Ajay Amitabh Suman

Ajay Amitabh Suman

Member since: January 10, 2019
Total live articles: 496

Myself Ajay Amitabh Suman, An Advocate Practicing Hon'ble High Court of Delhi, having specialization in Intellectual Property Right for more than 20 years. Besides practicing in Hon'ble High Court of Delhi, I am also a Poet, Author, Blogger, Vlogger and Writer.

Recent Articles by Ajay Amitabh Suman

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

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

No Argument Can Be Advanced Which Are Beyond The Pleadings

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

Phonetic dissimilarity of Trademark and Denial of Injunction

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

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

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

Effect of Declaration of Well Known Trademark in Old Trademark Regime

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

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

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

Structural And Phonetic Similarity Of Trademarks And Interim Injunctions

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

Mosaicing And Design Registration

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

Copyright Infringement and the Protection of Ideas in Intellectual Property Law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Significance of third party Coexistence Agreement in Trademark Injunction

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

Protection of shape of a Product as a Trademark

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

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

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

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

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

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

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

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

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

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

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

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

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

Trademark Infringement and Fraudulent Scheme in relation to Trademark INDIA GATE

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

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

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

Trade Mark Rectification and the Triple Identity Test

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

The Intersection of Trademark Rectification and Pending Litigation

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

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

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

Cancellation of Registered Design and Nature of prior publication

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

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

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

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

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

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

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

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

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

Google Search is Not Sufficient to Show Trademark Confusion

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This article analyzes a legal judgment wherein the court denied an interim injunction sought by the plaintiff to restrain the defendants from allegedly infringing on their trademarks. The decis...

What Kind Of Amendments In Claims Of Patent Are Permissible?

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This article examines the permissible scope of amendments to claims in a patent application under the Patents Act, 1970, in the context of an appeal against the rejection of amended claims by t...

Payment of Royalty to the copyright holder for Value-Added Services (VAS) in ...

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The ruling of Calcutta High Court mandates that Vodafone must obtain a license from IPRS and pay royalties before commercially exploiting musical and literary works in their Value-Added Service...

Stay of Suit proceeding under Section 124 of Trademarks Act 1999

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This article analyzes the legal issue concerning the stay of civil suit proceedings under Section 124 of the Trade Marks Act, 1999, following the abolition of the Intellectual Property Appellat...

Evaluation of Inventive steps and Obviousness in Light of Prior Art

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Here we are discussing refusal of Indian Patent Application No. 3989/DELNP/2012 concerning a probiotic formulation utilizing the Bifidobacterium longum strain NCIMB 41676 (AH1714). The Assistan...

Copyrightability of Ideas and Concept Notes

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Copyright law safeguards original expressions of ideas and concepts, but it does not confer protection on ideas or concepts themselves. This article examines a recent legal case involving the r...

Post Termination Of Franchisee Agreement, Unauthorized Trademark Use By The L...

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Trademark disputes often arise when businesses clash over the usage of similar or identical marks that could potentially confuse consumers or dilute the distinctiveness of a brand. In this anal...

Trademark Rectification of the basis of genericness of Mark

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Plaintiff's Claim: The plaintiff initiated a lawsuit claiming that the defendant infringed on their proprietary rights associated with the trademark "CONSOLETTE." Injunction Request...

Use of Old Trade Name under Section 12 of Company Act

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In a recent ruling by the Hon'ble High Court of Delhi, the interpretation of Section 12 of the Companies Act, 2013, regarding the display of old company names came under scrutiny in a case wher...

Genericness of a Trademark

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Trademark protection is fundamental to safeguarding the distinctiveness and reputation of brands in commerce. However, disputes often arise when trademarks are allegedly diluted through widespr...

Relevance of Prior Trademark Registrations in a cancellation proceeding

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In the intricate world of trademarks and intellectual property, clashes often arise when similar marks are used for related goods or services. One such dispute unfolded between "CROCKSCLUB...

Passing Off and Deceptive Similarity

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The case at hand involves a dispute between two parties, each utilizing similar trademarks in the safety shoe industry. The plaintiff asserts rights over the trademark "TIGER," while ...

Role of Trademark Registrations in Copyright Disputes

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The subject matter of this legal analysis revolves around a petition seeking rectification of copyright MYA, with the petitioner contending that Respondent No. 1 is not the original creator of ...

The Role of Goodwill in Passing Off Action

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The legal dispute between P M Diesel and Thukral Mechanical Works over the trademark "FIELDMARSHAL" highlights the complexities and nuances inherent in trademark litigation. Following...

Power of Attorney holder can depose regarding what he is having personal know...

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The case at hand revolves around a property dispute wherein the plaintiffs/appellants assert their rights over a piece of land against the defendants/respondents, the Gala�s. Central to the dis...

Interstate Transfer of Suit in Patent Infringement dispute

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The case at hand involves patent litigation between FMC and NATCO, encompassing multiple legal fora including the High Court of Delhi and the District Court in Chandigarh. Here I aim to provide...

Who is first in the world, is the Ultimate Test in Trademark Dispute

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The case under consideration revolves around the assertion of trademark rights by the Plaintiff in the Indian market, despite the absence of actual use of the mark within India. The central con...

Jurisdiction Of Court On The Basis Of Defendant's Admission

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This case delves into the intricacies of territorial jurisdiction concerning a legal case where the defendant contested the court's jurisdiction by claiming a shift in office location. Despite ...

Reliance Of Third Party Registration In A Trademark Opposition Proceeding

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Trademark opposition proceedings represent a vital stage in the trademark registration process, allowing interested parties to challenge the registration of a trademark that they believe confli...

The Scope Of Permissible Amendments At The Stage Of Judgement

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In the case at hand , an application for amendment was permitted even as the judgment was about to be pronounced, pursuant to an application under Order 12 Rule 6 of the CPC. This decision was ...

Vulnerability of Digital Documents

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Background of the Case The case at hand revolves around a dispute wherein the defendant claims prior user rights over a mark imprinted on the cover of a book allegedly published in 1995. To su...

Dishonesty in adoption of Trademark

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Section 3(d) of the Indian Patent Act 1970 prohibits the grant of patents for inventions that are mere enhancements of known substances, unless such enhancements result in a significant improve...

Enhanced solubility and Bio-availability and Section 3(d) of Patent Act 1970

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Section 3(d) of the Indian Patent Act 1970 prohibits the grant of patents for inventions that are mere enhancements of known substances, unless such enhancements result in a significant improve...

Patentability of computer-implemented inventions under Section 3(k) of the Pa...

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In the case at hand, the Appellant, Microsoft Technology Licensing, LLC, has sought appellate relief against the decision of the Assistant Controller of Patents and Designs to refuse the grant ...

Bad Faith and Trademark Rectification

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The Rectification Petition: Case at hand refers to the process of correcting or removing a registration from an official record or register. In this case, the registration for "ROSHAN"...

Failure Of The Trade Mark Registry To Consider Objections Is Fatal To Recordial

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The petitioner has challenged the decisions made by the Trade Mark Registry (Respondent No. 2) regarding two Form TM-24 applications submitted by Respondent No. 1. These applications were for u...

Non Copyright Ability Of Generic Concept Note

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The Petitioner filed cancellation petition seeking cancellation of concept note under the title Virtual Expo. The Hon'ble High Court of Delhi rectified the impugned copyright. The Rectificat...

Non-Appealability of Orders under Section 21(1) of the Patents Act 1970

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Introduction: The question arose before the Hon'ble High Court of Bombay regarding the appealability of orders made under Section 21(1) of the Patents Act 1970 in this case. This article aim...

Patent Rejection And Reversal: A Case Study Of Opposed Piston Engine With Non...

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This case pertains to invention titled "Opposed Piston Engine with Non-Collinear Axes of Translation," the rejection of the patent application and subsequent reversal on appeal unders...

Third-Party Trademark Agreements and Their Impact on Interim Injunctions

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In this case before the Hon'ble High Court of Delhi, the refusal to grant an interim injunction shed light on the significance of third-party trademark existence agreements. This article provid...

Analyzing the Validity of Patent Terms Under Indian Patent Act 1970

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The concept of patents serves as a cornerstone in the realm of intellectual property law, providing inventors with exclusive rights over their innovations for a specified period. However, the d...

The Relevance Of Squeeze

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The legal dispute outlined in the provided scenario revolves around Indian Patent No. 349522, concerning a "Tamper-Evident Closure with Tear Off Seal," filed by the Plaintiff. The Pla...

Defendant's Business Outside The Territorial Limit Of Court In A Trademark Di...

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Jurisdictional challenges often constitute a critical aspect of legal proceedings, particularly in intellectual property (IP) litigation where disputes may span multiple territories. This artic...

Legal Implications of Intra-Court Appeal in Patent Opposition Case

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The recent legal case involving an intra-court appeal over a patent opposition decision underscores the complexities within intellectual property law, particularly regarding patent examination ...

Rejection of Patent Application namely Managing Instant Messaging Sessions on...

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The patent system plays a crucial role in incentivizing innovation by granting exclusive rights to inventors for their creations. However, not all inventions meet the criteria for patentability...

Implications of Refusal of Divisional Applications on Patent Disputes

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The case of Novartis v/s. Natco regarding Indian Patent IN 276026 brings to light the complex legal dynamics surrounding divisional patent applications and their impact on patent disputes. At t...

Examination of Acquiescence and Delay in Trademark Infringement Cases

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Using a recent appellate case as a primary example, this article explores the legal principles surrounding these issues and their application in real-world scenarios. Through a comprehensive an...

Challenging The Authenticity Of Invoices At Interim Stage In A Trademark Dispute

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The case at hand involves a dispute over trademarks relating to the sale of asafoetida. The plaintiff alleges infringement and passing off of their registered trademark "HOTEL SPECIAL"...

A Case Study of ARTIZE and TIAARA v/s ARTISTRY and TIARA

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In this case study, we delve into the legal issues surrounding the dispute between the plaintiff, claiming prior adoption and use of the marks ARTIZE and TIAARA, and the defendant, accused of i...

Former Bottler Of Plaintiff, Not Allowed To Plead Trademark To Be Generic

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The case of WESTERN CHOICE vs. OFFICER'S CHOICE revolves around a dispute over trademark infringement and passing off. The Plaintiff, a well-established brand with multiple registered trademark...

Trademark Use and Infringement: Licensee Use and Consumer Perception

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In a recent case before the Hon'ble High Court Delhi, the issue of trademark infringement arose concerning the use of marks similar to the plaintiff's registered DEER Brand device. This article...

Unveiling Bad Faith in Trademark Adoption

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The concept of bad faith in the adoption of trademarks is a critical facet of intellectual property law, aimed at safeguarding the rights of trademark owners and preventing unfair competition. ...

Interactive Websites and Trademark Jurisdiction

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The intersection of e-commerce platforms and trademark jurisdiction presents complex legal challenges, as demonstrated in the case under consideration. This article critically examines the impl...

The Interplay Between Trademarks and Trade Names

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The relationship between trademarks and trade names, or corporate names, often raises intricate legal questions concerning the rights and limitations of parties involved. This article delves in...

Section 29 (4) Trademarks Act 1999 And Prima-Facie Satisfaction Of Goodwill

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In the dispute between V GUARD and CROMPTON over the marks "PEBBLE" and "CROMPTON PEBBLE," Section 29(4) of the Trademarks Act, 1999, plays a pivotal role. This article prov...

Sales Tax Assessment and Trademark Use

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The intersection of trademark law and commercial activities is often a complex terrain, especially when it comes to proving the use of a trademark in commerce. The case at hand, involving the P...

Wrong Mentioning of Section in Trademark Complaint

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The case under discussion involves a petition seeking the quashing of an FIR due to the wrong mentioning of a section of the law by the recording officer at the police station. The petitioner a...

Relevance of Expert Affidavit in Patent Infringement Cases

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In patent infringement suits, the reliance on expert testimony plays a pivotal role in establishing the validity of claims and determining the likelihood of success. However, the issue of wheth...

The Ramifications of Copying whole of the Plaintiff's Trademarks

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This article delves into a recent legal case concerning alleged passing off, wherein the defendant copied the entirety of the plaintiff's trademark for medicinal eye drops. The case raises impo...

Implications of Disclaimer Conditions attached to multiple Trademark Registra...

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Trademark infringement is a serious offense in intellectual property law, often leading to legal battles between parties. This article delves into a recent case involving the alleged infringeme...

Trademark Infringement And Dishonest Conduct In Adoption Of Trademark

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Trademark infringement is a serious offense in intellectual property law, often leading to legal battles between parties. This article delves into a recent case involving the alleged infringeme...

Trademark Registration Versus Actual Use

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Trademark registration is often seen as a significant milestone for businesses seeking to protect their brand identity. However, a recent appellate decision highlights the crucial distinction b...

Admissibility of Amendments in National Phase Patent Applications

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The recent appellate decision in the matter of patent application no. 3877/DELNP/2009 highlights the procedural intricacies surrounding the admissibility of amendments in national phase patent ...

Granules in Patent Applications: A Key to Patentability

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The recent appellate decision in the case of Patent Application No. 650/CHENP/2009 sheds light on the significance of granules in patent applications, particularly in the context of inventions ...

Meeting the Objection under Section 3(c) of the Patent Act, 1970: Antibody Ca...

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A legal case concerning the rejection of a patent application under Section 3(c) of the Patent Act, 1970 has been discussed herein. The case revolves around Indian Patent Application No.5542/CH...

The Test of Obviousness in Patent Applications: The Road Anomaly Detection Te...

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Abstract: This article discusses the legal and technical aspects surrounding the test of obviousness in patent applications, using a recent case study concerning a patent application for a m...

Jurisdictional Constraints in entertaining part of Composite Suit

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The recent decision of the Hon'ble High Court of Gujarat at Ahmedabad has shed light on the intricate legal issue surrounding the jurisdiction of courts in composite suits. In Trade Mark Suit N...

Judicial Review of Ex-Parte ad interim Injunction Order

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Abstract: This article delves into the legal intricacies surrounding the appeal against an ex-parte injunction order, with a specific focus on a case where the Appellant challenges the x-Par...

The Applicability of Trademarks Rules 2017 to Pending Proceedings under Trade...

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The legal landscape governing trademarks in India underwent a significant change with the enactment of the Trademarks Rules 2017. However, questions have arisen regarding the retrospective appl...

No Exclusivity Over Descriptive And Common Elements Of Trademark

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In the case at hand, the appellant challenges an order restraining them from adopting the trademark 'DD Free Dish' pending disposal of the suit. The principal question revolves around the simil...

Pith and Marrow Doctrine in Patent Infringement Cases

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In patent infringement cases, the determination of whether an accused product infringes upon a patented invention often involves complex legal and technical analysis. The principle of the 'all ...

Binding Nature Of Undertakings In Trademark Disputes

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Trademark disputes often hinge on the recognition and protection of proprietary rights. In the case at hand, the dispute revolves around the usage of trademarks 'POWER' and 'TOWER' in relation ...

No Trademark Right Over An Expression Used Purely In A Descriptive Sense

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The intersection of trademark law and purely descriptive terms often presents complex legal challenges, as demonstrated in the case of "JU NASHAK" a term used to describe an anti-lice product. ...

Section 124 of the Trademarks Act 1999 and third Party Rectification

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The interpretation and application of Section 124 of the Trademarks Act 1999, particularly concerning the reliance on third-party rectification petitions in suit proceedings, have been a subjec...

Failure to Conduct Trademark Search prior to adoption of Trademark

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The case of failure to conduct a trademark search prior to adopting a trademark highlights the importance of due diligence in trademark registration and use. This article analyzes the legal imp...

Relief Under Section 24(5) Of The Protection Of Plant Varieties And Farmers R...

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Section 24(5) of the Protection of Plant Varieties and Farmers' Rights Act 2001 pertains to the granting of relief during the pendency of an application for registration of plant varieties. A r...

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Popular Articles by Ajay Amitabh Suman

Guidelines For Implementation of Section...

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Section 209 of IPC has remained unchartered territory in matters pertaining to Intellec...

Additional Documents At The Trial Stage

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This case relates to intellectual property right, more especially trademark right. The judgm...

Producing Additional Document At The Sta...

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The Criminal Method Code of 1973 is the main code governing the procedure followed by Indian co...

Filing of additional Documents in Commer...

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Prior to enactment of Commercial Court Act 2015, normally Plaintiff or Defendant could file the...

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