis" and "diagnostic."...

Pre Launch Goodwill in an Action for passing off

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A crucial question arises when a plaintiff seeks relief for passing off in relation to a product that has not yet been launched. Can a plaintiff establish a case for passing off without the exi...

Order 39 Rule 2A CPC and Requirement of Willful Disobedience in Legal Proceed...

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This article examines a recent case where the plaintiff sought to hold Defendant 1 accountable under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC) for willfully disobeying a co...

The Effect on filing of Written Statements without affidavit of admission denial

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In the realm of legal interpretation, one of the fundamental principles guiding the judicial process is the resolution of conflicts between special laws and general laws. It is a well-establish...

The Defence Of Honest And Concurrent User In A Trademark Rectification Petition

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In the case at hand, we analyze a dispute involving the defense of honest and concurrent user in a trademark rectification petition. The case revolves around the use of the trademark "NATR...

Test Of Enhanced Efficacy In Relation To Phytase Under Section 3(D) Of The Pa...

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This article delves into the case of Patent Application No. 5326/CHENP/2008, titled "Phytase Variants with Improved Thermostability," which raised pertinent questions regarding the sc...

The Protection of Goodwill in Passing Off Actions

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Passing off is a legal remedy designed to protect a trader's goodwill and prevent unfair competition by preventing others from misrepresenting their goods or services as those of another. In th...

The Court's Role in Determining confusion and deception with respect to Trade...

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The case at hand revolves around a critical legal question: whether competing trademarks, specifically those of the plaintiff, Domino's Pizza, and the defendant, DomiNick's Pizza, are misleadin...

Goodwill Of A Partnership Firm And Its Entitlement

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The case at hand involves a complex legal dispute surrounding the trademark "FOX & MANDAL" and a passing-off lawsuit filed by Petitioner No. 1, a partnership company, against Resp...

Leave of Court under Section 124 of Trademarks Act 1999, Post Filing of Recti...

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The interplay between the Trademarks Act of 1999 and the legal procedures governing trademark disputes often raises complex questions. One such question, which came before the Hon'ble High Cour...

Rogue Websites and Dynamic Injunction

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The recent lawsuit concerning the ICC Men's Cricket World Cup 2023 has raised critical legal issues surrounding the protection of exclusive media rights in the digital age. The Plaintiffs, who ...

The Figurative Element of a Trademark and Its Dominance

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In the case of MBank S.A. Vs. European Merchant Bank UAB (EMBANK), the central issue revolved around the figurative element of a trademark and its dominance in determining the likelihood of con...

Remedy Of Trademark Infringement Against Another Registered Proprietor

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Trademark disputes often arise when two parties claim ownership of the same or similar trademarks for identical or closely related goods. In such cases, the fundamental question that emerges is...

Harmonizing Sections 124 and 57 of the Trademarks Act 1999

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The interplay between Sections 124 and 57 of the Trademarks Act 1999 has long been a subject of legal debate in India. Specifically, the question arises as to whether Section 124, which mandate...

Writ Is Maintainable Only For An Action Which Fall In Realm Of Public Law

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The question of whether a writ petition can be maintained under Article 226 of the Indian Constitution hinges on whether the dispute in question falls within the purview of public law. In the c...

Territorial Jurisdiction in Trademark Suits on the basis of sale at a particu...

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The recent case in question involves a plaintiff seeking to stop the use of the trademark "KRANTI KAKA" in connection with betel nuts, filed under the Trademarks Act of 1999 and the C...

Bonafide Adopter Of Trademark And Defense Of Acquiescence Under Section 33 Of...

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In the case at hand, a German-based medical equipment company, "the Plaintiff," initiated legal action against an Indian entity, "the Defendant," for passing off under the T...

Maintainability of Petition under Article 227 of the Constitution of India be...

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The question of whether a petition under Article 227 of the Indian Constitution can be heard by a Commercial Court of a High Court was addressed by the Division Bench of the Delhi High Court. T...

The Binding Effect Of Statements Made Before The Registrar Of Trademarks

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The case in question revolves around the binding effect of statements made by the plaintiff before the Registrar of Trademarks in response to an examination report. The plaintiff, who sought to...

Beneficiary Test in Co-Branding Cases and Ban on Export or Import

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In the legal case involving the plaintiff's ownership rights to the trademarks "ARMANI" and "GIORGIO ARMANI" against the defendants' use of these marks in connection with th...

Non-Impleadment of Legal Heirs of Deceased Partner in Partnership Firm

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In a recent legal case, the question arose as to whether the legal heirs of a deceased partner of a partnership firm should be impleaded in a trademark cancellation proceeding. The trademark in...

Dark Patterns and Personality Rights: An Analytical Legal Perspective

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In a rapidly evolving digital landscape, the intersection of technology and law has given rise to complex legal issues surrounding the protection of an individual's personality rights. The case...

Refusal of Injunction in a Patent Infringement Case Based on the Balance of C...

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The case at hand revolves around the refusal of an injunction in a patent infringement lawsuit, with the court favoring the defendant based on the principle of the "balance of convenience....

Trademark User Claimed By A Party Prior To What Has Been Claimed In Trademark...

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The issue of whether a party can claim use of a trademark prior to what has been declared in a trademark application is a matter of significance in trademark law. This article delves into a not...

The Maximum Time Limit for Filing Replication in Delhi High Court

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In civil litigation, the replication plays a significant role in responding to the defendant's written statement. In the Delhi High Court, the time limit for filing a replication is governed by...

Testimony of a Deceased Witness and its evidentiary value

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In the realm of legal proceedings, a crucial question often arises when a witness who has been examined-in-chief passes away before the completion of their cross-examination. This scenario pose...

Bad Faith and Trademark Rectification

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Trademark law places a significant onus on trademark registrants to act in good faith when seeking registration and using their marks. In this article, we delve into the case of ROCKPAPA, a bra...

Patent Eligibility for Computer-Related Inventions

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This article discusses the evolving standards for patent eligibility in the context of computer-related inventions, with a focus on the requirement of "novel hardware." It examines a ...

No prior leave under Section 124 of the Trade Marks Act, 1999 is must in Rec...

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Factual Background The case under consideration involves a dispute between a Plaintiff and a Defendant over trademark issues. The Defendant raised an objection to the maintainability of the pr...

The Impact of Acquiescence in an action for Copyright Infringement

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The case at hand revolves around a copyright infringement dispute between the Plaintiff/Appellant [referred to as the Plaintiff] and the Defendant/Respondent [referred to as the Defendant], bot...

Discerning Consumer and Probability of Confusion in Trademark Use

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Trademark disputes often hinge on the crucial question of whether the marks in question are likely to cause confusion among consumers. This article delves into a recent case involving two educa...

Ex Parte Injunction: Requirement of detailed discussion of Prima Facie Case, ...

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The matter at hand involves an appeal filed against the grant of an ex parte injunction in a trademark dispute. The key issues discussed in this article revolve around the necessity of detailed...

Doctrine of Extended Passing Off in Relation to Expired Patent

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The intersection of intellectual property rights, pharmaceuticals, and competition in the Indian legal landscape has been a subject of significant litigation and jurisprudential development. On...

Examining The Validity Of Registered Trademarks In Indian Courts: Section 57(...

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The case at hand revolves around the dispute between the plaintiff, who holds a registered trademark for "POSTMAN" in relation to edible groundnut oil, and the defendant, who sought a...

The Evidentiary Value of Wikipedia Articles in a Legal Proceeding

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In recent years, the use of Wikipedia as a source of information in legal proceedings has become a subject of debate and contention. This article aims to analyse the evidentiary value of Wikipe...

The Relevant Date For Trademark Infringement And Passing Off Is The Date When...

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In the realm of intellectual property law, the determination of the relevant date for proving trademark infringement and passing off claims holds paramount importance. The recent case of Appolo...

Evaluating Territorial Jurisdiction: The Significance of Plaint Content

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This article delves into the intricacies of evaluating territorial jurisdiction, with a specific focus on the importance of the content of the plaint (the legal document that initiates a lawsui...

Rectification of a Registered Trademark due to Non-Renewal

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The case at hand revolves around the rectification of a registered trademark based on the non-renewal of the said trademark within the specified time frame. The petitioner asserted that the su...

Service Through the Learned Local Commissioner and Its Implications on Order ...

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The matter at hand revolves around the interpretation and application of Order VIII Rule 10 of the Code of Civil Procedure (CPC), specifically in relation to the service of summons through a le...

Requirement of Plea of invalidity for applicability of Section of the Trade M...

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Section 124(1)(ii), allows a defendant to seek an adjournment of proceedings to file a rectification petition for the cancellation of a registered trademark. This article delves into a specific...

Analyzing the Refusal of an Injunction in case of PRINCETON Educational Insti...

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Trademark disputes can be intricate legal battles, often hinging on various factors such as the history of trademark usage, the likelihood of confusion, and the balance of convenience. In the c...

Use Of Trademarks As Keywords In Online Advertising

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In recent years, the intersection of intellectual property rights and the digital landscape has given rise to complex legal issues. One such issue is the use of trademarks as keywords in online...

Copyright Infringement: The Test of Substantial reproduction :The Case of Gul...

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In the realm of intellectual property law, copyright plays a pivotal role in protecting the creative works of individuals and entities. This article delves into a legal analysis of a copyright ...

Jurisdictional Reach of Trade Marks Act, 1999: Analyzing Section 47, Section ...

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The jurisdictional boundaries of legal proceedings under the Trade Marks Act, 1999 in India have been a subject of legal debate. In a recent judgment, the court held that applications under Sec...

The Applicability of Section 100A of the Code of Civil Procedure in Appeals f...

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In the realm of trademark law in India, the Registrar of Trade Marks plays a pivotal role in administering and regulating trademark registration. Disputes often arise in the course of trademark...

Importance of Proper Service of Notice in Trademark Opposition Proceedings

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This article delves into the legal intricacies surrounding the service of notice in trademark opposition proceedings, focusing on the case where the mere dispatch receipt of an email was deemed...

Legal Issues Arising from Relying on the Contents of a Notice of Opposition i...

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The case at hand delves into a significant legal issue that emerged during a trademark opposition proceeding. In response to the counter statement of the applicant, the opponent opted not to fi...

Intellectual Property Rights in Bar Codes

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This analytical legal article delves into the landmark judgment of the Hon'ble High Court of Delhi, recognizing and upholding the intellectual property rights associated with bar codes. The cas...

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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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