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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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