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...

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...

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....

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...

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...

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...

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...

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 ...

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 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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

The issue of whether individual elements of a composite registered trademark can be enforced individually has been a topic of legal debate and significance. This article delves into a recent ca...

This legal article examines the intricate legal nuances surrounding the refusal of an injunction in a patent infringement case due to non-use of the patent in India. It delves into the case of ...

One category of trademarks, known as "descriptive trademarks," often faces challenges in registration due to their inherent nature. However, the concept of secondary meaning has emerg...

Intellectual property disputes often revolve around the protection of trademarks, especially when two entities claim ownership of similar or identical marks. The case at hand involves a passing...

This detailed analytical legal article examines a trademark dispute involving the plaintiff's registered trademark "PANTOCID" and the defendant's trademark "PANTOPACID." Bot...

This analytical legal article delves into a hypothetical case involving a dispute over the design protection of a front fender. The plaintiff claimed registered design infringement, asserting t...

The present case revolves around a dispute over the registration of the DHARIWALWOOLTEX device mark. The appellant asserts that they have been using this mark since 1 January 1984 and have prov...

The case of RAZO vs. RAZOFAST involves allegations of trademark infringement and unfair competition arising from the defendant's use of the mark "RAZOFAST," which closely resembles th...

The concept of a "well-known mark" holds significant importance in the realm of trademark law, representing marks that have acquired substantial recognition and reputation among the p...

The Impugned Order: The impugned order dated 10 10.2022 in question appears to have been solely based on the registered trademark favoring the plaintiff-respondents. Lack of Discussion on Pri...

Trademark infringement cases often involve intricate legal arguments that revolve around the nature and use of marks. One such argument arises when a defendant contends that their use of a mark...

One key aspect of Post grant Patent opposition proceedings is the submission of relevant documents and evidence by both the opponent and the patentee. This article delves into the intricacies o...

The removal of a registered trademark on the grounds of non-use is a crucial aspect of trademark law that ensures trademarks are actively used in commerce to maintain their exclusivity. Thi...

The subject matter under scrutiny pertains to a legal dispute involving the maintainability of a suit for infringement of design filed by Plaintiff No.1 and Plaintiff No.2 jointly. Plaintif...

The aphorism "It is better to give a poor certificate than to give a caste certificate" encapsulates a complex intersection of socio-economic status and caste identity that is prevale...

The case at hand involves a dispute between the Plaintiff and the Defendant over the alleged infringement of the Plaintiff's registered trademark "HTA" for oil seals and automobile ru...

The case at hand involves a dispute between the Plaintiff and the Defendant over the alleged infringement of the Plaintiff's registered trademark "HTA" for oil seals and automobile ru...

The Constitution of India stands as the bedrock of the nation's legal and political framework, enshrining the principles of justice, equality, and democratic governance. Central to this framewo...

The Bills proposing amendments to the Indian Penal Code (IPC), Code of Criminal Procedure (CRPC), and the Evidence Act encompass a myriad of salient features that aim to address various shortco...

The case at hand involves a legal dispute between Agarwal Packers And Movers and Google with regard to the use of trademarks as keywords in the Google Ads Programme. The Plaintiff alleges th...

The world of politics is a unique arena where power, decisions, and governance converge. Unlike most other professions, the role of a politician often lacks the stringent training and preparati...

The legal landscape surrounding interim applications for injunctions is a complex and multifaceted arena that requires a careful consideration of various factors. In the case at hand, where an ...

This analytical legal article discusses the distinction between non-disclosure of cause of action and defective cause of action in the context of a trademark infringement case. The case in ques...

The issue of maintainability of Letters Patent Appeal (LPA) against a judgment passed by the High Court in a Trademark Rectification Petition has been a matter of contention. This article analy...

This article analyzes a recent judgment before the Hon'ble High Court of Delhi, which addressed the effect of disclaimers attached to an earlier registered trademark on subsequently associated ...

The matter at hand revolves around the question of whether a revocation petition for a patent can be treated as a suit within the meaning of Section 10 of the Code of Civil Procedure (CPC). ...

The freedom to practice one's faith is a fundamental human right, and it should be respected and protected. However, there is an ongoing concern regarding the excessive noise pollution caused b...

This article discusses a legal case involving the use of a house mark as a prefix with another trademark and its potential implications for trademark infringement. The case revolves around ...

In this legal article, we delve into a case where the plaintiff claimed to be the registered proprietor of the marks "MADHUR" and "MADHUR MADHUR GULAB" written in devanagari...

This analytical legal article explores the territorial jurisdiction of High Courts concerning patent revocation and patent appeals after the abolition of the IPAB (Intellectual Property Appella...

In the chambers of the High Court, a fateful encounter took place that would forever change the life of one man. Today, among the sea of lawyers and dignitaries, a familiar face caught the eye ...

Abstract: This article examines the issue of transferring patent cancellation petitions between different High Courts in India. It analyses a specific case where the respondent no.2 sought the...

In today's diverse and interconnected world, it is essential for society to promote inclusivity and understanding among different cultural and religious groups. Unfortunately, prejudices based ...

This article examines the implications of the abolition of the Intellectual Property Appellate Board (IPAB) and the subsequent vesting of powers to entertain cancellation petitions with the Hig...

The jurisdictional aspect in trademark infringement lawsuits plays a crucial role in determining whether a court has the authority to entertain a case and decide on its merits. Additionally, th...

This article analyzes the criteria required to be taken into consideration by the Controller of Patent while assessing the patentability of a patent application concerning inventive step. It...

This article analyzes the power and discretion of the High Court of Delhi to consolidate suit proceedings pending before the District Court, Delhi, cancellation proceedings pending before the R...

This legal article delves into a crucial aspect of design infringement cases where the plaintiff's registered design has expired. The focal point is a specific case where the plaintiff's design...

This article analyzes the power and discretion of the High Court of Delhi to consolidate suit proceedings pending before the District Court, Delhi, cancellation proceedings pending before the R...

This analytical legal article delves into the fate of an order passed by the Controller of Patents, which was challenged in the High Court of Delhi through an appeal filed under Section 117A of...

This legal article delves into the dispute brought before the Hon'ble High Court of Delhi in a patent infringement suit, where the primary issue revolves around the scope of the plaintiff's rig...

This article discusses a recent judgment by the Delhi High Court, which dealt with the issue of whether an ordinary dictionary word can be declared a well-known trademark. The Court's decision ...

The case at hand centers around a patent infringement dispute where the Plaintiff accuses the Defendant of utilizing their patented technology without authorization. The Plaintiff's patent comp...

This legal article explores the issue of whether orders passed by the administrative Panel of the World Intellectual Property Organization (WIPO) are appealable under Section 91 of the Trade Ma...

This legal article delves into the critical question of whether the Competition Commission of India (CCI) can inquire into the actions of a patentee who asserts their patent rights in India. Th...

This article examines the documentary evidence required to establish a trademark as a well-known trademark under the Trade Marks Act, 1999. The article delves into the relevant criteria outline...

This legal article delves into the critical question of whether the Competition Commission of India (CCI) can inquire into the actions of a patentee who asserts their patent rights in India. Th...

A critical element in a passing off claim is the establishment of goodwill and reputation in the relevant market. This article examines a notable case in which the Hon'ble Court refused to gran...

In a recent legal battle over trademark rights, both VIP and Carlton filed suits against each other claiming to be the registered proprietor of the trademark "CARLTON". The issue befo...

In the fast-paced digital age, the internet has provided countless opportunities for individuals and businesses to connect and share information globally. Unfortunately, this unrestricted acces...

When relation ship of distributor or dealer is terminated with a trademark owner, question may arise regarding the use of that trademark or any other trademark deceptively similar thereto ,by t...

At first glance, some may assume that the Explanation to Section 6 of the Commercial Court Act 2015 and Section 62 of the Copyright Act 1957 are in conflict. However, upon closer examination...

In the realm of trademark law, disputes often arise when two parties claim ownership or exclusive rights over similar trademarks for different classes of products. This article analyses a recen...

The Plant Varieties and Farmers' Rights Act 2001 is a significant legislation enacted by the Indian Parliament to address the rights and interests of both farmers and breeders. This act aims...

Article 226 and 227 of the Constitution of India grant the power of writ jurisdiction to the High Courts in the country. This power allows the courts to issue writs for the enforcement of funda...

In the realm of intellectual property rights, trademarks play a vital role in protecting the distinct identity and reputation of businesses. The process of establishing a trademark as "wel...

The Intellectual Property Rights are subject to certain limitations to these rights, particularly when it comes to generic and non-distinctive words. This article will delve into one Judgment d...

In a recent landmark judgment reported as 2021 SCC Online SC 734 Sudhir Kumar Vs Vinay Kumar GB, the Hon'ble Supreme Court of India addressed the issue of taking additional documents on record....

The Subject Matter Suit: The Subject Matter Suit was filed by the Plaintiff against the Defendant on the ground inter alia that that the the plaintiff is the author and first owner of the copy...

The history of Rathi Family 1942: Parent Company , Rathi Steel Rolling Mills [G.D.Rathi, K.L.Rathi and H.K.Rathi]. 1969: Divided into G.D.Rathi Steels Ltd. [family members of G.D.Rathi] and ...

The Subject Matter Petition: The Subject Matter CM Main under Article 227 of Constitution of India was filed against Order dated 25.09.2021 passed by Ld. ADJ, South District , Saket Courts, Ne...

The Subject Matter Suit: The Subject Matter Suit for Infringement of Design was filed by the Petitioner on the basis of their registered Design titled as Sonic Nozzle , which they have registe...

The statement that "the biological male is a biological male, biological female is a biological female" is a statement of fact, not a question of notion. It is not a human construct, ...

The Suit Patent has been a topic of controversy in the technology world for some time now. It is a patent that describes a configuration for enhancing subscriber capacity in a cellular wireless...

The concept of justice is an integral aspect of any society, and it is the fundamental responsibility of the judicial system to provide justice to the victims of crimes. However, the Indian ...

The right of same-sex couples to adopt a child is a subject of fierce debates globally. Some countries fully recognize the rights of same-sex couples to adopt a child, while others are still co...

As patent law continues to evolve, so does the doctrine of pith and marrow in patent infringement cases. This doctrine is an important concept that addresses the issue of a patent claim's core,...

The grant of interim injunction in a lawsuit pertaining to the infringement of patent is always a complex matter. There are various factors that the court has to consider while granting interim...

The consumption of substances such as tobacco, alcohol, and gambling has long been a part of human culture. However, it is no secret that these habits can lead to negative health and social con...

This factum can not be disputed that order of sub ordinate authority , court or tribunal can be challenged to the High Court in India through a writ petition filed under Article 226 of the Indi...

The judicial system is the bedrock of any democracy. It is the system that ensures that everyone, irrespective of their social status, is treated fairly and justly. The judiciary is the guardia...

What could be effect of in case a party is not using the registered trade mark and instead of this the same has been using family of trademarks with suffix or prefixes? Let us first of all ...