Latest from Intellectual Property Law

Issuance of a Form O-3 notice under Section 25(3) of the Trade Marks Act, 199...

The case of Rakesh Kumar Mittal v. The Registrar of Trade Marks before the High Court of Delhi is a significant ruling in the domain of trademark law, particularly in relation to the mandatory ...

Trademark registration under a Class for services can protect for goods also...

The case of KRB Enterprises & Ors. Vs KRBL Limited revolves around a trademark dispute adjudicated by the High Court of Delhi. This appeal, filed under Section 13(1A) of the Commercial Cour...

The Registrar of Trademark does not qualify as a civil court, lacking the att...

The case of Promoshirt SM SA Vs. Armasuisse and Anr. is a pivotal decision by the High Court of Delhi that addresses the maintainability of Letters Patent Appeals (LPAs) under the Trade Marks A...

A patent application cannot be rejected based on materials ,not disclosed ,be...

The case of ITC Limited v. The Controller of Patents, Designs & Trademarks involves a critical examination of the boundaries of patentability under Indian law, particularly the interpretati...

Timely delivery clauses in film assignment agreements, when deemed essential,...

In the bustling world of Indian cinema, where creativity meets commerce, the High Court of Delhi's judgment on March 27, 2025, in the case of Ivy Entertainment Private Limited versus HR Picture...

Dishonest adoption of a trademark that mimics a well-known trademarks, warran...

The case of Under Armour, Inc. Vs. Anish Agarwal & Anr. represents a significant adjudication in the realm of trademark law in India, focusing on the principles of trademark infringement an...

A Patent Application Cannot Be Rejected Based On Materials That Are Not Discl...

The case of ITC Limited v. The Controller of Patents, Designs & Trademarks involves a critical examination of the boundaries of patentability under Indian law, particularly the interpretation o...

A Foreign Trademark Proprietor Does Not Confer Jurisdiction On Indian Courts ...

Introduction: This case revolves around the trademark dispute between Iconic IP Interests LLC, a U.S.-based licensor and proprietor of the "JOLLY RANCHER" brand, and M/s Shiv Tex...

Once Infringement Is Established, Injunction Should Follow Even If There Is S...

This case centers around a trademark dispute between Rainbow Children�s Medicare Limited (the appellant), a well-known chain of pediatric and women�s healthcare hospitals with registered tradem...

Goods Within The Same Class May Be Dissimilar In Function

This case study examines a trademark dispute adjudicated by the High Court of Delhi, centered on the use of the trademark "NEHA" by two entities operating in the personal care sector....

Passing Off Action and its three crucial elements: Goodwill, misrepresentatio...

The present case arises out of a dispute between Vishal Gupta and others on one side, and Rahul Bansal on the other, concerning alleged passing off and deceptive similarity in the use of tradem...

Copyright Infringement in India: Landmark Case of R.G. Anand v. Deluxe Films ...

Copyright infringement is the imitation of someone's original work without their permission. The role of copyright law becomes essential in protecting original work. There are provisions that gra...

Patent Grant by Controller as Prima Facie Evidence of Proprietorship

The case of Dura-Line India Pvt. Ltd. v. Jain Irrigation Systems Ltd. represents a significant intellectual property dispute adjudicated by the High Court of Delhi. This litigation centers on a...

Filing The Trademark As Proposed To Be Used Did Not Defeat The Claim Under Co...

This case arose from an appeal filed under Order 43 of the Code of Civil Procedure, challenging the grant of an interim injunction by the learned 10th Additional District and Sessions Judge, Ah...

Delivery Of Infringing Goods To A Location Within The Jurisdiction Of A Court...

The present case involves a complex intellectual property dispute revolving around the infringement of industrial designs, trademarks, and patents in the textile machinery sector. Rieter AG and...

Order VI Rule 17 CPC Should Be Liberally Granted When They Are Based On Subse...

"The case of Puja Agarwal v. Pravesh Narula before the Delhi High Court involved a challenge under Article 227 of the Constitution of India to an order permitting amendment of a plaint in a com...

Once A Civil Court Passes A Final Judgment And Decree, It Becomes Functus Off...

The case of Principal Commissioner of Customs & Anr. v. L'Or�al S.A. came before the Delhi High Court under Article 227 of the Constitution of India, raising significant questions...

Under Section 30(3) Of The Trade Marks Act, Import Of Genuine Goods By Third ...

This case revolves around the enforcement of trademark rights under the Trade Marks Act, 1999, in the context of the international exhaustion principle. It concerns the importation of hard disk...

A Defendant Cannot Raise Factual Defenses In Appeal Which Were Never Pleaded ...

This appeal before the Hon'ble High Court of Delhi arises from a suit for trademark and design infringement, passing off, and damages, decreed ex parte by the Commercial Court in favour of the ...

A Written Statement In A Commercial Suit That Is Not Accompanied By An Affida...

This case before the Delhi High Court delves into the consequences of procedural non-compliance in the context of commercial litigation, especially with regard to filing of a written statement ...

Trademark Disputes Arising Out Of Assignment Agreements Are Arbitrable

This case deals with the fundamental interplay between contractual agreements and the statutory framework governing trademarks. Specifically, it addresses the arbitrability of trademark dispute...

Post The 2021 Amendment Of Section 72 Of The Copyright Act, High Courts Other...

This case revolves around a critical interpretation of the jurisdictional scope of Section 72 of the Copyright Act, 1957, as amended by the 2021 legislative changes. The dispute arose regarding...

Disputes Involving Intellectual Property Misrepresentation, Even Absent A Dir...

In the annals of Indian commercial litigation, the dispute between Hamdard Laboratories India (Medicine Division) and Unani Drugs Manufacturer Association (UDMA) emerges as a fascinating explor...

A Common Or Dictionary Word Can Become Distinctive And Monopolizable If It Ac...

The case of Pernod Ricard India Private Limited vs A B Sugars Limited & Another, decided on 31st October 2023 by the High Court of Delhi, is a critical precedent in the domain of trade...

Vague Or Unsubstantiated Claims Of Urgency Do Not Exempt Plaintiffs From Sect...

The case of Exclusive Capital Ltd. v. Silver and C.Z. International is a significant commercial dispute adjudicated by the High Court of Delhi, addressing the mandatory requirement of pre-insti...

Trademark Registration And Assignments Are Prima Facie Valid

The case of Diamond Modular Pvt. Ltd. v. Vikash Kumar & Anr. is a pivotal trademark infringement dispute adjudicated by the High Court of Delhi, addressing the protection of registered trad...

The Court Can Assess The Reasonableness Of License Terms In Section 31(1)(A) ...

The case of Al Hamd Tradenation v. Phonographic Performance Limited is a significant copyright dispute adjudicated by the High Court of Delhi, addressing the issue of compulsory licensing under...

A Registered Trademark Cannot Infringe, Per Sections 29 And 30(2)(E)

The case of Abros Sports International Pvt. Ltd. v. Ashish Bansal and Ors. is a significant trademark dispute adjudicated by the High Court of Delhi, addressing complex issues of trademark infr...

Court Can Pass Summary Judgement Under Order 13 A Of Commercial Court Act Eve...

The case of Mallcom (India) Limited & Anr. v. Rakesh Kumar & Ors. [CS(COMM) 480/2016], decided by the Delhi High Court on March 19, 2019, before Justice Rajiv Sahai Endlaw, is a landmar...

Acquiescence Requires Active Encouragement, Not Mere Inaction

The case of Marico Limited v. Pr. Mukesh Kumar & Ors. [CS(COMM) 1569/2016], decided by the Delhi High Court on August 27, 2018, before Justice Manmohan, is a pivotal ruling in Indian tradem...

Under Section 17 Of TM Act 1999, A Registered Label Mark�s Essential Feature ...

The case of Keshav Kumar Aggarwal v. M/S NIIT Ltd. [CS (OS) No. 2237/2012], decided by the Delhi High Court on March 22, 2013, before Justice Kailash Gambhir, is a significant ruling in Indian ...

Availability Of A Defendant's Products On E-Commerce Platforms Accessible In ...

The case of V Guard Industries Ltd. v. Sukan Raj Jain is a significant intellectual property dispute adjudicated by the High Court of Delhi, focusing on the issue of territorial jurisdiction in...

The Defendant's Prior Market Presence Cannot Be The Sole Basis For Denying An...

The case of Sana Herbal Pvt. Ltd. Vs. Dehlvi Ambar Herbals Pvt. Ltd. & Anr. [FAO(COMM) 104/2025] represents a significant procedural ruling by the Delhi High Court, addressing the appropria...

The Sound Of Tomorrow: Exploring Copyright In The Age Of AI Music Creation

From anthems that ignite our souls, to lullabies that soothe our infancy music has woven itself into the cloth of our lives, providing solace and sparking pleasure. Technological advance has...

Maintainability of Patent Infringement Suit during pendency of Post Grant Opp...

The case of Astrazeneca AB & Anr. v. Westcoast Pharmaceutical Works Limited [2023:DHC:3337] is a pivotal decision by the Delhi High Court addressing the maintainability of a patent infringe...

Counterfeiting And The Cost To Luxury Brands: A Case Study Of Louis Vuitton's...

The Louis Vuitton Malletier v. Capital General Store & Ors. case exemplifies the persistent legal battles faced by luxury brands in safeguarding their trademarks from counterfeit goods. Lou...

The Doctrine Of Equivalents Applies Only When Omitted Elements Are Non-Essential

The case of Crystal Crop Protection Limited vs Safex Chemicals India Limited and Others is a significant patent infringement dispute adjudicated by the High Court of Delhi. The plaintiff, Cryst...

A Party Cannot Pursue Both Patent Revocation Petition And A Counter-Claim See...

The case of Dr. Aloys Wobben and Another vs. Yogesh Mehra and Others is a landmark judgment delivered by the Supreme Court of India on June 2, 2014. It addresses critical issues in patent law, ...

Trademark Refusal In India: A Lawyer�s Insight Into Sections 9 And 11 Of The ...

Specialization: Intellectual Property Law | Startup Legal AdvisoryIn India's innovation-driven economy, where startups are reshaping industries with creativity and speed, intellectual property pr...

The Twin Requirements Must Be Satisfied For The Court To Entertain The Commer...

This case pertains to a civil revision application filed by Maheshbhai Hajibhai Sojitra, proprietor of Siddhi Lime, challenging an order passed by the 7th Additional District Judge, Rajkot, in ...

A Mark�s Commonality To Trade Requires Evidence Of Substantial Use By Others,...

The case of PVS Knittings v. P. Prakash, adjudicated by the High Court of Judicature at Madras, is a significant trademark dispute involving allegations of infringement, passing off, and copyri...

A Family Trademark Adopted By A Common Ancestor Cannot Be Exclusively Appropr...

Heard in the High Court at Calcutta, Commercial Division, the case revolves around the plaintiff�s claim to exclusive rights over the trademark "NEW LIFE" and the defendant�s alleged ...

A Temporary Injunction Order Is Discretionary, Not An Adjudication, Even If N...

The interplay between judicial discretion and adjudication in the context of temporary injunctions is a cornerstone of civil litigation, particularly in intellectual property disputes. The case...

Patent Examination Processes Must Adhere To Principles Of Natural Justice, Re...

The case of ITC Limited Vs. The Controller of Patents, Designs & Trademark represents a significant clash between intellectual property rights and public health considerations in India. At ...

Combining Processes From Multiple Prior Arts Does Not Constitute A Known Proc...

In the intricate world of intellectual property, patent disputes often hinge on the delicate balance between innovation and prior art. The case of Annikki GmbH v. Assistant Controller of Patent...

Unveiling the Clash of Jurisprudence: Adversarial v/s Inquisitorial

The Indian legal system, rooted in the common law tradition, operates predominantly on an adversarial model where the court acts as a neutral arbiter, adjudicating disputes based on the evidenc...

The Ear, Not Eye Principle Governs Infringement In Musical Works

The case of Ustad Faiyaz Wasifuddin Dagar versus A.R. Rahman and others, adjudicated by the High Court of Delhi, represents a significant exploration of copyright law in the context of Hindusta...

A Local Commissioner's Report Is Admissible Evidence Under Order 26 Rule 10(2...

Decided by the High Court of Delhi on January 3, 2018, this case addresses critical issues of trademark infringement, passing off, and the evidentiary value of a Local Commissioner's report. Th...

Branding Battles In The Digital Age: Chanel v/s WGACA Case And The Trademark ...

"Luxury is the necessity that begins where necessity ends" -- Coco Chanel. But what happens when luxury is borrowed, branded, and blurred in a world of second-hand clicks and Instag...

Section 3(D) Of The Indian Patent Act: A Barrier Or A Balance In Pharmaceutic...

The legal basis for patent protection in India is governed by the Patents Act, 1970, which establishes the definition of patentable subject matter. The Act has some exclusions to stop ever-gree...

Courts Will Intervene When Patent Rejections Lack Reasoning

The case of Agriboard International LLC vs Deputy Controller of Patents and Designs, decided by the Delhi High Court on March 31, 2022, stands as a landmark in Indian patent law, highlighting t...

Rejection of Patent for lack of inventive step requires a discussion of the p...

The case of Alfred Von Schukmann vs The Controller General of Patents, decided by the Delhi High Court on January 12, 2023, represents a pivotal moment in Indian patent law, emphasizing the nec...

Pending Trademark Applications Confer No Rights

The case of Metro Playing Card Co. vs Wazir Chand Kapoor, decided by the Delhi High Court on April 5, 1972, is a seminal decision in Indian trademark law, illustrating the principles governing ...

A Defendant Applying For Trademark Registration Cannot Claim The Mark Is Generic

The case of Educare Limited & Anr vs S.K. Sachdev & Anr, decided by the Delhi High Court on November 14, 2014, stands as a significant precedent in Indian trademark law, particularly in...

Plaintiffs must provide positive evidence to prove that a defendant�s product...

The case of F. Hoffmann-La Roche Ltd. & Anr. vs. Cipla Ltd. represents a pivotal moment in Indian patent law, particularly in the pharmaceutical sector. This high-profile dispute cente...

The Likelihood Of Confusion Is Assessed Based On The Marks� Look, Sound, Good...

In the dynamic realm of intellectual property law, trademarks serve as vital identifiers of a brand's identity, fostering trust and recognition among consumers. The case of M/s. Modern Snacks P...

Section 134 of the Trade Marks Act, 1999, provides an additional forum for in...

In the dynamic landscape of trademark litigation, where brand identity and territorial jurisdiction intersect, the case of *Corona Remedies Pvt. Ltd. vs. Umac Pharmaceuticals & Ors.*, decid...

The Evolution Of Copyright Law In The Age Of Artificial Intelligence: An Anal...

The historical evolution of copyright laws has been a dynamic journey, influenced by technological advancements and societal changes. One pivotal moment in this evolution was the fifteenth-cent...

Importation of Patented product constitutes �working� a patent in India if it...

In the intricate realm of patent litigation, where innovation intersects with public health, the case of Cipla Limited vs. Novartis AG & Anr., decided by the Delhi High Court on March 9, 20...

Use Under The Trade Marks Act, Per Sections 2(2)(C), 28, 29, And 56, Encompas...

In the vibrant arena of trademark litigation, where brand identity clashes with territorial boundaries, the case of Burger King Corporation vs. Techchand Shewakramani & Ors., decided by the...

The Distinction Between Coverage And Disclosure Does Not Automatically Invali...

In the intricate tapestry of pharmaceutical patent litigation, where innovation battles generic competition, the case of Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. vs. I...

Section 105 of the Patent Act Overrides Section 34 of the Specific Relief Act...

In the high-stakes arena of pharmaceutical patent litigation, where intellectual property rights collide with procedural stratagems, the case of Bristol-Myers Squibb Holdings Ireland Unlimited ...

A Credible Challenge To Patent Validity, Requires Serious Question To Be Tried

In the intricate world of pharmaceutical patents, where innovation meets the crucible of legal scrutiny, the case of Boehringer Ingelheim Pharma GmbH & Co. KG Vs. Vee Excel Drugs and Pharma...

Mere Accessibility Of A Defendant�s Website In The Forum State Does Not Confe...

In the rapidly evolving digital landscape, where websites transcend geographical boundaries, the question of territorial jurisdiction in intellectual property disputes has become a legal conund...

The Term Right To Begin Is Not Merely A Privilege But A Duty For The Plaintif...

In the fiercely competitive world of Indian automobile manufacturing, intellectual property disputes often ignite significant legal battles, as exemplified by the case of Bajaj Auto Ltd. vs. TV...

If There Is Long Gap Between Prior Art And Patent, Then Small Variation May R...

In the realm of intellectual property law, the concept of an "inventive step" often serves as the crucible in which patent applications are tested. The case of Avery Dennison Corporat...

20-Year Patent Term From The Application Date Is Consistent With The TRIPS Ag...

The case of Gunjan Sinha (a) Kanishk Sinha and Anr. Vs. Union of India represents a significant judicial exploration into the constitutional validity of Section 53 of the Patents Act, 1970, whi...

Species Patents Following A Markush Patent Must Demonstrate A Distinct Invent...

The AstraZeneca AB & Anr. Vs. Intas Pharmaceuticals Limited case, decided on July 20, 2021, by the High Court of Delhi, represents a pivotal moment in Indian patent jurisprudence, particula...

Reclaiming The Stage: Taylor Swift's Quest For Artistic Ownership

The music Industry involves musicians who create various melodies that invoke emotions and capture the audience's attention, the copyright law protects these musical creations ensuring that the...

Superior Metabolic Stability Insufficient to Overcome Section 3(d) Objection ...

The pharmaceutical industry is a battleground where innovation meets accessibility, and intellectual property rights often clash with public health imperatives. The case of AstraZeneca AB &...

Section 124 Of Trademarks Act 1999 Is Inapplicable To Passing Off Action

In the bustling world of intellectual property disputes, where trademarks and copyrights often clash like titans, the case of Balar Marketing Pvt. Ltd. v. Lakha Ram Sharma Proprietor of Kundan ...

Slogans Or Taglines, If Distinctive And Capable Of Distinguishing Goods, Qual...

In the competitive world of fast-moving consumer goods, trademarks are not just identifiers but powerful tools that encapsulate brand identity and consumer trust. The case of Procter & Gamb...

Artistic works retain copyright protection unless industrially applied beyond...

The interplay between copyright and design law in India has long been a fertile ground for legal disputes, particularly when artistic works and industrial designs converge. The Supreme Court of...

What Is Copyright? Legal Rights, Duration, and International Protection

Copyright is a legal term that grants exclusive rights to the creator of original work, like literary, dramatic, musical, and artistic works. These rights allow the owner to control how their work ...

License Issuers for Copyrighted Sound Recordings Must Comply with Section 33(...

The intersection of intellectual property law and commercial interests often gives rise to complex disputes, particularly in the realm of copyright law. The case of Azure Hospitality Private Li...

Low Threshold Test for Framing Issues Under Section 124(1)(b)(ii) of the Trad...

In the dynamic realm of intellectual property law, disputes over trademark validity often highlight the delicate balance between proprietary rights and fair competition. The case of Franco Indi...

Concurrent Civil and Criminal Proceedings Permissible Despite Pending Civil S...

In the intricate landscape of intellectual property disputes, the intersection of civil and criminal law often presents complex challenges, particularly when allegations of trademark infringeme...

Mere Website Access or Listings Without Targeting Delhi Don't Confer Jurisdic...

In the realm of intellectual property law, territorial jurisdiction often emerges as a pivotal battleground, shaping the trajectory of trademark disputes. The case of M/s Kohinoor Seed Fields I...

Patent amendments under Section 59(1) must be limited to disclaimers, correct...

In the intricate domain of patent law, the case of AbbVie Biotherapeutics Inc. & Anr. v. Assistant Controller of Patents stands as a critical examination of the boundaries of permissible cl...

Rule 18(2) of the Trade Marks Rules, 2017, must be interpreted purposively to...

In the intricate landscape of trademark law, the case of Mars Incorporated v. The Registrar of Trade Marks & Ors. emerges as a pivotal exploration of procedural fairness and the sanctity of due...

Section 47 of the Trademark Act: Cancellation of Trademarks for Non-Use or La...

In the dynamic realm of intellectual property law, the case of Falcon Licensing Limited v. PRI Enterprises Private Limited stands as a compelling testament to the judiciary�s commitment to pres...

In Matters Of Involving Infringement Of Trademarks And Copyrights, Injunction...

In the intricate world of intellectual property rights, where brand identity is paramount, the role of prior use, dishonest adoption, and delay in legal action often come under judicial scrutin...

In Matters Of Involving Infringement Of Trademarks And Copyrights, Injunction...

In the intricate world of intellectual property rights, where brand identity is paramount, the role of prior use, dishonest adoption, and delay in legal action often come under judicial scrutin...

Trademark Infringement and Passing Off: How Deceptively Similar Packaging, Fo...

Trademark conflicts in the consumer appliances sector have seen a surge with increasing brand consciousness and aggressive marketing tactics. The case of Maya Appliances Private Limited vs Vibr...

Common Elements Alone Do Not Suffice Unless They Dominate The Mark�s Identity...

In the dynamic arena of trademark law, the case of Mex Switchgears Pvt. Ltd vs Omex Cables Industries & Anr., decided on July 17, 2017, by the Delhi High Court, emerges as a gripping tale o...

Conditional Injunctions Require Courts To Assess Compliance With Specific Dir...

In the bustling world of commercial litigation, where brand identity is fiercely guarded, the Madras High Court's Commercial Appellate Division delivered a pivotal ruling on July 8, 2024, in Ma...

Price Differences And Consumer Sophistication Do Not Necessarily Negate Confu...

In the realm of intellectual property law, trademarks serve as the lifeblood of brand identity, encapsulating a company's reputation, goodwill, and consumer trust. The case of M/S. South India ...

It is the Holistic similarity and not the dissection, which governs Trademark...

In the intricate tapestry of intellectual property law, the case of M/S Sohan Lal Nem Chand Jain v. Trident Group & Others, decided on October 3, 2011, by the Delhi High Court, stands as a ...

Limits of Descriptive Trademarks: No Absolute Monopoly Despite Secondary Meaning

In the bustling world of commerce, where brands vie for consumer loyalty, the case of Cadila Healthcare Ltd. v. Gujarat Co-operative Milk Marketing Federation Ltd. & Ors. stands as a compel...

Acquiescence Requires Positive Acts, Not Mere Delay

In the bustling world of commerce, where brands battle for supremacy, the case of Abdul Rasul Nurallah Virjee and Another vs. Regal Footwear stands as a testament to the fierce protection of in...

Patent Revocation Filing Alone Won't Anchor High Court Jurisdiction�Unless Li...

In the intricate realm of intellectual property law, jurisdictional disputes often serve as the gatekeepers to substantive justice. The case of Matrix Laboratories Limited versus F. Hoffmann-La...

Section 29(5) Is An Additional, Not Exclusive, Ground For Infringement, And I...

In the fiercely competitive landscape of pharmaceuticals, where brand identity can be a lifeline for both companies and consumers, the clash between Mankind Pharma Limited and Novakind Bio Scie...

Trademark Rights Under Section 28: Exclusive Protection Even Without Identica...

In the bustling world of India's cement industry, where brand identity can make or break a company, a fierce legal battle unfolded between Nuvoco Vistas Corporation Limited and JK Lakshmi Cemen...

Passing Off Protection for Public Domain-Inspired Designs: How Creative Use B...

In the vibrant world of lifestyle products, where creativity and originality reign supreme, the clash between Eicher Goodearth Pvt Ltd and Krishna Mehta & Ors stands as a compelling narrati...

Commonly used terms describing product attributes cannot be monopolized as a ...

The case of Cadila Healthcare Ltd. v. Dabur India Ltd., decided by the Delhi High Court, revolves around the claim of exclusive rights over the expression "SUGAR FREE" by Cadila ...

A Critical Analysis of the Trademark Act, 1999: Evolution, Key Provisions, Ju...

Trademarks play a crucial role in protecting brand identity, distinguishing goods and services, and fostering fair competition. In India, the Trademark Act, 1999 serves as the cornerstone of tr...

Section 11(2) Requires Proof Of Unfair Advantage Or Detriment, Not Mere Reput...

The case of Nandhini Deluxe vs. M/S. Karnataka Cooperative Milk Producers Federation Ltd. is a significant trademark dispute adjudicated by the Supreme Court of India on July 26, 2018. The cent...

Vast Price Differential Between The Two Products, Held To Be Fatal Against Gr...

The case of M/S Gufic Ltd. & Another vs. Clinique Laboratories, LLC & Another is a trademark dispute adjudicated by the High Court of Delhi. This appeal arose from an interim order issu...

Descriptive Marks Require Robust Evidence Of Secondary Meaning For Exclusivity

The case of M/S Freeelective Network Private Limited vs. M/S Matrimony.Com Limited is a significant trademark dispute adjudicated by the High Court of Judicature at Madras. The Plaintiff, Freee...

Common Field Of Activity Isn't Essential For Passing Off When A Name Carries ...

In the intricate landscape of intellectual property law, few cases encapsulate the tension between heritage and innovation as vividly as Kirloskar Diesel Recon Pvt. Ltd. and Others vs. Kirloska...

Sale of Infringing Goods as Cause of Action Under Section 20(c) CPC

In the intricate world of trademark litigation, the case of LG Corporation and Anr. Vs. Intermarket Electroplasters (P) Ltd. stands as a testament to the complexities of territorial jurisdictio...

The Role Of Intermediaries: Such As Social Media Platforms, E-Commerce Websit...

The advent of the internet has revolutionized communication, commerce, and information dissemination. However, this digital transformation has also led to new legal challenges, particularly con...

Obscenity, Free Speech and Trademark Law

The relationship between trademark law and obscenity has been a subject of legal debate across various jurisdictions. Courts have often been called upon to determine whether trademarks that may...

The Influence Of Intellectual Properties Rights In The Era Of Climate Change

Climate change is a serious global issue that warrants examining its global impacts. Green technology is the most essential measure in combating climate change, but there are troubles concernin...

Customs Recordable Of Trademark In India: Protection Against Counterfeited Go...

With the advent of rapid technological advancements and open market access worldwide, both developing and developed countries have gained in some way or the other. However, due to such rapid ad...

Art, Access and Ethics: The IPR v/s Piracy Debate

IPR (Intellectual Property Rights), protects creation of human mind from invention to designs and everything in between whether stories, poetries, brand. It protects the very right of its creat...

Features With Identical Functionality May Negate Novelty If Fully Anticipated...

This case involves a legal challenge to a patent refusal by the Assistant Controller of Patent and Designs under the Patents Act, 1970, adjudicated by the Bombay High Court in its Commercial Di...

Minor Variations In Trade Dress Or Font Size Do Not Absolve A Party From Infr...

The case of Madhu Food Products v. Surya Processed Food Pvt. Ltd. revolves around trademark infringement and passing off concerning confectionery products. The dispute involves the respondent, ...

Maintainability Of A Suit Filed In The Name Of A Firm That Had Already Been D...

The case of American Furnishing House vs. Udal Ram Bhurji presents an important legal question regarding the maintainability of a suit filed in the name of a firm that had already been dissolve...

The Deliberate Imitation Of The Distinctive Elements Indicated Bad Faith Ado...

The case of VST Industries Limited vs. ASD Tobacco Private Limited & Anr., decided on March 6, 2025, in the Delhi High Court, is a crucial trademark dispute concerning the rectification of ...

Descriptive Words Cannot Be Monopolized In Trademarks Unless They Acquire Dis...

The case of Kewal Krishan Kumar vs. Rudi Roller Flour Mills (P) Ltd. & Anr. is a significant decision in trademark law, dealing with the question of whether two similar-sounding trademarks ...

Use Of The Trademark For Export Amounted To Use In India

The case of Saga Lifesciences Limited v. Aristo Pharmaceuticals Pvt. Ltd. is a significant ruling in the field of trademark law, particularly concerning the pharmaceutical industry. The dispute...

Trademark Assignment, A Complete Guide to Ownership Transfer

Nowadays some small design in the fast-growing commercial world, intellectual property (IP) assets like trademarks hold immense strategic value. These distinctive symbols encompassing brand nam...

Failure to obtain prior permission under Section 124 of Trademarks Act 1999 d...

Trademark disputes often hinge on complex legal interpretations, particularly regarding the requirement of prior permission under Section 124(1)(b)(ii) of the Trade Marks Act, 1999. The ca...

When the goods are identical, even a slight similarity in trademarks can caus...

The case of Amba Shakti Steels Ltd. v. Sequence Ferro Private Limited revolves around a trademark dispute concerning the similarity between the trademarks �AMBA� and �AMMAJI.� The appellant, Am...

Prior admissions in foreign jurisdictions can be used to assess patent validity

The case of F. Hoffmann-La Roche AG & Another v. Natco Pharma Limited revolves around the contentious balance between patent rights and the public�s access to affordable medicines. The dispute conc...

Jurisdiction and Defendant own admission in opposition proceeding regarding a...

The case of Prime Comfort Products Private Limited vs. Lal Bahadur Trading as Sulakshmi Enterprises is a significant trademark dispute that brings forth critical issues related to territorial j...

Honest And Concurrent Use Is Not A Defense Against Trademark Infringement

The case of KEI Industries Limited vs. Raman Kwatra & Anr., decided by the Delhi High Court on May 17, 2022, deals with a dispute over trademark infringement. KEI Industries, a well-establi...

Technical Drawings Could Qualify For Copyright Protection

The case of J.C. Bamford Excavators Limited & Anr. vs. Bull Machines Pvt. Ltd., decided by the Delhi High Court on December 20, 2017, revolved around allegations of design and copyright inf...

Personal Surnames Cannot Be Used As A Justification For Misleading Branding

The case of K.G. Khosla Compressors Ltd. vs. Khosla Extrakting Ltd. & Ors., decided by the Delhi High Court on June 19, 1985, dealt with an important question of trademark and business name...

Phonetic similarity alone could be sufficient to establish deceptive similarity

The case of K.R. Chinna Krishna Chettiar vs. Sri Ambal & Co., Madras & Anr., decided by the Supreme Court of India on April 14, 1969, is a landmark judgment concerning trademark law, pa...

Even Partial Similarities In Trademarks Could Lead To Consumer Confusion

The case of Izuk Chemical Works vs. Babu Ram Dharam Prakash, decided by the Delhi High Court on May 11, 2007, is a landmark judgment concerning trademark infringement and passing off. The plain...

Consumer confusion, even if indirect, is sufficient to grant an injunction in...

This case revolves around a legal dispute concerning trademark infringement, passing off, and unfair competition between ITC Limited and Arpita Agro Products Pvt Ltd. The plaintiff, ITC Limited...

Effect of Dynamic Effect: Part-3 : Trademark Cancellation

This case primarily deals with whether a High Court other than the one having jurisdiction over the Trade Marks Registry that granted the trademark can entertain rectification petitions under S...

Can AI Be an Artist? Decoding the Legal Challenges of Machine-Made Creativity

Did you know an AI generated art in 2018 was sold for nearly half a million dollar? Shocking, right? A piece of art which is not even created by a human hand but by an AI (a computer-generated ...

Dominant feature of Registered Trademark and Trademark infringement

Factual Background: Himalaya Global Holdings Ltd. and its subsidiary, leading herbal health product manufacturers, filed a suit against Rajasthan Aushdhalaya Private Li...

Foreign Patent Grants Or Rejections Have Only A Persuasive Value

Fact of the Case: Milliken and Company, the appellant, challenged the refusal of their Indian patent application (no. 6093/DELNP/2013) for "Additive Compositions and Thermoplastic Polymer...

Statutory framework under Section 11(6) and 11(7) of the Trade Marks Act, 199...

The Indian Hotels Company Limited (plaintiff), part of the Tata Group and owner of the renowned TAJ brand, filed a suit against Gaurav Roy Bhatt & Anr. (defendants) for infringement of their...

The Test For Consumer Confusion Is Based On The Perspective Of A Customer Of ...

Parties Involved: Mannat Group of Hotels Private Limited and its managing director, Mr. Virender Singh Kadyan (plaintiffs) filed a suit seeking a permanent injunction against M/s Mannat Dhaba...

Trademark Infringement and anti dissection Rule

This case revolves around a trademark dispute between DS Drinks and Beverages Private Limited and Hector Beverages Private Limited concerning the use of the mark "SWING" for beverages...

Licensee Patent Estoppel Challenges in Indian Patent Law

Licensee patent challenges represent a critical intersection between contractual agreements and patent law. This concept, which addresses whether a licensee can dispute the validity of a patent...

One Registered Proprietor of Design against another registered Proprietor of ...

This case concerns a design infringement dispute where Indo Asahi Glass Co. Ltd., the plaintiff, alleged that Jai Mala Roller Glass Ltd., the defendant, infringed its registered design titled &...

Patent Infringement in Quia Timet Action

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 ...

A Patentee Can Sue Another Patentee For Patent Infringement

The present case concerns a patent infringement dispute between Hindustan Lever Limited (HLL) and the defendants Mr. Lalit Wadhwa and Eureka Forbes Ltd. (Defendant No. 2). The plaintiff alleged...

Passing Off Claim Can Coexist With A Design Infringement Claim, Provided The ...

This case relates to a dispute between Havells India Limited and Panasonic Life Solutions India Pvt. Ltd. over allegations of design infringement and passing off. Havells India Limited, the pla...

Section 124 Requires Only Prima Facie Plea Of Invalidity Of Registered Tradem...

This case involves a trademark infringement suit between two global FMCG giants, PepsiCo Inc. and Parle Agro Private Limited, relating to the tagline "For The Bold." The case primarily...

Trademark Infringement And Google Ad Keywords

The case revolves around whether the use of a trademark as a keyword in Google Ads constitutes "use" under the Trade Marks Act, 1999 and if Google can claim protection as an intermedi...

A Slight Modification Of An Existing Design Does Not Confer Exclusive Rights

The case of Glaxo Smithkline Consumer Healthcare vs. Amigo Brushes Private Limited & Anr. revolves around an alleged infringement of a registered toothbrush design. The plaintiff, a global ...

Effect Of Dynamic Effect Part 1 Design Cancellation

This case, decided by the Delhi High Court on December 22, 1977, addressed the jurisdictional question of whether the High Court of Delhi had the authority to entertain applications under Secti...

The Standards For Evaluating Novelty And Originality Differ From The Standard...

The case of Diageo Brands B.V. & Anr. vs. Alcobrew Distilleries India Pvt. Ltd. before the Delhi High Court concerns the enforcement of rights under the Designs Act, 2000. The plaintiffs al...

A Registered Trademark Enjoys Statutory Protection And Cannot Be Diluted Mere...

The case of Devi Pesticides Private Ltd. vs. Shiv Agro Chemicals Industries is a notable decision concerning trademark infringement and passing-off within the agrochemical industry. The dispute...

Rejection Of A Subsequent Patent Application Does Not Create A Carve-Out Or E...

The case of Cipla Ltd. vs. F. Hoffmann-La Roche Ltd. & Anr. is a significant judgment in Indian patent jurisprudence, especially concerning pharmaceutical patents. The dispute centers aroun...

Phonetic Similarity Alone Can Be Sufficient To Establish Trademark Infringeme...

The case involves a trademark dispute where the plaintiff, Chanel Ltd., alleged infringement of its registered trademark "CHANEL" by the defendant, Sunder Chemicals Agarbati Works (P)...

Section 12A Of The Commercial Courts Act Is In Applicable To Suits Involving ...

The case concerns a trademark and copyright dispute where the appellant, Chandra Kishore Chaurasia, filed a suit against R A Perfumery Works Private Limited for alleged infringement of his regi...

Composite Suit for Design Infringement And Trade Dress Passing Off is Maintai...

The case revolves around a dispute regarding design infringement and passing off. Carlsberg Breweries A/S, the plaintiff, alleged that Som Distilleries and Breweries Ltd., the defendant, had in...

A Copy Need Not Be An Exact Reproduction; Substantial Similarity Is Sufficien...

The case revolves around an alleged infringement of copyright in an artistic work. The plaintiffs, C. Cunniah & Co., claimed that the defendants, Balraj & Co., had produced and sold a p...

A Publisher Of An Artistic Work Is Presumed To Own Its Copyright Unless Rebutted

The case revolves around allegations of trademark infringement, passing off, and copyright infringement by Brooke Bond India Limited against Balaji Tea (India) Pvt. Ltd. The dispute arises over...

A Suit For Patent Infringement Can Proceed Separately From A Declaratory Suit...

The case of Bristol-Myers Squibb Holdings Ireland Unlimited Company and Ors. Vs. Natco Pharma Limited revolves around a dispute concerning the alleged infringement of the patent for the pharmac...

Forum Shopping May Bar Injunction if Relief Was Denied Elsewhere

The case of Black Diamond Track Parts Private Limited & Ors. Vs. Black Diamond Motors Private Limited revolves around a dispute over the use of the trademark "BLACK DIAMOND" in re...

Family Agreements Bind Heirs If They Accept Benefits Under Them

The case of Ramji Lal Agarwal vs. Sourav Agarwal revolves around a dispute over the right to use the trade name "Sindharam Sanwarmal" in the dry-fruits, spices, and dry-vegetables bus...

Patent Claim Construction: Patent Specification Is To Read First And Then The...

The case of Biswanath Prasad Radhey Shyam Vs Hindustan Metal Industries is a landmark judgment in Indian patent law, where the Supreme Court of India examined the principles of novelty and inve...

Where A Party Contests Non-Receipt Of Hearing Notices In A Trademark Oppositi...

The case concerns an appeal under Section 91 of the Trademarks Act, 1999, challenging the order passed by the Trademark Registry on April 5, 2016. The opposition filed by Dr. Smita Naram agains...

Patent Applicant should not be allowed to suffer on account of negligence of ...

This case revolves around the abandonment of a patent application due to a failure to respond to the First Examination Report (FER) within the prescribed period under Section 21(1) of the Paten...

Effect of dynamic effect-Part-5: Trademark, Design and Patent Revocation Peti...

The concept of dynamic effect has played a crucial role in determining the jurisdiction of High Courts in intellectual property disputes, particularly in trademark rectification, design cancell...

Intellectual Property Rights And Importance In E-Commerce Sector

The article points out that the protection of the rights of intellectual property in e-commerce is of great importance. It protects creative ideas and information such as music, designs, and so...

Lack of Inventive Step and Insufficient Disclosure: Mutually Exclusive Ground...

The case of BASF SE Vs. Joint Controller of Patents revolves around the patentability of an invention filed by BASF SE. The dispute concerns the rejection of a patent application by the Indian ...

Bolar Provision under the Patent Act: Section 107 A of Patent Act 1970

The case of Bayer Corporation vs. Union of India & Ors., decided by the Delhi High Court on April 22, 2019, concerns the interpretation of Section 107A of the Patents Act, 1970, commonly kn...

The defense of using one's surname innocently in trade could not justify conf...

This case concerns a dispute between Bajaj Electricals Limited (plaintiff) and Metals & Allied Products and another (defendants) regarding the unauthorized use of the trademark "Bajaj....

Ex parte injunctions should be granted only when justified by urgency, with r...

The case of B.L. And Co. And Others vs. Pfizer Products Inc. revolves around the alleged passing off of the drug 'VIAGRA' by the defendants through their product 'PENEGRA'. The dispute primar...

There Is No Statutory Bar On Instituting Patent Infringement Suit While Post-...

Astrazeneca AB & Anr. filed a suit against Westcoast Pharmaceutical Works Ltd. alleging patent infringement. The plaintiffs contended that the defendant was manufacturing and selling a ph...

Effect of Dynamic Effect: Part-4 Trade Mark Cancellation-Referred to Larger B...

The case concerns a rectification petition filed under Section 57 of the Trade Marks Act, 1999, challenging the registration of the trademark "HARSHY", which was alleged to be decepti...

Effect Of Dynamic Effect: Part-2: Patent Revocation Petition And Patent Appeal

This case pertains to a revocation petitionfiled under Section 64 of the Patents Act, 1970, by Dr. Reddy�s Laboratories Limited and MSN Laboratories Pvt. Ltd. against the patent granted t...

Trademark Rectification Must Be Filed in the High Court of the Granting Trade...

Fact of the Case: Chunulal Seetaram filed an appeal under Section 76 of the Trade Marks Act, 1940, against the decisions of the Registrar of Trade Marks regarding the rectification o...

Rule 45(2) Of The Trade Marks Rules, 2017 Is Procedural And Directory In Nature

Alpha Foundation for Education and Research, a charitable educational trust established in 1993, had been using the trademarks "AKARA," "AKARA STAR KIDS," and its associated...

Cause of Action for Trademark Appeal Lies in High Court of Registrar�s Decision

The case of Abdul Ghani Ahmad vs. Registrar of Trade Marks addressed a significant issue concerning the interpretation of �the High Court having jurisdiction� under Section 76(1) of the Trade M...

Claiming A Generic Defense Is Not Valid When The Defendant Itself Seeks Propr...

The case involves a trademark dispute between Automatic Electric Limited (plaintiff) and R.K. Dgawan & Anr. (defendants) regarding the alleged infringement and passing off of the plai...

Madras HC's Jurisdiction to Transfer Rectification Proceedings from Trade Mar...

Detailed Factual Background: The plaintiffs, Nippon Paint Holdings Co. Ltd and Nippon Paint (India) Pvt. Ltd., had obtained trademark registration for "NIPPON PAINT" from the Trade Marks Reg...

Renewal of Trademarks Beyond the Statutory Period:

Brief Facts of the Case The petitioner, M/S Sakthi Oil Mills, was the registered proprietor of the trademark "THENALEE," registered under Trade Mark No. 1133971 in Class 29. ...

Who Owns The IP? AI Generated Works Or Contractual Agreements

Artificial Intelligence (AI) is transforming creative industries by generating content such as artwork, music, literature, and even inventions. This raises a fundamental legal question: who own...

Rectification Petitions Under Sections 47 And 57 of the Trade Marks Act Must ...

The case revolves around a trademark rectification dispute in which the petitioner, M/S Woltop India Pvt. Ltd., sought the transfer of its pending rectification petitions from the Registrar of ...

Civil Courts Cannot Examine Case Merits While Deciding Trademark Validity Und...

The case involves a dispute over the trademark "AZURE" between Microsoft Corporation, the petitioner, and Azure Knowledge Corporation Private Limited, the respondent. Microsoft Corpor...

Under Section 124 of Trademark Act 1999, passing off action can not be stayed

This case involves a dispute between M/S. Lotus Organic Care and M/S. Aadhar Products Pvt. Ltd. concerning trademark infringement and passing off. The primary contention revolves around the val...

Condonation Application Within Limitation Still Requires Sufficient Cause

The case involved rectification petitions filed by Godfrey Phillips India Limited against ITC Limited, seeking cancellation of certain trademark registrations. These petitions were previously d...

Patent Examination Must Follow The Why And What Standard, Ensuring Proper Jus...

Brief Facts of the Case: The case involved an appeal against an order dated 22nd October 2021, wherein Daikin Industries Ltd's patent application 1481/KOLNP/2014, title...

The Trade Marks Registry Must Issue An Expiry Notice To The Registered Propri...

Brief Facts of the Case: The petitioner, Aurobindo Pharma Limited, had registered the trademark "ENRIL" under Trade Mark No. 636467 in Class 5. The applica...

The Legal Implications and Utility of John Doe Orders in field of IPR

We live in a world measured by piracy because piracy means access.[1] In this world full of capitalism and industrialism, one's personality or personal property rights need to be protected. In...

Penalties For Trademark Infringement In India: A Complete Overview

Trademark infringement in India is a serious offense that undermines the rights of trademark owners and misleads consumers. The legal framework in India provides both civil and criminal remedie...

Trademark Infringement And Honesty In Adoption

The case of Renaissance Hotel Holdings Inc. vs B. Vijaya Sai is a landmark judgment in Indian trademark law, elucidating the principles of infringement, trans-border reputation, honest adoption...

Anti Dissection Rule and Trade Mark Infringement

Trademark infringement cases often highlight the balance courts seek to strike between protecting intellectual property rights and allowing fair competition in the market. The present case betw...

Trademark Holders Cannot Monopolize An Entire Product Category Without Genuin...

The case revolved around the rectification of trademark registration under the Trade and Merchandise Marks Act, 1958. Vishnudas Trading, a manufacturer of quiwam and zarda (chewing tobacco prod...

Family Of Trademark: Golden Qilla, Lal Qilla, And Neela Qilla v/s Hara Qilla

This case revolves around a trademark infringement and passing-off dispute concerning the use of the term "Qilla" in branding rice. M/S Amar Singh Chawal Wala (plaintiff) claimed that...

Permitted Use By A Registered User And Trademark Trafficking

The case of American Home Products Corporation vs Mac Laboratories Private Limited & Anr. is a landmark judgment in Indian Trademark law, addressing critical questions regarding the registr...

The Test Of An Average Man With Imperfect Recollection

The case of Amritdhara Pharmacy vs. Satya Deo Gupta is a landmark judgment in Indian trademark law, particularly concerning the principles of deceptive similarity and acquiescence under the Tra...

Pianotist Case:Test of deceptive Similarity and consumer intelligence

The case of Pianotist Company Ltd. (1906) is a landmark ruling in trademark law, establishing key principles for assessing deceptive similarity in trademarks. The dispute arose when Pianotist C...

Trade Connection and Trademark Confusion

This case revolves around a trademark dispute under the Trade Marks Act, 1940, where Corn Products Refining Co., a U.S.-based company, opposed the trademark registration of "Gluvita" ...

Grant Of Patent In Foreign Company And Its Relevance In Indian Proceeding

This case concerns an appeal filed under Section 117A of the Patents Act, 1970, challenging the rejection of a patent application by the Assistant Controller of Patents and Designs. The primary...

Patent Expiration Does Not Eliminate A Company�s Right To Challenge Biosimila...

This case revolves around biosimilar drug approvals and allegations of regulatory non-compliance in granting approvals to biosimilar versions of Roche�s patented cancer drugs. The plaintiffs, i...

Principle of Res Judicata and Interlocutory Orders

Facts: The petitioner (defendant) in a suit for injunction challenged a trial court order allowing the plaintiff (respondent) to amend the plaint to seek specific per...

Big Fish Can Not Be Permitted To Swallow Small Fish

This case pertains to intellectual property rights, specifically concerning the alleged passing off of a trademark. The dispute arose between Rasiklal Manickchand Dhariwal and Anr. (appellants)...

Courts Will Apply A Stricter Test When Infringer Was Previous Owner Of The Mark

Introduction: The case concerns a dispute between ITC Limited and Arpita Agro Products Pvt. Ltd. regarding the alleged infringement and passing off of ITC's trademarks, primarily 'NIMYLE' and ...

Scope and Protection of Standard Essential Patent

A 230-page judgment has been delivered by Hon�ble Justice Shri Sanjeev Narula of the Delhi High Court on 20th February 2025 in the case of Koninklijke Philips N.V. Vs. Maj (Retd) Sukesh Behl &a...

Narrowing down of Claim in Patent Examination and its effecf in Patent Infrin...

The case of Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. presented the Supreme Court with the opportunity to clarify the relationship between the doctrine of equivalents and prosec...

Doctrine of Equivalence and Prosecution Histroy Estoppel

The case of Warner-Jenkinson Co. v. Hilton Davis Chemical Co. was a pivotal Supreme Court decision concerning the doctrine of equivalents in patent law. The Court examined whether the doctrine ...

Criminal Proceedings Under The Copyright Act And Designs Act Are Not Justifie...

This case concerns the quashing of an FIR under Sections 420 and 114 of the Indian Penal Code, Sections 11 of the Designs Act, 2000, and Sections 63, 64, and 65 of the Copyright Act, 1957. The ...

Doctrine of Equivalents in Patent Infringement

The case of Actavis UK Ltd. vs. Eli Lilly & Co. is a landmark decision by the UK Supreme Court on the application of the doctrine of equivalents in determining patent infringement. The case...

Prior Trademark user prevail over later Trademark registration

Case Title: Shrinath Travel Agency Private Limited Vs. Ajay Kumar Sharma & Anr. Date of Order: 17 February 2025 Case Number: R/Rectification Application No. 25 of 2023 Neutral ...

Issue Of Invalidity Can Be Framed Post Filing Of Rectification Petition

The present case involves a legal dispute between Resilient Innovations Pvt. Ltd. (RIPL) and PhonePe Private Limited (PPL) regarding trademark rectification applications under the Trademarks Ac...

Trademark Infringement Liability Extends To E-Commerce Brand Owners If They D...

This case involves a trademark infringement dispute between Life Style Equities CV, the owner of the "Beverly Hills Polo Club (BHPC)" brand, and Amazon Technologies, Inc. along with i...

Proof Of Actual Deception Is Unnecessary In An Infringement Claim; Likelihood...

This case is a landmark decision in Indian copyright law concerning artistic works. It deals with the issue of copyright infringement in relation to the pictorial representation of a deity. The...

Due Diligence Requirements for E-marketing Websites

This case involves an appeal by Navya Network Inc. against the rejection of its patent application for an invention titled "Treatment Related Quantitative Decision Engine." The appeal...

Bad Faith Adoption And Interim Injunction

The plaintiffs, Novartis AG and its affiliate, are globally recognized pharmaceutical companies engaged in the manufacture, marketing, research, and development of high-quality pharmaceutical p...

Where A Single Judge Or Division Bench Finds Prior Rulings Incorrect, It Must...

This case highlights an important legal principle concerning judicial discipline and the necessity for consistency in judicial rulings.  The Division Bench of the Delhi High Court, while ...

Role Of Delay In Grant Of Ex Parte Ad Interim Injunction

Brief Facts of the Case: The dispute arises from the use of the trademark �Dakshin� in the restaurant business. The appellant, Adyar Gate Hotels Limited, entered into an agreement in 1985 with...

Combination Of Ordibary Generic Words (Portmanteau Words) Could Be Protected ...

Brief Facts of the Case: The dispute pertains to trademark rights over the name "DISPOSAFE." The appellants, Disposafe Health & Life Limited, claimed prior use of the trademark "DISPOSAFE"...

Minor Variation Or Modification Of An Existing Method Does Not Qualify As An ...

This case deals with the fundamental principles of patent law, particularly the requirement of novelty and inventive step. The Supreme Court of India examined whether the method of manufacturin...

Test for copyright infringement is substantial reproduction or a colorable im...

This case is a landmark decision in Indian copyright law concerning artistic works. It deals with the issue of copyright infringement in relation to the pictorial representation of a deity. The...

Intellectual Property Rights: A Comprehensive Guide

"Ideas are the foundation of progress, but without protection, they can easily be stolen. IPR is the armor that shields innovation." Introduction: Intellectual property right is an ...

A 38-Year Trademark Battle: Polo Ralph Lauren v/s U.S. Polo Assn

Trademark law is designed to protect brand identity, prevent consumer confusion, and ensure fair competition. However, when two entities operate within the same industry while utilizing similar...

Appointment of Advocate Commissioner Without Notice Under Order 26 Rule 18 CP...

The case involves a commercial dispute relating to trademark infringement, search and seizure, and ex-parte injunction orders passed by the Civil Judge, Senior Division, Nalbari, Assam. The pet...

Non Filing of Admission Denial Affidavit and its consequences

This case pertains to the failure of the defendant to file an affidavit of admission and denial of documents as per procedural requirements. The main legal question before the Delhi High Court ...

Admissibility of Publically available additional Documents

This case involves a dispute between Novateur Electrical & Digital Systems Pvt Ltd (Plaintiff) and V-Guard Industries Ltd (Defendant) regarding the alleged infringement of registered design...

Bad Faith Adoption and Trademark Rectification

Introduction:This case pertains to a rectification petition filed by Godai Global Inc., a South Korean company, under Section 57 of the Trade Marks Act, 1999 before the High Court of Delhi. The pet...

Jurisdiction of Court and Defendant's product available on third party intera...

Introduction: The present case concerns a trademark infringement and passing off suit filed by Johnson & Johnson PTE Ltd. against Mr. Abbireddi Satish Kumar and others before the Delhi Hig...

Effect of Expiry of Subject Matter Patent during pendency of Appeal proceeding

Introduction:This case concerns an intellectual property dispute in the pharmaceutical sector. The appeal, filed under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908, read with Section ...

Hindi Translations Of The Trademark Written In English Constitute Trademark I...

This case pertains to a trademark rectification dispute before the Delhi High Court, wherein the petitioner, Anshul Vaish, sought the removal of the respondent�s registered trademark "ROHI...

Naked Licensing of Trademark and its Effect

The case of Tractors and Farm Equipment Limited (TAFE) Vs. Massey Ferguson Corp (MFC) revolves around the doctrine of naked licensing�where a trademark owner allegedly fails to exercise quality...

Honest Concurrent Use Is Not A Defense Unless The Mark Is Registered

This case pertains to a trademark infringement and passing-off dispute between Apex Laboratories Pvt. Ltd. (plaintiff) and Macleods Pharmaceuticals Ltd. (defendant). The dispute arises over the...

The 2012 Copyright Act amendment does not apply retrospectively

This case revolves around the alleged copyright infringement of the song "En Iniya Pon Nilave" from the 1980 Tamil film "Moodu Pani" by Saregama India Ltd. (the plaintiff) a...

Third parties can be compelled to provide evidence if it aids justice

This case concerns an international patent dispute between Pfizer Inc. and Softgel Healthcare Pvt. Ltd., arising from litigation pending before the United States District Court, Delaware. The p...

Doctrine of Election and Jurisdiction of Court

The case Los Gatos Production Services India LLP vs. Wunderbar Films Pvt. Ltd. & Ors. revolves around copyright infringement allegations concerning behind-the-scenes footage from the Tamil ...

Civil Contempt of Court and Obstruction during the course of Local Commission

The case of ITC Limited vs. Raj Kumar Mittal & Ors. concerns trademark infringement, trade dress infringement, and copyright violations by the Defendants, who allegedly copied the packaging...

Amendment of Plaint: Passing off to Infringement Action

The present case pertains to a trademark dispute between Bajaj Resources Limited ("Plaintiffs") and Goyal Herbals Pvt. Ltd. ("Defendants"). The Plaintiffs filed a suit seeki...

Patel Field Marshal Agencies v/s P.M. Diesels Ltd.: Scope of Sections 46, 56,...

The case of Patel Field Marshal Agencies & Anr. v. P.M. Diesels Ltd. & Ors. decided by the Supreme Court of India on November 29, 2017, is a landmark judgment in the domain of trademark...

Mandatory Nature of Pre-Litigation Mediation Under Section 12A of the Commerc...

The Supreme Court of India addressed a significant issue in M/S. Patil Automation Private Limited and Ors. vs. Rakheja Engineers Private Limited: whether pre-litigation mediation under Section ...

Pre-Litigation Mediation And The Scope Of Urgent Interim Relief Under Section...

The Supreme Court of India, in Yamini Manohar vs. T.K.D. Keerthi, addressed the critical question of whether a suit seeking urgent interim relief can bypass the mandatory pre-litigation mediati...

Heinz Italia v/s Dabur India Ltd- Trademark Infringement and Passing Off: An ...

This case revolves around allegations of trademark infringement and passing off brought by Heinz Italia against Dabur India. The dispute concerns the use of the trademark "Glucon-D" a...

J.B. Williams Co Vs. H. Bronnley-:Standard for assessing similarity in tradem...

This case revolves around the alleged passing off of shaving soap by imitating the packaging design of the plaintiff's product. The J.B. Williams Company, a prominent American manufacturer of s...

Kaviraj Pandit Durga Dutt Sharma Vs Navaratna Pharmaceutical Laboratories:Tra...

The case of Kaviraj Pandit Durga Dutt Sharma Vs Navaratna Pharmaceutical Laboratories is a landmark judgment concerning trademark law in India. It highlights the interplay between statutory rig...

The Impact Of Artificial Intelligence Of Intellectual Property Law

Artificial intelligence is rapidly transforming and changing various sectors, and intellectual property law is no exception. As artificial intelligence system is becoming more capable of genera...

The Patent Register in India

The Register of Patents is a vital element of India's patent system, acting as the official repository of all patents granted in the country. Managed by the Controller General of Patents, Designs a...

Reviving Expired Patents In India

Reviving Expired Patents in IndiaIn the intricate landscape of patent law, the option to restore lapsed patents is critical for protecting inventors' rights. According to the Indian Patents Act...

Interface Of Intellectual Property Rights In Fictional Characters

During 17th and 18th centuries cartoons were evolved as a tool to express comments on social and political events. The word cartoon was derived from an Italian word "cartone", which mean a draw...

Amendment of Patent Applications and Specifications in India

The Indian Patents Act, 1970, establishes the legal basis for granting patents, fostering innovation, and protecting intellectual property. The process of amending patent applications and speci...

Patents of Addition in Intellectual Property Law

In the realm of intellectual property, patents are vital for safeguarding inventions, granting inventors exclusive rights for a set period. The Indian Patents Act, 1970, includes various patent...

Glaverbel S.A. v/s. Dave Rose-Credible challenges to the validity of the pate...

This case examines an intellectual property dispute concerning alleged patent infringement related to the manufacture of copper-free mirrors. The plaintiff, Glaverbel S.A., sought an interim in...

Novartis AG v/s Union of India:Test of Enhanced Efficacy under Section 3 (d) ...

This case primarily revolves around the interpretation and application of section 3(d) of the Patents Act, 1970, in relation to the patentability of a beta crystalline form of Imatinib Mesylate...

International Copyright Under The Copyright Act,1957

The term 'copyright' is derived from the two words 'copy' and 'right'. It originated from the legal concept that the right to make copies of a piece of work, such as a book or a piece of music,...

Five Steps to be followed while evaluating Inventive Sep in a Patent

This case concerns the rejection of Indian Patent Application No. 201817029244 by the Assistant Controller of Patents and Designs. Filed by Biotyx Medical (Shenzhen) Co. Ltd, the application pe...

Suppression and misrepresentation by the plaintiff and entitlement of Equitab...

This case revolves around a dispute concerning trademark infringement and deceptive similarity in the agricultural seed industry. The plaintiff, DCM Shriram Limited, alleged that the defendants...

Territorial Jurisdiction of Court under Section 134(2) of Trademarks Act 1999...

This case pertains to trademark infringement, passing off, dilution, and unfair competition involving the globally recognized trademarks "VOLVO" and "PENTA and objection of Terri...

Role of Goodwill in Trademark Infringement and Passing off Action

This case revolves around a trademark infringement and passing-off dispute concerning the use of the trademark "BROAD PEAK." The plaintiffs sought a permanent injunction to prevent th...

User of Trademark by Ex Franchisee, Post Termination Franchisee Use Agreement

The legal battle between IMS Learning Resources Pvt. Ltd. and Young Achievers concerns the alleged infringement and passing-off of the trademark "IMS." The dispute highlights key issu...

Copyright Infringement in relation to Literary Work in Question Paper

This case addresses a copyright infringement dispute concerning the reproduction and publication of ICSE Class-X question papers. The central issue is whether the defendant's publication of a g...

Patent Infringement and Trivial Variation in Defendant Composition

This case revolves around the alleged infringement of patents owned by UPL Limited concerning a unique herbicidal composition and process. UPL sought interim relief through an injunction restra...

Patent Infringement And Suppression Of Fact By Plaintiff

This case involves a dispute over patent infringement and intellectual property rights related to safety I.V. catheters. The plaintiff, B. Braun Melsungen AG, alleged that the defendants infrin...

The Importance Of Confidentiality In Inventions

In the dynamic landscape of innovation, keeping inventions secret is vital for inventors to protect their ideas before they are revealed through patent applications. Inventions are key to techn...

Copyright And Free Speech Overlap

The fast-paced globalisation led us to the digital era where among many comforts it gives rise to some complexities, the relationship between copyright and free speech is one of the i...

Jurisdiction of Customs Authority in Patent Disputes

This case revolves around the interpretation and application of the Patents Act, 1970, and the Customs Act, 1962, concerning the actions of customs authorities in suspending the clearance of im...

Domain Names as Trade Identifiers

This landmark case delves into the applicability of intellectual property law principles, particularly those governing trademarks, to internet domain names. The Supreme Court of India examined ...

Intersection of intellectual property rights and the jurisdiction of courts i...

This case explores the intersection of intellectual property rights and the jurisdiction of courts in online disputes. Specifically, it addresses whether the hosting of a website accessible in ...

Section 3 d of Patent Act 1970 and Evergreening of Patent

The case represents a landmark decision in Indian patent law, addressing critical issues such as patent infringement, the public interest in life-saving drugs, and the interpretation of Section...

Corporate Name and Trade Mark Infringement

This case involves a dispute over the rectification of the corporate name under Section 16 of the Companies Act, 2013, between the petitioner, M/s. Shaktiman Equipments Pvt. Ltd., and the third...

Price Differences Are Irrelevant In Cases Of Trademark Infringement

This case revolves around a trademark dispute between KRBL Ltd., the registered owner of the trademark "INDIA GATE" for rice, and the respondents, who marketed rice under the name &qu...

Trademark Registration is no defense in Passing off Action

This case involves a trademark dispute between the appellant, Kiran Sehgal, and the respondent, Veena Aggarwal, concerning the alleged deceptive similarity between the trademarks "POWERMAN...

Trademarks Right, Right in Rem and its Arbitrability

Background:The plaintiffs are the proprietors of the trademark associated with "Sri Angannan Biriyani Hotel," a name rooted in their family business since the late 20th century. The f...

Use Of Trademarks As Keywords In Google�s Adwords Program And Trademark Infri...

This case examines intellectual property rights, focusing on whether the use of registered trademarks as keywords in Google's AdWords program constitutes trademark infringement and passing off....

Expanding Reach Of Educational Institutions And Geographical Distance

This case revolves around a trademark dispute between two educational institutions over the use of the term "Abacus" in their names. The petitioner, Abacus Montessori School, sought to protect ...

The Transformation of Intellectual Property Rights in the Digital Era

In the current high-speed, globally connected world, the digital era has significantly altered numerous facets of life. Intellectual Property Rights (IPR) have gained heightened importance, aid...

Mandatory Nature of Section 12-A of Commercial Court Act 2015

The case involves a commercial dispute between Novenco Building & Industry A/S (plaintiff) and Xero Energy Engineering Solutions Private Ltd. (defendants) concerning allegations of patent a...

Trademark of Ex Distributor, Rectified, being dishonesty in adoption

This case pertains to a trademark dispute between Diamond Modular Pvt. Ltd. (the petitioner) and Yash Arora, trading as Siddhi Vinayak Traders (respondent no. 1). The petitioner sought the canc...

Non Mentioning of Defendant's Trademark Registration in different class is no...

This case concerns a dispute between FMI Limited (Plaintiff) and Midas Touch Metalloys Pvt. Ltd. (Defendant) over the alleged trademark infringement and passing off involving the trademarks &qu...

Additional Written Statement under Order VIII Rule 9 CPC

This case concerns a suit filed by Novartis AG and its affiliate seeking a permanent injunction to restrain Natco Pharma Limited from infringing its Indian Patent No. 276026 (hereafter "IN...

Effect Of Well Known Trademark Declaration In Trademark Cancellation Proceeding

The case concerns a rectification petition filed by RPG Enterprises Limited seeking cancellation of the trademark registration granted to RPG Industrial Products Pvt. Ltd. for the mark "RPG" un...

Technical Glitch in Trade Mark Registry website and Delay in filing Notice of...

This case concerns the procedural challenge faced by Malpani Enterprises in filing a notice of opposition against the trademark application for "R3 D�COR." The issue arose due to a te...

Use of Common Word as a Trademark and Acquired Distinctiveness

This case addresses a trademark and passing-off dispute between T.V. Venogopal, the appellant, and Ushodaya Enterprises Ltd., the respondent. The appellant claimed to have used the word "E...

Prior User of Trade Mark prevails over prior Registration but subsequent User...

This case revolves around a dispute concerning the use and registration of trademarks in the pharmaceutical industry. Neon Laboratories Ltd. (Appellant) and Medical Technologies Ltd. (Responden...

The Date of Grant of Patent

The case primarily revolved around the interpretation of provisions under the Patents Act, 1970, particularly the timing of the grant of a patent and its implications for pre-grant opposition. ...

Parallel imports of genuine goods and International Exhaustion

This case revolves around the doctrine of trademark exhaustion under the Trade Marks Act, 1999. The primary issue was whether the Act embodies the principle of National Exhaustion or Internatio...

Dishonesty in initial adoption of Trademark can not be cured

The case involves a trademark dispute over the marks �Udta Panchhi� and �Panchhi Chaap,� both used in connection with chewing tobacco. The central issues revolved around deceptive similarity, pri...

Statutory Requirements under the Prevention of Food Adulteration Act, Standar...

This case involves a dispute over trademark rights and business arrangements within a family-run entity, focusing on the interpretation of the Trade and Merchandise Marks Act, 1958. The case is...

Delay Versus Dishonest Adoption In Passing Off Action

This case revolves around trademark infringement and passing off. The appellants, Heinz Italia, claimed that the respondents, Dabur India Ltd., infringed their trademark "Glucon-D" by...

Hush Product And Possibility Of Trademark Confusion

This case addresses a trademark dispute between Wipro Enterprises and Himalaya Wellness Company concerning the use of the mark "EVECARE." The dispute centers around allegations of pas...

Confidentiality Club and Confidential Information

This case concerns the alleged infringement of two process patents granted to the plaintiffs, Syngenta Limited and another, relating to the manufacture of a fungicide, Azoxystrobin. The primary...

Is a revocation petition maintainable after the expiry of the patent?

Parties Involved: Petitioner: Macleods Pharmaceuticals Ltd., engaged in the manufacture and marketing of pharmaceutical products, including anti-diabetic drugs. Respondent N...

Least Possibility Of Confusion In Relation To High-Value Products

This case revolves around a trademark dispute in the burgeoning electric vehicle (EV) sector. The plaintiff, Gensol Electric Vehicles Pvt. Ltd., alleged trademark infringement and passing off a...

The Cornerstones of Innovation: Exploring Intellectual Property Rights in India

This article explores the multifaceted realm of Intellectual Property rights, examining its foundational principles, encompassing patents, copyrights, trademarks, and designs. It delves into th...

Non-Compliance with Section 115 of the Trade Marks Act 1999

This case concerns the quashing of an FIR and related proceedings under the Copyright Act, 1957, and the Trade Marks Act, 1999. The petitioner, Arun Kumar, challenged the procedural and substan...

Availability Of Simultaneous Remedy Of Counter Claim And Patent Revocation

This landmark case delves into the intricacies of patent law, particularly concerning the interplay between revocation petitions under Section 64(1) of the Patents Act, 1970, and counter-claims...

Why Trademarks Are Essential for Your Business in 2025?

In a fast-paced, evolving, and cutthroat competitive business landscape, establishing and securing a brand identity is essential to ensure sustainable growth. A trademark is the most effective ...

Licensing and Copyright Management: Rights of Copyright Owners Versus Copyrig...

The case revolves around the rights of copyright owners and the limitations imposed on entities managing intellectual property under the Copyright Act, 1957, as amended. Novex Communications Pv...

Essential Feature of Patent and its role in Patent Infringement

This case involves a dispute over patent infringement concerning a technology for detecting inclusions in gemstones. Galatea Ltd., an Israeli company, alleges that the defendants, Diyora and Bh...

Right And Scope Of Product-By-Process Patent

On February 7, 2024, the Delhi High Court, through a 188-page judgment by Justices Yashwant Varma and Dharmesh Sharma, overturned a restrictive interpretation of product-by-process claims. The ...

Role Of Pre-Grant Opponents In Patent Amendment

This landmark case delves into the procedural intricacies of pre-grant opposition under the Indian Patents Act, 1970, with a focus on the Controller's authority to amend patent claims and the c...

Reconciling Rectification Proceedings and Infringement Suits under Trade Mark...

The case of Amrish Aggarwal vs. Venus Home Appliances Pvt. Ltd. explores a pivotal question under the Trade Marks Act, 1999: Should infringement suits be mandatorily stayed when rectification pro...

Intellectual Property Rights and enforcing fiduciary duties and confidentiali...

The legal dispute involving Cigma Events Private Limited ("Plaintiff") and its former employees, Deepak Gupta, Harshdeep Saini, Mohd. Sazid Khan, and Giggan Saini ("Defendants&qu...

Patent Grant Processes In India And The USA: Challenges, Opportunities, And F...

The patent system fosters innovation, technological progress, and economic growth in developed and developing economies. By granting exclusive rights to inventors, patents incentivise the creat...

Geographical Indications and The Kashmiri Pashmina

What Is Geographical Indications? A geographical indicator (GI) is a label placed on products that have their origins in a particular area and are known for features or quality that are exclus...

How to Get the Trademark Registration of One Person Company in India?

The increasing awareness of intellectual property rights and the growing entrepreneurial spirit in India have spurred a steady rise in trademark registrations. Key trends that highlight the fut...

Godrej Soap Ltd., Procter & Gamble Ltd. v/s Hindustan Lever Ltd: Examining Pa...

Godrej Soap Ltd. and Proctor and Gamble Godrej Ltd. vs Hindustan Lever Ltd.The aim and objective of The Patent Act, 1970 is to protect the innovations and inventions done by any person and to pro...

Understanding Copyright Law in India: From Registration to Infringement

Who Can Register Copyright The Author: The author is either the individual who creates the original work or, in cases where the work is made during the scope of employment, the e...

Understanding Copyright: A Comprehensive Overview of Indian Copyright Law

Copyright represents a cornerstone of intellectual property rights, ensuring that creators are rewarded and incentivized for their work while balancing public access to knowledge and culture. I...

Global Frameworks Governing Intellectual Property Rights

Intellectual Property Rights (IPRs) are essential for fostering innovation, creativity, and fair competition. They protect the interests of creators by granting them exclusive rights over their...

Industrial Design Protection in India: A Comprehensive Guide to the Designs A...

Industrial designs are creative activities that result in the ornamental or formal appearance of a product, and design rights are novel or original designs granted to the proprietor of a validl...

Intellectual Property Rights in India: Legal Protection, Policy Framework, an...

Intellectual Property Rights In India se of the Members in the discharge of their Parliamentary duties, and is not for publication. Introduction Intellectual property (IP) is related to human...

Is Compulsory Licensing An Adequate Solution For IP

Patents, as a key element of intellectual property, grant exclusive rights that enable inventors and businesses to profit from their creations (Article 28, TRIPS Agreement). However, such exclu...

Intellectual Property Rights In A Borderless Digital World

The 20th century saw the rapid advancement of digital technology, fundamentally reshaping the ownership and enforcement of intellectual property rights (IPR). Expanding the internet, social med...

Artificial Intelligence Technology: Beneficial or Dangerous?

Artificial Intelligence Technology:Beneficial or Dangerous? Artificial Intelligence (AI) has become an integral part of our lives . We all are using AI for our work, study , business , get any k...

Copyright Law: Definition, Benefits, Registration Process, and Case Laws in I...

Definition of copyrightCopyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound reco...

Intellectual Property Rights in the Digital Age

Abstract The fast development of digital technologies has changed the intellectual property rights (IPR) scene, bringing new possibilities and intricate issues for creators, businesses, and le...

Intellectual Property Rights in Modern Era

In today's world, the increase in consumption, priorities, and preferences of people has led to the creation of the same commodity in different ways. This has made it essential to have intellec...

Copyright Infringement and its Remedies In India

As we all know, copyright provides exclusive rights to the copyright holder, such as the right to distribute, perform, reproduce, or display the copyrighted work. Copyright infringement refers ...

Compulsory Licensing in India: Patent Law, Public Health, and TRIPS Impact

As per World Intellectual Property Organization (WIPO), "a patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing s...

Common Mistakes to Avoid When Selecting from the Trademark Class List

When registering a trademark, choosing an appropriate type from the trademark class list is crucial for legal safety. Each class within this list categorizes goods or offerings, helping make ce...

Different Aspects of Intellectual Property Related Issues

'Innovate patent, produce and prosper' - Hon'ble Prime Minister of India, Sri Narendra Modi. Humans are the sole creation of God endowed with the capacity for thinking, learning, as well as ...

Impact of Piracy on Live Sports Broadcasting

Piracy in live sports broadcasting gives rise to a continuous threat to the live sports broadcasting media rights holder, which is causing several financial losses and also further depriving th...

Whirlpool Corporation v/s Registrar Of Trade Marks, Mumbai (1998): Detailed A...

The Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai (1998) case is a landmark judgment that has significantly impacted trademark law in India. This case dealt with essential legal is...

Trademark And Investment Disputes: A Critical Analysis Of Philip Morris v/s C...

This piece of writing includes the interaction of intellectual rights, more precisely trademarks with the international disputes in the first part along with the role of intellectual rights in ...

The Art of IP: Protecting Street Art in India

People say graffiti is ugly, irresponsible and childish� but that's only if it's done properly - Banksy The growth of street art in India is a dynamic journey through the country's cities, e...

Understanding IP rights in food startups

This article discusses intellectual property rights and how food businesses can use them. What obstacles does the individual encounter, and what are the potential opportunities and prospects fo...

Trademark Protection in E-Commerce: Key Takeaways from Modern Mold Plast Pvt....

Online shopping has been not merely a convenience but a way of lifestyle itself, and in that process, the limits of trademark protection are tested day in and day out. With this context in view...

Audio Trademarks: How To Register A Soundmark

Trade MarkSection 2 (m) of Trademark act, 1999 defines "mark" as mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or comb...

Trademark Rectification and Passing Off

Factual Background of the Case: The case titled V Lakshminarayanasamy v/s Siva Bhaskaren, registered as (T) OP (TM) No.165 of 2023 in the High Court of Judicature at Madras, revolves around a ...

Outcome of Plaintiff's Interlocutory Application Does Not Affect Determinatio...

The interplay between the requirements for filing a suit and the necessity for urgent interim relief is crucial in commercial litigation. This case, News Tamil 24 X 7 Vs Ananda Vikatan Publishe...

Post Assignment of Trademark a Party Cannot Use a Similar Trademark

Trademark law plays a crucial role in maintaining fair competition in the marketplace and protecting consumers from confusion regarding the source of goods and services. This case involves ITC ...

No Written Statement Can Be Filed Beyond 120 Days for Non-Commercial Disputes

Background of the Case: The case at hand revolves around a dispute between the Delhi Gymkhana Club Limited (hereinafter referred to as the Appellant) and Col. Ashish Khanna (hereinafter referr...

Inefficacy Of The Copyright Act Of 1957 In Contemporary India

Copyright contributes as one of the most essential factors in the growth of the country as it enriches our cultural heritage by protecting our masterpieces. Copyright is a part of intellectual...

The Enforcement Of The Trademarks Act,1999: Challenges In The Indian Market

Trademarks are essential to intellectual property because they guarantee market uniqueness and give brand names legal protection. Enforcing trademark laws is crucial in the Indian market to pro...

Trademark Rectification in Case Where Petitioner's Grounds Remain Un-rebutted

Trademark rectification refers to the legal procedure by which the registration of a trademark can be canceled or modified in the Register of Trade Marks. One of the key grounds for rectificati...

Dynamic Legal Remedies In Evolving Digital Landscape

The rapid evolution of digital technologies has significantly altered the landscape of content distribution, particularly in the realm of broadcasting and media rights. The legal system faces i...

Pre-Institution Mediation as per Section 12-A of the Commercial Courts Act, 2...

The Commercial Courts Act, 2015 was enacted with the primary objective of ensuring the speedy resolution of high-value commercial disputes. Section 12-A of the Act, introduced in 2018, mandates...

Opposition is Not Prohibition to Use the Trademark Getting Registered: Trade ...

The Trade Marks Act, 1999 provides a comprehensive framework for the registration, protection, and enforcement of trademarks in India. One significant aspect of the trademark registration proce...

Diligence Required for Corporate Entities Seeking Exemption Under the Limitat...

Background of the Case: The case under discussion involves Akash Pack (the appellant) and Today Tea (the respondent) in a money recovery suit. This dispute arose from a judgment and decree pas...

Passing Off Protects The Goodwill Of A Business From Misrepresentation

Background of the Case: The present matter before the High Court of Delhi involves Akemi Chemisch Technische Spezialfabrik GmbH (plaintiff) versus Devki Nandan Malik trading as Delhi Hardware ...

Patentability And Therapeutic Efficacy: Analysis Of Section 3(D) In Ovid Ther...

Section 3(d) of the Patents Act, 1970 underwent an amendment in the year 2005, the amendment laid down the condition of "enhancement of the known efficacy". The inference is that not all ad...

Disparagement And Limitation For Social Media Influencer

Background of the Case: This case involves a legal dispute between Zydus Wellness Products Limited (the plaintiff) and Mr. Prashant Desai (the defendant). Zydus Wellness is a prominent player ...

Trademarks RACIRAFT and RANRAFT Held to Be Deceptively Similar

Background of the Case: This case concerns a dispute between Sun Pharmaceutical Industries Ltd., the plaintiff, and J.B. Chemicals, the defendant, over the use of trademarks related to pharmac...

GHADI and TIME Held to Be Deceptively Similar Trademark

Background of the Case: This case revolves around a trademark dispute between the plaintiff, the registered owner of the trademark "GHADI," and the defendant, who is alleged to have ...

During subsistence of Registered Design, the Defendant can not be allowed to ...

Background of the Case: The dispute in this case revolves around Kent RO Systems Ltd., a prominent manufacturer of water purifiers, who filed a suit against the defendants for allegedly infrin...

Negligence of the Patent Agent Vs. Responsibility of the Applicant

Background of the Case: The case at hand involves Bry-Air (Asia) Pvt. Ltd., which filed a writ petition against the Union of India and other respondents, challenging the status of their patent...

Post Expiration of Suit Patent, No Relief of Injunction Can Be Granted in Pat...

Background of the Case: In the case presented before the High Court of Delhi, BDR Pharmaceuticals International Pvt Ltd (BDR) and Kudos Pharmaceuticals Limited ("Kudos") were embroil...

Stay Of Copyright Registration During Pendency Of Copyright Cancellation Proc...

Background of the Case: The case Keshav Kumar Ratwani vs. Rohit Kumar Dhaka is being adjudicated in the High Court of Delhi, New Delhi, and centers on a significant dispute regarding artistic ...

Patent trolls and their impact on innovation

Patent trolls, or non-practicing entities (NPEs), exploit the patent system by acquiring and enforcing patents without the intent to develop or commercialize the technology. This practice h...

Provisions of Section 340 Cr.P.C. even in relation to documents where forgery...

Background of the Case: The case in question, KG Marketing India Vs Rashi Santosh Soni & Anr., involves a complex trademark dispute between the appellant, KG Marketing India, and the responden...

Manner of use of a Trademark is different from its Trademark Registration

Factual Background: The present case is a legal dispute between Madhu Food Products (the appellant) and Surya Processed Food Pvt. Ltd. (the respondent), centering around allegations of trade...

In Case of Conflict, Delhi Original Side Rules Prevail Over CPC

Background of the Case: The case at hand, Manhar Sabharwal Vs High Court of Delhi, decided on August 23, 2024, involves a significant constitutional challenge raised by the petitioner, Manhar ...

Trademark Infringement and Passing Off in Ayurvedic Packaging

Background of the Case: The case of Rasayanam Enterprises vs. Upakarma Ayurveda Pvt. Ltd. was heard before the High Court of Delhi and revolves around a dispute concerning trademark infringeme...

Single Trial for Affiliate Companies

Background of the Case: The case of Renu Bajaj & Anr. v. Consilium Automation & Fire Protection Ltd. & Ors. was brought before the High Court of Delhi, focusing on a commercial dispute invol...

Trademark Rectification and Stay of Proceedings

Background of the Case: The case of Sri Laxmi Balaji Industries vs. MS. Lakshmi Venkateshwar Rice Industries is a significant trademark dispute, brought before the High Court under Articles 22...

Interconnection Between IPR And Brand Building And Management

In the modern era, when technological advancements are happening continually and competition is constantly evolving, it is vital to establish a brand identity for any kind of business or entity...

Trademark Infringement against prior user

Background of the Case: The case before us is a trademark infringement dispute between Rebanta Healthcare Pvt. Ltd. (the appellant) and Dr. Reddy's Laboratories Ltd. & ANR. (the respondent...

Withdrawal Of Earlier Counter Claim Without Any Liberty Bars The Party To Fil...

Background of the Case: The case involves a legal dispute between VIP Pharma and Rhydburg Pharma, with the former filing a suit against the latter in the Delhi High Court. The case revolves ar...

No Actual Proof Of Confusion Is Required To Assess Confusion Between Trademarks

Background of the Case: The case before us is L'Oreal vs. Sarvodaya Overseas Pvt. Ltd., which was heard by the Intellectual Property Appellate Board, Chennai Circuit Bench at Mumbai. The case ...

The intent and manner of the Advertisement is critical in disparagement cases

Background of the Case: Hindustan Unilever Limited (HUL) filed a suit against Abbott Laboratories and others (Defendants) in the High Court of Judicature at Bombay, specifically in its Commerc...

Case Analysis: Google LLC v/s Controller of Patents

The Delhi High Court, in a recent case of Google LLC v. Controller of Patents gave a landmark ruling involving objections of lack of novelty and inventive step, as also an objection under Secti...

The Burden Of Proof In Patent Infringement Cases, Lies With The Party Allegin...

Background of the Case: The case before us is Nokia Corporation vs. Bharat Bhogilal Patel, with case number CS(OS)No.3071-2011, heard in the High Court of Delhi at New Delhi. The date of the d...

A Judgment Should Be Read In The Context Of The Facts Of The Case And Not As ...

Background of the Case: The case involves a challenge to a detention order passed against the petitioner, Deepak Gopaldas Bajaj, under the Conservation of Foreign Exchange and Prevention of Sm...

In Case Of Faulty Advertisement, The Trademark Has To Be Re Advertised In Tra...

Background of the Case: The case before us is Bhupinder Jain vs Sachdeva & Sons Industries Pvt. Ltd., which was heard by the Intellectual Property Appellate Board (IPAB) in Chennai Circuit...

Balancing Privacy And Brand Protection: The Legal Intersection Of Information...

The relationship between trademark protection and informational privacy creates both opportunities and challenges in the intricate world of contemporary law. Informational privacy is concerned ...

Fair Use Or Foul Play: Balancing Copyright And AI Engine

AI Engineering is a study and practice area that integrates the ideas of systems engineering, software engineering, computer science, and human-centred design to produce AI systems that meet hu...

How To Register Your Brand Logo In India? The Complete Easy Guide To Help You...

In the dynamic landscape of Indian businesses, a strong brand identity is the lifeblood of success. Your company logo is a visual cornerstone, instantly recognizable and evoking positive associ...

Your Guide to Trademark Registration in India: Compliance Calendar can help y...

In today's competitive marketplace, a strong brand identity is a crucial asset. A trademark acts as a shield, protecting your brand name, logo, slogan, or any other distinctive symbol that iden...

Understanding the Concept of Trademark Infringement in India

Trademark infringement, as defined by Section 29 of the Trademarks Act, involves unauthorized usage of a registered trademark. In India, trademark infringement is both a civil and criminal offe...

The Role Of Intellectual Property Rights In Safeguarding Human Creativity In ...

IPR stands for intellectual property rights,it's a creation of any intellect or wisdom created by any person by using the ideas in their mind and IPR enforce such rights which helps person to p...

The Evolution And Implementation Of Intellectual Property Rights In India: Ch...

Any economy that wants to promote innovation and creativity has to protect intellectual property rights (IPR), which guarantee that inventors and creators are rewarded financially and socially ...

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

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...

Geographical Indications: Protecting Unique Regional Heritage

What is a geographical indication?A geographical indication (GI) is a label used on products that have a specific geographic origin and exhibit qualities or a reputation that are inherently lin...

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

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...

Ownership Of Genetic Resources And Traditional Knowledge UNDER CBD And Nagoya...

Here the topic is to understand the ownership of genetic resources and Associated traditional knowledge which is mentioned in the CBD and Nagoya protocol , if it is mentioned then in what provi...

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

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

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

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

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...

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

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

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...

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

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

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

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...

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...

Landmark Trademark Ruling: Pune Court Dismisses Burger King Corporation's Inf...

Background: Burger King Corporation, a globally recognized fast-food chain incorporated in the State of Florida, initiated a lawsuit against a local Pune eatery, also named "Burger King," alleg...

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

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:

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 ...

Global Perspectives on Intellectual Property Rights: Understanding the Impact...

                                             Intellectual Property Rights and Int...

The Lanham Act: An In-Depth Examination

The Lanham Act, officially referred to as the Trademark Act of 1946, serves as a cornerstone of trademark law in the United States. Instituted on July 5, 1946, the act is named after Texas Repr...

Appropriateness of Defendant's Explanation for Trademark Adoption

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...

The Use of Artificial Intelligence in Copyright Infringement Detection

The use of AI has been increased to a large extent for the purpose of creation and circulation of intellectual property and this use of technology raises some very serious questions upon the is...

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

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

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...

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...

AI-Generated Trademarks: Innovation Meets Intellectual Property

We are witnessing a transformative era where Artificial Intelligence (AI) is revolutionizing how people engage with technology. AI is increasingly taking over complex cognitive tasks traditiona...

The Role of Trade Secret Protection: Analysing Legal Frameworks and Best Prac...

In this highly competitive global environment, companies are primarily driven by the pursuit of profit. This paper is having a cross disciplinary approach of the Business Trade secret and the I...

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

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 ...

Fair use, Parody and Artificial Intelligence in Copyright Law

In this article I'll be talking about a very controversial exception in Intellectual property law, mainly in Copyright law i.e Fair use and Fair dealing. This article provides information about...

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

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

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...

Geographical Indications: Understanding Registration and Protection

Meaning: A Geographical Indication (GI) tag is a special mark used on products that originate from a particular region and have unique qualities or a good reputation due to their origin. This ...

Maintainability of design cancellation before High Court

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

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

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

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

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...

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

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

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

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

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

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

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

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...

Trademark Battle: Sony's Failed Appeal Against 'SONY' Nail Polish Registratio...

Background: Appeal by Sony Kabushiki Kaisha (Petitioners) Challenging the decision of the Assistant Registrar of Trade Marks. The Registrar had granted the appl...

Bio Colonialism: The New Frontier For Global Exploitation

The international legal landscape is grappling with a modern form of exploitation: Biocolonialism. This phenomenon, rooted in the unauthorized appropriation of genetic resources and traditional...

Trademark? Everything You Need To Know About

The word trademark is referred to a known sign, pattern, print insignia, phrase, word, or symbol which speaks about particular product and lawfully different from all other products of its kind...

An Introductory Guide to Intellectual Property Rights

Intellectual property (IP) is a special kind of property resulting from human intelligence (mind) in fields such as arts, literature, science, trade, etc. Since IP is an original creation of mi...

Standard Essential Patents and Injunctions: A Comprehensive Legal Overview

Standard Essential Patents (SEPs) and the legal doctrines surrounding them have become increasingly significant in the realm of intellectual property law. SEPs are patents that are essential to...

Doctrine of Fair Use: Balancing Knowledge and Creativity

Creativity is a part and parcel of copyright. The copyright law requires originality and creativity for a work to be protected. This means that the work must have been developed by the creator ...

Innovation and Protection: The Role of Patents, Copyrights, and Trademarks in...

Intellectual property rights (IPR) play a pivotal role in the success and sustainability of startups, serving as a cornerstone for innovation, competitiveness, and growth in the contemporary bu...

The Impact of Brand Protection Through Trademarks on Business

Trademark protection is essential for a company's survival and success in the cutthroat commercial world of today. Trademarks, which include names, logos, slogans, and other distinguishing indi...

A Guide to the Evolution of Trademark Laws

"Freedom and Property Rights are inseparable. You can't have one without the other"- George Washington Property creation, enjoyment, and accumulation have been fundamental pursuits i...

Study On Geographical Indications And Its Infringement And Remedies

Geographical Indications (GIs) serve as vital markers of origin, connecting products to the unique geographical regions where they are produced. They encapsulate the essence of a particular pla...

Non-use of Registered Trademark, Protection Provided and Effects for the same

Non-use of Trademark is here means that when the Trademark is registered in the name of registered proprietor but not in use with respect to the goods and services for which descriptively it wa...

Quest For Recognition: Exploring Judicial Perspectives On AI Inventorship

Technology advances make it harder for our current legal frameworks and systems to keep up. Many discussions have been triggered by the development of artificial intelligence (AI), especially i...

The role of IPR in the Digital Business World

As digitalization continues to transform the global business landscape, the role of Intellectual Property Rights (IPR) has become increasingly crucial. Intellectual Property Rights refer to the...

Patent Registration Procedure and Infringement

Procedure To Obtain a PatentFiling the Patent Application  Section 6 of the Patents Act, 1970, specifies the eligible applicants, including the true and first inventor, an assignee (s...

Suit for Patent Infringement and essential features of the suit patent

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...

Exploring the critical challenges of patenting cryptocurrencies and blockchai...

Blockchain technology enables networking from people to people, which thereby facilitates keeping a record of accomplishment of all monetary activities and implementing other similar valuable t...

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

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

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

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...

The Legality Of Gaming And Gambling In India Is Software Protected As Intelle...

To understand India's gaming and gambling scene, it is important to understand the relationship between technology advances and legal frameworks. This study focuses on the legal aspects of gami...

Artificial Intelligence: Boon or Bane for Intellectual Property

Artificial Intelligence is designed to mimic human intelligence in carrying out human-like tasks such as generating texts and images etc. But will artificial intelligence ("AI") be able to repl...

Tractors And Farm Equipment v/s Greenfield Farm Equipment's: A Legal Battle ...

Tractors And Farm Equipment Ltd. v/s Greenfield Farm Equipment (P) Ltd. 2006 (32) Ptc 343 Facts: The plaintiff (plaintiff) is a company manufacturing tractors and agricultural machinery since...

Non Renewed Registered Trademark Are No More In Existence

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

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

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...

Non-Statutory Double Patenting: Understanding US and Indian Laws

Non-statutory double patenting is a crucial aspect of U.S. patent law, designed to prevent the undue extension of patent terms. This doctrine tackles the issue of multiple patents being granted...

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

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...

Infringement Dispute: Shemaroo v/s Super Cassettes Industries

Shemaroo Entertainment Ltd. v/s Super Cassettes Industries Pvt.Ltd. 2023 SCC Bom1148, Order dated 5-6-2023. Order by: Justice Manish Pitale Order dated :5-6-2023 Introduction The case is rel...

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

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

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 IP Minefield: Potential Of Nfts's While Protecting Digital Creativity

You have probably heard about Non-Fungible Tokens (NFTs), these tokens have become the new trend sweeping artists, collectors, and investors off their feet. These new and scarce forms of digita...

Analysis of the Draft Patents (Amendment) Rules, 2023 in India A Comprehensiv...

The Indian Patent Office has recently released "The Draft Patent (Amendment) Rules, 2023". The Draft proposes significant changes to streamline the patent application and opposition p...

Why Trademark Registration is Crucial for Long-Term Business Success

Trademarks play a crucial role in the business world, serving as unique identifiers that distinguish one company's goods or services from those of others. Trademark registration is the formal p...

The Executing Court Cannot Go Beyond the Decree

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

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...

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 ...

Understanding Patents in India

PatentThe Patents Act, 1970 is the primary legislation governing patents in India. According to Section 2(1)(m) of this Act, a patent is a statutory right conferred by the Indian government to ...

Understanding Trademarks: A Complete Guide to Types, Functions, and Evolution...

Trade MarkA trademark is a word, phrase, symbol design, or combination of words, phrases, symbols, or designs used in the course of trade that identifies and distinguishes the source of the goo...

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

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...

Infringement and Passing Off in Trademark

Infringement of Trademark Section 29, is defined as the use of a mark, by an unauthorized or authorized person or a person who is not the registered proprietor, which is identical or deceptive...

Fabrication of Invoices at Interim Stage in Trademark Dispute

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...

Fashion and Law Relationship

Fashion and law are inextricably linked, with the creative energy of the industry meeting the structured framework of the legal system. Intellectual property, contract law, employment law, inte...

Understanding the Grounds for Refusal of Trademark Registration

Trademark registration is a critical legal mechanism that grants exclusive rights to businesses or individuals over their distinctive marks, protecting them from unauthorized use by competitors...

Balancing Copyright Protection and Public Access: Fair Use and Fair Dealing i...

Copyright law is a legal framework designed to protect the rights of creators, such as writers, musicians, artists, and other creative professionals, over their original works. This protection ...

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

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...

How Active Trademark Use Protects Your Brand Identity

Your trademark represents the story, dream and creativity of your brand. Trademarks serve as vital assets, distinguishing one brand from another in the busy marketplace. Understanding the impor...

Passing Off in Relation to Similar Background Colour of Product Packaging

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

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

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,...

The Future of Sustainable Tourism and Intellectual Property in India

Trademarking sustainable tourism in India involves protecting intellectual property associated with sustainable tourism services, products, or initiatives. Under the Indian legal framework, tra...

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

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

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...

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...

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...

Trademark Registration in India: Procedures, Jurisdiction and Legal Framework

Trademark registration is a crucial legal process that grants exclusive rights to the owner over their distinctive marks, protecting them from unauthorized use and infringement. Governed by spe...

Bad Faith Adoption of Trademark and Its Effect

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...

The Idea-Expression Dichotomy: Balancing Imagination and Articulation

There was a huge conflict for getting copyright protection, copyright law is totally based on idea expression dichotomy, it became an integral part for determining that what can be copyrighted,...

Infringement Of Copyright And The Remedies Available Against Infringement Und...

Intellectual properties are creation of intellect that is the human mind. It protects what a human mind creates. It could be a research, logo, invention, drawing or painting, musical compulsion...

Dishonest Adoption of Trade Name and Interim Injunction

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

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...

Phonetic dissimilarity of Trademark and Denial of Injunction

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 ...

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

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"...

Protecting Religious Symbols from Commercial Exploitation: Insights from Indi...

In today's modern world, the concept of trademark registration has become an essential aspect of businesses and commercial ventures. It allows for the protection of intellectual property and th...

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

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

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

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...

Analyzing The Legal Dispute Surrounding The Music Copyrights Of Maestro Ilaya...

The ongoing legal dispute involving the music copyrights of Maestro Ilayaraja encompasses various facets of intellectual property and contract law. The case presents crucial questions regarding...

Protecting Regional Specialties: The Case of Mysore Silk under Geographical I...

Geographical Indications (GIs) form a crucial subset of Intellectual Property Rights (IPR) aimed at protecting products that originate from a specific geographical location and possess unique q...

The Role of Geographical Indications in Preserving Traditional Crafts: The Ca...

Geographical Indications (GIs) are a crucial aspect of Intellectual Property Rights (IPR) that help protect products that originate from a specific geographical location and possess qualities o...

The Importance of Geographical Indications in Protecting Intellectual Propert...

Geographical Indications (GIs) are a critical aspect of Intellectual Property Rights (IPR) that serve to protect products originating from a specific place, which possess qualities or a reputat...

Understanding Trade Secrets: Legal Perspectives and Protection under Intellec...

Trade secrets are a vital component of a business's intellectual property (IP) portfolio, providing a competitive edge through the safeguarding of proprietary knowledge and information. Unlike ...

Decoding Personhood: Evaluating The Viability Of Granting AI The Status Of Pe...

The introduction and application of AI to the contemporary world has become pervasive and entrenched in our world. AI has become exigent to an extent where it finds it application in every fiel...

Copyright Infringement and the Protection of Ideas in Intellectual Property Law

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...

Intellectual Property Rights (IPR) in India: A Comprehensive Overview

Intellectual Property Rights (IPR) refer to legal protections for creators of original works, such as inventions, literary and artistic works, and designs used in commerce. These rights encoura...

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

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 ...

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...

The Big Mac Battle: McDonald's Trademark Loss in the European Union

In 2019, the European Union Intellectual Property Office (EUIPO) made a landmark decision that sent shockwaves through the global business community. The EUIPO revoked McDonald's trademark for ...

Youth and IP: Accelerating Innovation and Creativity

In today's rapidly evolving world, innovation and creativity are the driving forces behind progress and development. As the youth of today represent the future, their role in shaping the intell...

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

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...

Jackie Personality And Publicity Rights Infringement

Delhi High Court awards Jackie Shroff legitimate security, bars organizations from using actor's name and voice without permission Factual Matrix Actor Jackie Shroff was honored with nume...

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

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...

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...

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

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

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

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...

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...

Employer-Employee Patent Ownership: A Dilemma

India has long been a popular hub for international corporations looking to conduct info technological research and development, culminating in a plethora of intellectual property (IP) advancem...

Critical Analysis of the Rogers v. Koons Case: Copyright Implications and Jud...

The Case of Rogers V. Koons:Background In photography, copyright refers to the ownership over the photograph created by the person. The moment the shutters are released, according to the law, th...

NCS Music and its Impact on Copyright

NCS refers to No Copyright Sound. Billy Woodford, an Englishman, launched the record label NoCopyrightSounds, or NCS, in 2011. Following Alan Walker's launch of "Faded," which quickly became a ...

Patent In Pharmaceutical Industry

A patent acts as a limited barrier for new ideas and inventions. Patent is a legal right that is given to the inventor by the government for a specific period of time. No one can copy, use, sel...

Intellectual Property Rights and Scope of Section 106 of The Patents Act, 1970

An intellectual[1] is a person whose works, skills, studies, etc, with regard to a variety of different ideas. Property designates those things that are commonly recognised as being the possess...

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

"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...

Echoes of Abandonment: Inside the World of Ghost Cities

In the annals of contemporary urban development, China's "ghost cities" stand as both an architectural marvel and a testament to the complexities of economic ambition. Contrary to the...

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

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

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...

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...

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

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...

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