Section 124 of the Trade Marks Act 1999 deals with the grounds for rectification/cancellation of a registered trademark. One of the grounds for rectification/cancellation is that the registrati...

The subject matter Suit: The Plaintiff filed the subject matter Suit seeking the relief of inter alia infringement of their registered trademarks, passing off in which ex parte injunction was ...

"If they claim themselves to be professionals, it is their responsibility too, not to look like professionals and not like business men." The COVID-19 pandemic has brought about unpr...

Descriptive and Generic Trademark are considered to be poor Trademark. Though descriptive Trademark can be granted protection provided the party concern establishes the secondary significance. ...

These questions often arises, whether during the course of cross examination, the witness can be confronted with the photocopies of the documents or not? What happens, in case the witness denie...

The Parties: Petitioner namely Macleods Pharma was the registered Proprietor of Trademark OFLOMAC under No.838726 in class 05. Respondent No.4 namely Sun Pharma is the party who has filed rec...

The paradoxical nature of justice is that while it aims to be fair and just, it is often influenced by social, political, and economic factors. The system can be biased against certain individu...

The Appeal: The Subject Matter Appeal has been filed against order dated 29.12.2021 passed by the Controller of Patents and Designs, Patent , refusing the Patent Application of the Appellant. ...

The Suit: The Subject Matter Suit pertains to Infringement of Registered Design under No. 322384-002 dated 09.10.2019 in relation to Coolers. Plaintiff's Products: The Plaintiff has been sel...

The Parties The Appellant is the applicant of the subject matter Trademark, while the Respondent is the controller of the Patent who has passed the impugned Judgment. The Judgement Assailed ...

The Parties in the Appeal: The Appellant is the Applicant for the Patent while the Respondent is the Controller of the Patent which has passed the impugned Judgment. The Judgment Impugned: ...

The Brief Fact Leading to Filing of Appeal: Appellant is the Plaintiff and Respondent is the Defendant in the subject matter Suit bearing CS(COMM.) 329/2021.   The subject matter Suit ...

Brief Note on Issue of the case Maintainability of Appeal under Order 43 Rule 1 CPC against rejection application under O 7 R 11 CPC. Case Title: Bhushan Oil and Fats Pvt. Ltd. Vs Mother ...

The Important Finding of the case: In India, adversarial system of judicial system is adopted and not inquisitorial. The Court can not decide the case of party, which were not raised by th...

Case Title: Ultra Tech Cement Limited and another v/s Ultra Plus Cement Pvt. Ltd. and Ors Judgment date: 04.11.2022 Suit No. CS Comm No. 755 of 2022 Name of Court: High Court of Del...

The adversarial system used by the Indian judiciary is the same one that is used in practically all nations with common law. This adversarial system's need that natural justice principles be up...

In India, the Trademarks deputes were earlier governed under the provisions of Trade and Merchandise Marks Act 1958. At the relevant point of time, provisions of Trade and Merchandise Act 1958 ...

In the year 1947, when our country became independent it adopted secular ideas in so far as religion is concerned. It is a fact that every citizen in India is free to choose and practice his ow...

Lots of people are raising their fingers in response to the Supreme Court's decision to destroy the Twin Towers. Speculation exists as to whether the Twin Towers' destruction would improve the ...

First, let us clarify what Passover and adjournment are all about. In reality, when an advocate has numerous cases in one day, he cannot attend to all of them at the same time. Naturally, in th...

In matters pertaining to Intellectual Property Rights, the orders passed by the Court on interim injunction application under 39 Rule 1 and 2 CPC plays crucial role in declining the right of th...

Its is well known fact that right in a Trademark can be acquired either by way of registration or by way of user. For obtaining Trademark registration, detail procedure has been prescribed in T...

In a case for infringement of registered Trademark, the Trademark registration is prima facie evidence of validity. It has also been laid down by various courts that in a case for infringement ...

If a registered trademark of a party is cancelled by the Intellectual Property Appellate Board [IPAB], does it mean that an action of passing off has to be allowed against that party? Or in oth...

The Subject matter Suit pertains to infringement of Plaintiff's patent under Indian Patent No. 298645 (IN 645). The subject matter Suit relates to claim construction of a process patent and app...

Under the provisions of copyright Act 1957, criminal complaint can be filed in order to initiate criminal proceeding. The provision of Section 63 of the Copyright Act 1957 provides for the offe...

What are the circumstances where a defendant could be allowed to use the principle of mosaicing to defeat a patent? Or in other words, how the Hon'ble Court would evaluate which of the prior ar...

In a recent Judgement pronounced by Hon'ble Single Judge, of Delhi in Amrish Aggarwal Vs Venus Home Appliances Pvt. Ltd.: 2019 SCC OnLine Del 9966, general direction has been issued by the Hon'...

In disputes pertaining to intellectual property right, orders of interim injunction plays Vitol role in deciding the fate of litigation. Normally in IPR dispute, it is very common to ask for re...

There are many grounds on the basis of which a patent can be attacked. like novelty, inventive step, insufficient disclosure in the patent etc. In order to defeat a patent on the ground of nove...

Section 12-A of the Commercial Court Act 2015 provides for pre-institution mediation proceedings. This provision was inserted in the Commercial Court Act 2015 with a view to putting more emphas...

What could be the fate of those trademarks which are comprised of ordinary words? In other words , can a trademark, which is the result of combining ordinary dictionary words, be appropriated e...

What is significance of enhanced efficacy in relation to devisional Patent Application? Or Put in another way, can Test of enhanced therapeutic efficacy be applied to evaluate patentabil...

In Pharmaceutical Industry it is a normal tendency amongst the manufacturers to keep the name of a product based on the active compound of the medicine. One issue is there, whether a party can...

In case a party itself has applied for obtaining Trade mark registration, can he take plea of the Trademark being common to Trade? Or in other words, whether defence of Publici Juris is availa...

Many times, a party gives a statement in court. What is the sanctity of such a statement given by a party in a court proceeding? Can a party be allowed to act in contravention of a stateme...

Amazon, Flikarts, Indiamart etc are the new age e-marketing platforms which provide lots of easy options for the sellers to sell their products. These e-marketing platforms are also getting p...

When ever any Trademark application is filed by a party, it has to furnish the user detail of the subject matter Trade mark applied for? Question is this whether a Party be allowed to claim...

What could be effect of Section 17 of Trademark Act 1999 in relation to Suit pertaining to infringement of Trademark, if the registered Trademark is a composite Trademark, comprised of various ...

The Criterion for evaluating the Design Infringement , the comparison through eye has to be done. This settled law has again been reiterated by Hon'ble Division Bench High Court of Delhi vide i...

Mosaicing has been used to test whether a Patent is valid or not? A Patent can be held to be invalid on the ground of lacking inventive step or lacking novelty on the ground of mosaicing of var...

With advent of new technology, life becomes easy But nothing comes without a cost. New technology brings in new challenges too. E marketing is no more exception. Amazon, Flipkart etc are resul...

There has been lots of doubts in the air recently these days regarding interpretation of various provisions of the commercial court act. In the past, the Hon'ble Court have been clearing the fo...

What would be fate of criminal complaint filed by a complainant before the Police authority under the provisions of Trademarks Act 1999, in case prior to filing of said complaint , no opinion o...

What is scope of divisional application in a Patent? What are the criterion for evaluating, where an applicant for Patent can be said to be entitled to a divisional application?  What are ...

Court orders got some meaning, when the court passing such orders, has means to get it executed in case of violation. If the court is not equipped with authority to punish the violators, then c...

The Shape of a product has been included as Design under the Design Act 2000 and also under the Provisions of Trademarks Act 1999. It means shape of a product can serve the function of design a...

By passage of time every thing changes, ways of communication and knowledge sharing mode too. Present days are days of Technology, days of internet. Advent of internet has introduced many thi...

In a Patent pre grant Opposition proceeding, the Opponent must be aware of the final claims of the Patent, which the same is going to meet at the time of hearing Can an Opponent be kept in d...

Is it possible for third party to use registered Trademark of other party in smaller font in conjunction with other words? One of such fact was there before the Hon'ble Division Bench, High Cou...

This is a case where the Hon'ble High Court of Delhi has directed the DNRs to devise a mechanism in order to enable the rights holder of a trademark to fight with rogue websites. Now questio...

Its a case where the Hon'ble High Court of Mumbai was pleased to grant an ex parte order of injunction in favour of the plaintiff after observing that adoption of the defendant was dishonest. ...

The Plaintiff has filed the subject matter Suit on the basis of proprietary rights in the trademark NOTURN in relation to mattress. The Plaintiff alleged to be registered proprietor of the mar...

The Defendant has filed application under Section 124 of the Trademarks Act 1999,seeking stay of the suit proceeding pending cancellation petition filed by them against registered Trademarks of...

The Plaintiff filed the subject matter Suit on the basis of proprietary rights in the Trademark/Colour Combination/Trade Dress Dexorange in relation to medicinal and pharmaceuticals products fa...

Several decades ago, there were many advertisements that were extremely popular among the public. I remember an advertisement that said, Jab Mai Chhota Bachcha Tha, Badi Shararat Karta Tha, Mer...

Can a product by process patent be converted into a process patent solely by amending the claims Is this a valid way to change claims? According to Section 59 of the Patent Act of 1970, are suc...

Pre grant and post grant opposition proceedings, if any, may precede the grant of a patent. However, the Patent Application must be filed first in order to be granted. According to the Paten...

What happens if a trademark is not utilized in connection with a tangible good? E-commerce transactions emerged with the introduction of the internet. Various meta links with allusions to trade...

When a matter is yet to be finally adjudication, it is appropriate to pass any order in a collateral proceeding like any contempt proceeding emantaring out of that? It is appropriate to enterta...

Hon'ble Supreme Court of India has emphasized liberal interpretations of procedural rules time and time again. Hon'ble Justice Kishna Iyer of the Supreme Court of India noted in the judgment Su...

Brief Facts: The plaintiff namely Havells India Limited, filed a suit seeking, among other things, a permanent injunction based on their registered designs Nos. 280666 and 328605. The Plai...

Brief Fact: The Plaintiff namely Vikas Jain filed Suit seeking the relief of inter-alia permanent injunction on the basis of their registered Design under No.194631 dated 23.02.2004. The Pla...

Issues Discussed: The Role of Delay and availability of alternative remedy in deciding the Writ Petition. Case Title: Sudhir Bhatia Trading As V. Bhatia International Vs Central Govern...

The Trademark Opposition proceeding are in fact mother for all Trademark Infringement litigation. Whosoever is desirous of getting statutory right in Trademark, obviously has to undergo the rig...

What are the circumstances where additional documents can be taken on record even at the Appellate stage? This is always important aspect of procedural law. The another important aspect in Trad...

When Defendant participates in a Suit proceeding, it is easy for the Plaintiff to fix accountability on the Defendant regarding relief of Damages. But where Defendant is ex-parte , it becomes a...

Recently in a Judgement pronounced by Hon'ble High Court of Delhi, Division Bench on 04.05.2022 in Appeal bearing FAO(OS) (COMM) 106/2022 titled as Vidhi Electrical & Eng Co Vs C & S El...

In some cases , defendant starts using the Transliterated version of Plaintiff's Trademark in another language. In such a situation, does plaintiff have right to restrain the defendant. Wha...

There has been practice in Trial Courts, not to record the actual names of Junior Counsels who are appearing in the matter.instead of using the name of counsels, the Trial Courts while adjudica...

A case come up before the Hon'ble High Court of Delhi in which the Plaintiff was asking for ex parte injunction and appointment of Local Commissioner ex parte. In view of above the Plaintiff wa...

Appeal is a statutory right. It is in fact creation of statute. Right of Appeal can be exercised only in accordance with the provision provided under the Act. It means if no provision of Appeal...

Shemaroo Entertainment Ltd. Vs News Nation Network Pvt. Ltd., a recent judgement issued by the Hon'ble High Court of Mumbai, dealt with the Defendant's "De minimis" defense. The te...

Trademark rights are commercial rights that can be used to sue others. While public interest is the right of the general public. It is up to the legislature and the courts to figure out how to s...

The Criminal Method Code of 1973 is the main code governing the procedure followed by Indian courts when dealing with criminal proceedings, i.e., matters involving state offences. The Civil Pro...

India is declared to be secular country. Every body is independent to practice his or his religious faith or belief in Indian Republic. This was the basic difference between India and Pakistan,...

The subject matter Suit was filed by the Plaintiff on the basis of proprietary right in the trademark Columbia since the year 1938. The plaintiff has claimed to have used the said trademark wor...

In cases for the infringement of Trade Mark and in cases of passing off, user of trademark plays very important role in establishing proprietary right over the trademark. Section 31 of the h...

In matters pertaining to intellectual property right, this had been routine practice to summon the officials of Trade Marks Registry in order to prove the registered trademarks or pending trade...

What kind of democratic set up is prevailing in our country? Leaders and political parties comes in power by making unrealistic promises. Once they come in power, they forget every this. The pe...

The kind of unfettered display of Nudity, Violence and Foul Language through OTT platform is accessible to a teenager now a days, was not available just few years ago. What kind of future we a...

Normally a descriptive term is considered as a weak trade mark. More so if a term is used as a descriptor along with trademark/house mark/Umbrella trademark to describe the product of a party, ...

When ever a right holder files a suit for infringement of Trademark, the same does in a hasty manner. It is normal practice to file application under Order 39 Rule 1 and 2 CPC along with the Pl...

Section 124 of Trademarks Act 1999 is a unique provision which provides for stay of suit involving trademarks infringement, in certain situation. This provision pertain to Suit pertaining to Tr...

Right to information has proven to be strong weapon in the hand of common man. Earlier there was no any means for citizen to unfold the irregularities and corrupt practices prevailing in Govern...

Whenever we talk of the judiciary, the idea of justice flickers across our mind. The common man perceives the court as a mechanism to deliver justice to the person aggrieved. It is true that wh...

When it can be said that a female or male is capable enough to give valid consent in the eye of law for entering into consensual sex? This topic has become a hot topic again in India in view of...

It is normal practice in matters to Intellectual Property Law (i.e. matters pertaining to violation of Trademark, copyright, design, Patent , Geographical Information etc), when ever a right ho...

Design Act 2000 of India governs the Law pertaining to infringement of Design. When ever a party obtains a registration under the Design Act 2000, the obtains right to sue the infringers agains...

Personality Right has been hot cake these days. Recently various Judgments, where famous celebrity's right has been recognized. It is known as personality Right. Its means no one can copy the f...

What are the necessary ingredients for shape of a good to qualify as trademark. The very genesis of trademark based on concept of association of particular name with a particular ...

Prior to enactment of Commercial Court Act 2015, normally Plaintiff or Defendant could file the additional documents prior to framing of issues without taking any leave from the court. Law was ...

It has been said the we are having ancient law with medieval law enforcement agencies to tackle modern offences. Can we succeed in handling the modern cyber crimes, that is the question? This o...

Before a Court passes a Judgment , during hearing , many things happens. Heated argument between the lawyers, remarks by Hon’ble Judges, whether soft or harsh, are part and parcel of court hea...

Internet has become an inseparable part of our life. Just imagine , if on a particular day , internet connectivity is lost, then how our life is going to be miserable. Gone are the day when one...

In order to curb evil effect of Corona Pandemic , States are declaring state wise lock down one by one. In the last week of April 2021, firstly weakened curfew was imposed. Then weakened lock d...

Whatapp has proved its relevance in decimation of information very fast. One of unique feature of this application is that it also provides the users a right to create a group. In that group an...

The whole world is facing a lot of problem during Corona Epidemic. Physical business dealing has been remarkably been paralysed because of this epidemic. But result is rapid increase in digital...

In a recent decision, the Hon’ble High Court of Delhi has imposed the penalty of Rs. One Lac on the contemnor in a contempt petition. The Petitioner namely M/s Kamdhenu Ltd. has ...

What Does Mean By Copyright: The copy right means the right provided to the authors/originators/creators of different kinds of works, as enumerated in the Copyright Act. The right of authors/o...