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.
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 ...
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...
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 ...
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...
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...
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...
In the domain of intellectual property law, trademark disputes often revolve around the use of similar marks for competing products, which can lead to consumer confusion and misrepresentation. ...
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...
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...
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 ...
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 ...
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...
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 ...
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...
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...
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...
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 ...
Background of the Case: The case before the High Court of Delhi revolved around an appeal filed by Container Corporation of India Limited (the "Appellant") against an order dated November 16, ...
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...
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...
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 ...
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...
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...
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...
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...
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...
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 ...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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 case of Lacoste Vs Crocodile International brings to the forefront the nuanced differences between standalone device registration and composite device registration, highlighting the critica...
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...
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...
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 ...
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 ...
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...
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...
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...
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...
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...
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...
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 ...
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...
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...
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 ...
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...
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...
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...
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...
On August 3, 2021, the High Court of Delhi pronounced a significant judgment on five petitions filed by M/s. BDR Developers Pvt Ltd. against Narsingh Shah and Shikha Shah. The petitions contest...
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...
Background of the Case: In the case of M/s. BDR Developers Pvt Ltd. versus the respondents/defendants, the petitioner, M/s. BDR Developers Pvt Ltd., claimed to be the landlord of several premi...
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...
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...
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...
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,...
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...
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...
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...
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...
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 appeal under consideration challenges an order issued by a single judge of the Madhya Pradesh High Court in the context of contempt proceedings. The case originated from a writ petition (W....
The 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...
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...
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 ...
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...
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...
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...
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...
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...
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 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...
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, mandates pre-institution mediation for commercial disputes, barring exceptions for urgent interim relief. This provision aims to expedite resolu...
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...
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 legal framework surrounding the enforcement of court orders and decrees is critical to ensuring the authority of the judiciary and the respect for its judgments. This article analyzes the m...
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 ...
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...
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...
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...
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...
Section 209 of IPC has remained unchartered territory in matters pertaining to Intellec...
The appeal under consideration challenges an order issued by a single judge of the Madhya Prade...
This case relates to intellectual property right, more especially trademark right. The judgm...
The Criminal Method Code of 1973 is the main code governing the procedure followed by Indian co...