Ajay Amitabh Suman

Ajay Amitabh Suman

Member since: January 10, 2019
Total live articles: 562

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

Trademark Infringement and Post-Termination Trademark License Agreement Use b...

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This case revolves around the critical issue of trademark infringement following the termination of a trademark license agreement. The dispute underscores the legal implications of unauthorized...

Merely Non-Use of a Trademark Does Not Result in Its Abandonment

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The Supreme Court of India's judgment in Kabushiki Kaisha Toshiba vs. Tosiba Appliances Co. & Ors, delivered on May 16, 2008, is a pivotal case that clarifies the implications of non-use of...

Section 125 of the Trademarks Act, 1999: A Clarification on the Suo Motu Powe...

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The case of Jagatjit Industries Limited v. The Intellectual Property Appellate Board & Ors., decided on January 20, 2016, by the Supreme Court of India, provides significant insights into t...

Injunction Granted for Similar Colour Combination Despite Different Trademarks

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In the complex world of trademark law, the protection of a brand's identity extends beyond just its name or logo. The visual appearance, including color schemes and packaging, plays a critical ...

Suit for Infringement is Maintainable Against Another Registered Proprietor

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A critical question in such cases is whether a suit for trademark infringement can be maintained against a defendant who also holds a registered trademark. This article explores this issue thro...

Accessibly of tweets and Trademark Jurisdiction

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In today's digital age, where social media platforms like Twitter serve as powerful tools for communication and expression, the legal implications of online content, particularly concerning tra...

Order 39 Rule 3 CPC: Requirement of assigning reasons while granting ex parte...

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Injunctions, particularly ex parte ad interim injunctions, are powerful judicial tools used to preserve the status quo pending the resolution of a dispute. However, the grant of such injunction...

Quashing of Circular Restricting Copyright Owners' Rights

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This article provides a comprehensive analysis of the legal issues surrounding the quashing of a circular that restricted copyright owners' rights, offering valuable insights into the interpret...

Use of copyrighted Character in a video game and Copyright Infringement

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The intersection of copyright law and the gaming industry has become increasingly complex as video games evolve to incorporate a wide array of creative content, including characters, stories, a...

Trademark Infringement and the Consequences of Suppressing cease and desist N...

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This article provides a detailed analysis of the legal principles surrounding the suppression of material facts in trademark infringement cases, illustrating the courts' strict adherence to the...

Legal Implications of Trademark Use Post-Termination of a License Agreement

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This article provides a detailed analysis of the legal principles surrounding post-termination trademark use, illustrating the stringent protections available under Indian trademark law. Tradem...

Copyright Infringement in the Digital Age

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The recent decision by the Delhi High Court in M/S MRT Music vs. Paramvah Studios Private Limited & Ors. (CS(COMM) 680/2024) reflects the growing complexities of copyright enforcement in th...

Prior leave of Civil Court under Section 124 of Trademarks Act 1999

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The High Court of Delhi's recent ruling in the trademark infringement cases, C.O. (COMM.IPD-TM) 301/2022 and 469/2022, underscores the critical importance of adhering to procedural requirements...

Imposition of heavy cost for violation of injunction order under Order 39 Rul...

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The recent decision of the High Court of Judicature at Bombay in Mangalam Organics Ltd. vs. Patanjali Ayurved Ltd. & Ors. brings to light the critical importance of adhering to judicial ord...

Use of Similar Trade Names and the Application of Section 29(5) of Trademarks...

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The High Court of Judicature at Bombay recently addressed this issue in the case of Les Laboratories Servier and Anr. vs. Sefier Life Science Private Ltd., where the plaintiffs sought to preven...

Prior Search Report: A Crucial Element in Establishing Honest Adoption:

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The High Court of Judicature at Madras delivered a crucial judgment on July 12, 2024, in the case of Glenmark Pharmaceuticals Ltd. vs. Mrs. Karlin Pharmaceuticals & Exports Private Limited ...

Appropriateness of Defendant's Explanation for Trademark Adoption

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Trademark disputes hinge on the originality of a mark and the intent behind its adoption. In the case of Kabushiki Kaisha Toshiba v. Tosiba Appliances Co., the defendant, Tosiba Appliances, pre...

Analysis of Standalone Saurian Device Registration Vs. Composite Saurian Devi...

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The case of Lacoste Vs Crocodile International brings to the forefront the nuanced differences between standalone device registration and composite device registration, highlighting the critica...

Whitehat Education Technology Pvt. Ltd v/s Aniruddha Malpani

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The case of WhiteHat Education Technology Private Limited v. Aniruddha Malpani presents a critical examination of the legal principles governing trademark jurisdiction, particularly in the cont...

Stay of Suit under Section 124 of the Trademarks Act, 1999: Ongoing Legal Unc...

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The field of Intellectual Property Rights (IPR) has long been marked by intricate legal debates and evolving judicial interpretations. In India, the Trademarks Act, 1999, serves as a cornerston...

Application Of Trademark Laws In The Pharmaceutical Industry For Trade Name D...

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The High Court of Delhi recently delivered a pivotal judgment in the trademark dispute between Mankind Pharma Ltd. (the appellant) and Chandra Mani Tiwari & ANR (the respondents). The case ...

Relevance of Claim Mapping and Analyst report in a Suit for Patent Infringement

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In the case at hand, the plaintiff has filed a suit against the defendant for allegedly infringing upon the granted patent IN410846, titled "AN INTEGRATED PRE-SORTATION SYSTEM." This ...

Post Termination Perpetual Co-Existence User Agreement

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The trademark dispute between Tushar Saraff & Anr. and Manish Kumar Jain & Ors. revolves around the rights to the "JJ DELUXE" trademark and other "JJ" formative mark...

Maintainability of design cancellation before High Court

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Case Details: The petitioners filed an Original Petition under Section 19 read with Section 4 of the Designs Act, 2000, seeking the cancellation of the registration of a design (Design No. 400...

Right Of Well Known Trademark Extends To Different Class Of Goods

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The plaintiff claims to be a registered partnership firm engaged in manufacturing and selling incense sticks/Agarbathies and Dhoops since 1948. The plaintiff adopted and has been using the trad...

Trademark Cancellation To Be Decided First Prior To Suit

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The Suit filed by the Plaintiff and the cancellation petition filed by the Defendant against registered Trademark of the Defendant were listed together in Court. The Plaintiff submitted that...

Locus of Associate Managers in Trademark Registry to adjudicate the matter

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This is a judgment from the High Court at Calcutta, Commercial Division, involving three separate but related appeals (IPDTMA No. 82 of 2023, IPDTMA No. 83 of 2023, and IPDTMA No. 1 of 2024) fi...

Forum Shopping And Continuous Cause Of Action

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The High Court of Delhi delivered a judgment on August 5, 2024, in the case of M/S. Ganesh Gouri Industries and others versus R. C. Plasto Tanks and Pipes Pvt. Ltd. The appellants, Ganesh Gouri...

Non Requirement Of Reasonable Cause For Additional Documents, Which Are Not I...

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The plaintiffs initiated a lawsuit on January 25, 2017, seeking a decree of Rs. 22,47,00,000/- against the defendants for their failure to remit payments for airline tickets and other services ...

Trademark rectification on the ground of non-renewal

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The petitioner filed a rectification petition seeking the removal of the trademark 'GARNISH' registered in favor of Garnish Electronics Pvt. Ltd. (Respondent No. 1) under Application no. 234249...

Partial Acceptance of additional documents in Trademark Cancellation

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In the High Court of Delhi, KRBL Limited filed a case against Rajesh Kejriwal, trading as Chemical Centre India, and another respondent. The case, numbered C.O. (COMM.IPD-TM) 502/2022, was hear...

Test of Colorable imitation in Copyright Rectification Proceeding

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This is a judgment delivered on August 5, 2024, by the High Court of Delhi in the case of RFA(OS)(IPD) 1/2023, involving R. C. Plasto Tanks and Pipes Pvt. Ltd. (the appellant) and Ganesh Gouri ...

Withdrawal of Commercial Appeal and imposition of cost

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The appeal was filed challenging an order dated 16th May, 2017, which restrained the appellant from using the trademark "GOLDEN GATE" in relation to rice and other goods. The appellan...

Maintainability of Writ against a Private Party

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Factual Background: Sanchit Gupta, an IT Consultant, had his social media account suspended by X Corp. without prior notice or explanation. This suspension led to a loss of advertising revenue...

Function of domain name as a Trademark

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Background: Oracle America Inc., a corporation incorporated under the laws of California, USA, and part of the Oracle Group of companies, filed a suit against Sonoo Jaiswal and Others for trad...

Rejection Of Additional Documents In Commercial Suit

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Case Background: TTK Prestige Limited filed a suit against Baghla Sanitaryware Private Limited & Ors. for infringement of their registered trademark 'PRESTIGE' and copyright infringement o...

Amendment of Pleadings at the final stage of Suit proceeding

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On August 3, 2021, the High Court of Delhi pronounced a significant judgment on five petitions filed by M/s. BDR Developers Pvt Ltd. against Narsingh Shah and Shikha Shah. The petitions contest...

Suit for Patent Infringement and essential features of the suit patent

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The High Court of Delhi delivered a judgment on July 4, 2024, in the patent infringement case of ITW GSE APS & ANR. versus DABICO AIRPORT SOLUTIONS PVT LTD & ORS. The case, which was re...

Amendment of pleadings at final stage

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Background of the Case: In the case of M/s. BDR Developers Pvt Ltd. versus the respondents/defendants, the petitioner, M/s. BDR Developers Pvt Ltd., claimed to be the landlord of several premi...

Trademark Registration cannot be cancelled due to faulty examination of Trade...

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On 15 July 2024, the High Court of Delhi delivered a significant judgment in the case of Loreal India Pvt Ltd versus Rajesh Kumar Taneja Trading as Innovative Derma Care & Anr. This case re...

Patentability of known properties of traditionally known component

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The case involving the Civil Miscellaneous Appeal under Section 117-A of the Patents Act, 1970, revolves around the rejection of a patent application for an "Eco-friendly lamp made up of c...

Mere Delay Does Not Defeat The Grant Of An Injunction

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The principle that mere delay does not defeat the grant of an injunction is central to the case of Husenali Anwarali Charaniya vs. Hasmukhbhai Bhagvanbhai Patel, heard on 24 June 2024 in the Hi...

Non Renewed Registered Trademark Are No More In Existence

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Trademark registration is a crucial aspect of intellectual property law, providing businesses with the exclusive rights to use distinctive signs to identify their products or services. However,...

Lack of Necessary Regulatory Approval and Patent Infringement

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The intersection of patent law and regulatory compliance forms a critical backdrop in disputes involving pharmaceutical products. This article examines the legal complexities arising from the c...

Status Quo in Trademark disputes pertaining to conflict between family members

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The High Court of Judicature at Allahabad adjudicated the case of Mmi Tabacco Pvt Ltd And Another vs Iftikhar Alam on July 5, 2024. This case involves a complex dispute over the trade mark &quo...

Patent Eligibility of Computer-Related Inventions Under Section 3(k) of the I...

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Context and Filing: The Appeal was filed under Section 117-A of the Patents Act, 1970, seeking to overturn an order dated January 24, 2020, which rejected Indian Patent Application No. 5584/CH...

A Party Can Not Be Allowed To Suffer On Account Of Negligence Of Patent Agent

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In a recent writ petition, the petitioner challenged the abandonment of their patent application for a "Blind-Stitch Sewing Machine and Method of Blind Stitching." The patent applicat...

Breach of confidentiality and Enforceability of Contracts of Personal Service

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The enforceability of contracts of personal service has long been a contentious issue in legal discourse. The Specific Relief Act, 1963 (hereinafter referred to as "the Act"), particu...

The Scope of Contempt Proceedings and reassessment of order

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The appeal under consideration challenges an order issued by a single judge of the Madhya Pradesh High Court in the context of contempt proceedings. The case originated from a writ petition (W....

The Executing Court Cannot Go Beyond the Decree

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The execution of court decrees is a critical phase in the judicial process, ensuring that the rights affirmed by a judgment are effectively realized. However, an issue arises when there is a co...

Withdrawn Patent Application Cannot Be Used as Prior Art

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Criteria for patentability, including novelty and inventive step, often lead to legal disputes. One such instance is the case where withdrawn patent applications are considered as prior art, wh...

Placement of Order on Website by Registrar of Trademark Does Not Constitute C...

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In the realm of intellectual property law, the proper communication of decisions by authorities is crucial to ensure due process and fair treatment of applicants. The recent case involving the ...

Fabrication of Documents Prior to Filing of Trademark Suit and Proceedings Un...

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In the present case, the issue at hand involves the admitted fabrication of newspapers by Mr. Karan Kumar, the proprietor of KG Marketing, prior to filing a trademark suit. Mr. Kumar has acknow...

Fabrication of Invoices at Interim Stage in Trademark Dispute

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The recent interim ruling in a trademark dispute case sheds light on the complexities and critical considerations in adjudicating trademark rights, particularly in scenarios involving alleged f...

Maintainability of Design Rectification by Way of Counterclaim in a Design In...

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In the context of intellectual property law, the maintainability of design rectification via counterclaims in design infringement suits presents a significant legal issue. This article delves i...

Passing Off in Relation to Similar Background Colour of Product Packaging

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The doctrine of passing off is a vital aspect of intellectual property law, primarily aimed at protecting the goodwill and reputation of a business. This legal principle prevents one party from...

Trade Mark Infringement in Relation to Pattern of a Product

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Background: The case in question involves a well-known company engaged in the manufacturing, selling, and distribution of construction materials, including Thermo-Mechanically Treated (TMT) ba...

Lack of Expert Testimony Comparing Defendant's Product with Patent

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Background: The petitioner, in this case, holds patents that protect their inventions related to Ferric Carboxymaltose (FCM), an iron replacement therapy. The patents in question are IN370845,...

Requirement of Prior Permission of Registrar of Trademarks under Section 115(...

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The petitioner seeks to quash the proceedings in C.C.No.21775 of 2022, registered for offenses under the Trade Marks Act and the Copyright Act. The core issue revolves around the necessity of o...

Trademarks with similar meanings are likely to confuse consumers

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The present appeal, filed under Section 91(1) of the Trade Marks Act, 1999, challenges the order dated 22nd July 2023, by the Registrar of Trade Marks. The appellant opposed the registration of...

Section 12-A of the Commercial Courts Act, 2015, and the Nature of Urgent Rel...

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Section 12-A of the Commercial Courts Act, 2015, mandates pre-institution mediation for commercial disputes, barring exceptions for urgent interim relief. This provision aims to expedite resolu...

When Intent to Confuse Exists, Trademark Similarities Take Precedence Over Di...

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The legal landscape of trademark law hinges on the protection of brand identity and the prevention of consumer confusion. This principle is particularly evident when examining cases where inten...

Bad Faith Adoption of Trademark and Its Effect

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Background and Case Overview: In the "Under Armour Vs. Aero Armour" case, the primary legal contention revolved around the use of the trademark "ARMR." The plaintiff, Under A...

Maintainability of Petition under Contempt of Court Act against Executable De...

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The legal framework surrounding the enforcement of court orders and decrees is critical to ensuring the authority of the judiciary and the respect for its judgments. This article analyzes the m...

Dishonest Adoption of Trade Name and Interim Injunction

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This case delves into a recent legal dispute where Infosys Limited, a global leader in information technology and consulting services, sought judicial intervention to prohibit the unauthorized ...

Right of Public Criticism Versus Personality Right

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This case explores the conflict between the right to public criticism and personality rights through a recent legal case involving a prominent Indian journalist and TV anchor. The case highligh...

Replication in Commercial Dispute Cannot Be Filed Beyond 45 Days of Receipt o...

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This case examines the legal implications of failing to file a replication within the prescribed 45-day limit in commercial disputes, with reference to the Delhi High Court (Original Side) Rule...

No Argument Can Be Advanced Which Are Beyond The Pleadings

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This article examines a rent control revision petition filed under Section 25-B(8) of the Delhi Rent Control Act, 1958, challenging the judgment of the Additional Rent Controller (ARC). The pet...

Phonetic dissimilarity of Trademark and Denial of Injunction

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The plaintiff, an Indian company with the trade name 'ABROS,' registered its trademark and has been using it since June 2020. The defendant, Ashish Bansal, registered the mark 'NEBROS' in Septe...

Suppression of Actual Knowledge Regarding Defendant's Trademark and Vacation ...

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In recent litigation concerning intellectual property rights, particularly trademark infringement and passing off, the issue of suppression of material facts by the plaintiff has emerged as a c...

Effect of Declaration of Well Known Trademark in Old Trademark Regime

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The case under review involves an appeal against the Deputy Registrar of Trade Marks' order dated 19.04.2012, which rejected the appellant's application to register the word mark "ZEE"...

Evaluating Lack of Inventive Step in a Patent in Absence of Experimental Data

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This article delves into a recent appellate decision regarding the evaluation of inventive step in the absence of experimental data, specifically focusing on the case involving the method of do...

Structural And Phonetic Similarity Of Trademarks And Interim Injunctions

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Trademark infringement cases often hinge on the concept of deceptive similarity, where the disputed marks are not identical but so similar that they are likely to cause confusion. This article ...

Mosaicing And Design Registration

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The issue of design registration and its infringement has become increasingly significant with the growth of industries that rely heavily on distinct packaging for branding and consumer recogni...

Copyright Infringement and the Protection of Ideas in Intellectual Property Law

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The intersection of mythology and intellectual property law presents a complex legal landscape. This is particularly evident in the case of Pocket FM Private Limited v. Disney+Hotstar, where th...

The Bad Faith Adoption of Trademark and Defense of Delay and Acquiescence

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In trademark law, the adoption of a well-known trademark in bad faith by another entity and the defenses of delay and acquiescence often surface as contentious issues. A recent case highlightin...

Activities of defendant in a different Area is not a ground for defending in ...

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Trademark disputes often revolve around the potential for consumer confusion between similar marks, particularly when the products or services involved are closely related. This article examine...

Role of Imagination Test and Competitors' Need Test in Trademark Disputes

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In this case of 'WEATHERSHIELD,' used by the plaintiff for paints and coatings, versus 'JK SUPER STRONG BUILD SAFE WEATHER SHIELD,' used by the defendant for cement and building and constructio...

Similarity of Goods is Not a Sine Qua Non in an Action of Passing Off

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The doctrine of passing off is a fundamental aspect of intellectual property law, primarily concerned with protecting the goodwill and reputation of a trademark from misrepresentation. A pivota...

Non compliance of Rule 70(9) of the Copyright Rules, 2013 and Copyright Recti...

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The current petitions challenge the validity of copyright registrations No. A-65448/2003 and No. A-57086/1999, granted in favor of the Respondent under the provisions of the Copyright Act, 1957...

Quashing of Summoning order in a Criminal Complaint pertaining to Trademark D...

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The present petitions under Section 482 of the Code of Criminal Procedure, 1973, seek the setting aside of an order dated April 2, 2012, passed by the learned Metropolitan Magistrate, Patiala H...

Section 17(2)(b) of the Trade Marks Act, 1999 and anti-dissection rule

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The appeal under scrutiny challenges an order dated February 23, 2024, from the learned Commercial Court, which allowed an application by the respondents under Order 39 Rules 1 and 2 of the Civ...

Significance of third party Coexistence Agreement in Trademark Injunction

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Dispute involves the trademark 'JINDAL' in relation to PVC pipes under class 17, a conflict marked by claims and counterclaims from both the plaintiff and the defendant. A crucial factor in thi...

Protection of shape of a Product as a Trademark

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In the realm of intellectual property law, the protection of product design as a trademark presents a unique intersection of design, functionality, and brand identity. This analysis explores a ...

Implications of Trademark Disclaimers and the Significance of Acquired Distin...

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Trademark disputes often revolve around the distinctiveness and prior use of the marks involved. The case between the Plaintiff's trademark "TSL-TIRUPATI" and the Defendant's "MM...

Delhi High Court Grants Ex-Parte Ad-Interim Injunction in Favor of Plaintiff ...

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"The Plaintiff, renowned for their luxury brand "BVLGARI and its iconic SERPENTI collection, has secured a crucial ex-parte ad-interim injunction against the Defendant, Amaris Jewels, for alleged...

Admission of Evidence and Section 65B of the Evidence Act, 1872

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This article delves into Chamber appeal against an order dated October 16, 2017, issued by the Joint Registrar. The appeal challenges objections raised by the defendants regarding the admissibi...

Rectification Of Trademark On The Basis Of Prior Use Of Trade Name

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This article examines the legal principles surrounding the rectification of a trademark registration based on prior use of a trade name. It focuses on a petition brought under Sections 47 and 5...

Even The Slightest Probability Of Confusion In Medicinal Products Is Unaccept...

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This legal analysis examines a trademark dispute involving the plaintiff's mark 'ALRISTA' and the defendant's mark 'ALSITA'. Both marks pertain to pharmaceutical formulations used in diabetes-r...

Court is required to See only the pleading and not the document under Section...

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This article examines the legal implications and judicial reasoning in a recent appellate decision under Section 124 of the Trademarks Act, 1999. The case revolves around the petitioner's chall...

Trademark Infringement and Fraudulent Scheme in relation to Trademark INDIA GATE

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Background and Trademark Ownership: The Plaintiff in this case is a globally recognized manufacturer and seller of rice and allied products, including quinoa, chia seeds, and flax seeds, markete...

Filing Of Affidavits In Support Of Electronic Documents Under Order XI Rule 6...

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The procedural complexities in commercial litigation often bring about interpretative challenges, particularly when it involves the integration of electronic evidence. One such instance arose i...

Trade Mark Rectification and the Triple Identity Test

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This article examines a recent case involving the rectification of the trademark "SHIV GANGA" registered under No. 3274256 in Class 01 for camphor, highlighting the application of the...

The Intersection of Trademark Rectification and Pending Litigation

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In a recent case , the Petitioner namely Casablanca Apparels Pvt. Ltd. filed a rectification petition seeking to alter the trademark 'POLO', which is registered under number 1277784 in class 25...

Trademark Infringement and Passing Off in MASTIH v/s FULL MASTI Case

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This legal analysis delves into a recent trademark dispute between the Plaintiff, who has held a trademark registration for "MASTIH" since 1992, and the Defendant, who applied for the registrat...

Cancellation of Registered Design and Nature of prior publication

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This article analyzes the legal implications of the appeal filed under Section 19(2) of the Designs Act, 2000, concerning the cancellation of a registered design for an air cooler. The appeal c...

Defense of Section 28 of Trademarks Act 1999 when parties have registration i...

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This article analyzes the legal intricacies of Section 28 of the Trademarks Act, 1999, particularly when parties hold trademark registrations in different classes. The focal point is a first ap...

Nature and Scope of punishment under Order 39 Rule 2A CPC for breach of injun...

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This article explores the nature and scope of punishment under Order 39 Rule 2A of the Code of Civil Procedure, 1908 (CPC), in the context of a breach of an injunction order. The case study inv...

Trademark Infringement and Sale of Refurbished Hard-Disk Drives - HDDs

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This article delves into a legal case concerning the refurbishment and sale of Hard-Disk Drives (HDDs) by refurbishers in India, focusing on the implications of trademark infringement when the ...

Letters from Dealers, Having Similar Contents, Do Not Prove Use of Defendant'...

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This article examines a legal judgment where the court restrained the defendant from using the trademarks LW and LW+. The case emphasizes the importance of genuine evidence over similar letters...

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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...

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