Latest from Intellectual Property Law

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

Titile

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

Courts Will Intervene When Patent Rejections Lack Reasoning

Titile

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

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

Titile

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

Pending Trademark Applications Confer No Rights

Titile

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

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

Titile

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

Plaintiffs must provide positive evidence to prove that a defendant’s produ...

Titile

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

The Likelihood Of Confusion Is Assessed Based On The Marks’ Look, Sound, Go...

Titile

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

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

Titile

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

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

Titile

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

Importation of Patented product constitutes “working” a patent in India i...

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Mere Accessibility Of A Defendant’s Website In The Forum State Does Not Con...

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Common Elements Alone Do Not Suffice Unless They Dominate The Mark’s Identi...

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Limits of Descriptive Trademarks: No Absolute Monopoly Despite Secondary Meaning

Titile

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

Acquiescence Requires Positive Acts, Not Mere Delay

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Descriptive Marks Require Robust Evidence Of Secondary Meaning For Exclusivity

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Obscenity, Free Speech and Trademark Law

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Use Of The Trademark For Export Amounted To Use In India

Titile

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

Trademark Assignment, A Complete Guide to Ownership Transfer

Titile

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

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

Titile

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

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

Titile

The case of Amba Shakti Steels Ltd. v. Sequence Ferro Private Limited revolves around a trademark dispute concerning the similarity between the trademarks “AMBA” and “AMMAJI.” The appel...

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

Titile

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

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

Titile

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

Honest And Concurrent Use Is Not A Defense Against Trademark Infringement

Titile

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

Technical Drawings Could Qualify For Copyright Protection

Titile

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

Personal Surnames Cannot Be Used As A Justification For Misleading Branding

Titile

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

Phonetic similarity alone could be sufficient to establish deceptive similarity

Titile

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

Even Partial Similarities In Trademarks Could Lead To Consumer Confusion

Titile

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

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

Titile

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

Effect of Dynamic Effect: Part-3 : Trademark Cancellation

Titile

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

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

Titile

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

Dominant feature of Registered Trademark and Trademark infringement

Titile

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

Foreign Patent Grants Or Rejections Have Only A Persuasive Value

Titile

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

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

Titile

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

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

Titile

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

Trademark Infringement and anti dissection Rule

Titile

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

Licensee Patent Estoppel Challenges in Indian Patent Law

Titile

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

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

Titile

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

Patent Infringement in Quia Timet Action

Titile

This article examines a recent case wherein the plaintiff sought an ex parte injunction in a quia timet action for patent infringement concerning the pharmaceutical compound 'Ruxolitinib.' The ...

A Patentee Can Sue Another Patentee For Patent Infringement

Titile

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

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

Titile

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

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

Titile

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

Trademark Infringement And Google Ad Keywords

Titile

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

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

Titile

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

Effect Of Dynamic Effect Part 1 Design Cancellation

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Forum Shopping May Bar Injunction if Relief Was Denied Elsewhere

Titile

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

Family Agreements Bind Heirs If They Accept Benefits Under Them

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Intellectual Property Rights And Importance In E-Commerce Sector

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Cause of Action for Trademark Appeal Lies in High Court of Registrar’s Deci...

Titile

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

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

Titile

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

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

Titile

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

Renewal of Trademarks Beyond the Statutory Period:

Titile

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

Who Owns The IP? AI Generated Works Or Contractual Agreements

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Condonation Application Within Limitation Still Requires Sufficient Cause

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Penalties For Trademark Infringement In India: A Complete Overview

Titile

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

Trademark Infringement And Honesty In Adoption

Titile

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

Anti Dissection Rule and Trade Mark Infringement

Titile

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

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

Titile

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

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

Titile

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

Permitted Use By A Registered User And Trademark Trafficking

Titile

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

The Test Of An Average Man With Imperfect Recollection

Titile

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

Pianotist Case:Test of deceptive Similarity and consumer intelligence

Titile

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

Trade Connection and Trademark Confusion

Titile

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

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

Titile

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

Patent Expiration Does Not Eliminate A Company’s Right To Challenge Biosimi...

Titile

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

Principle of Res Judicata and Interlocutory Orders

Titile

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

Big Fish Can Not Be Permitted To Swallow Small Fish

Titile

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

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

Titile

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

Scope and Protection of Standard Essential Patent

Titile

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

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

Titile

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

Doctrine of Equivalence and Prosecution Histroy Estoppel

Titile

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

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

Titile

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

Doctrine of Equivalents in Patent Infringement

Titile

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

Prior Trademark user prevail over later Trademark registration

Titile

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

Issue Of Invalidity Can Be Framed Post Filing Of Rectification Petition

Titile

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

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

Titile

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

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

Titile

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

Due Diligence Requirements for E-marketing Websites

Titile

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

Bad Faith Adoption And Interim Injunction

Titile

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

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

Titile

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

Role Of Delay In Grant Of Ex Parte Ad Interim Injunction

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Intellectual Property Rights: A Comprehensive Guide

Titile

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

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

Titile

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

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

Titile

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

Non Filing of Admission Denial Affidavit and its consequences

Titile

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

Admissibility of Publically available additional Documents

Titile

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

Bad Faith Adoption and Trademark Rectification

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Naked Licensing of Trademark and its Effect

Titile

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

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

Titile

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

The 2012 Copyright Act amendment does not apply retrospectively

Titile

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

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

Titile

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

Doctrine of Election and Jurisdiction of Court

Titile

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

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

Titile

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

Amendment of Plaint: Passing off to Infringement Action

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

The Impact Of Artificial Intelligence Of Intellectual Property Law

Titile

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

The Patent Register in India

Titile

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

Reviving Expired Patents In India

Titile

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

Interface Of Intellectual Property Rights In Fictional Characters

Titile

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

Amendment of Patent Applications and Specifications in India

Titile

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

Patents of Addition in Intellectual Property Law

Titile

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

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

Titile

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

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

Titile

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

International Copyright Under The Copyright Act,1957

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Role of Goodwill in Trademark Infringement and Passing off Action

Titile

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

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

Titile

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

Copyright Infringement in relation to Literary Work in Question Paper

Titile

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

Patent Infringement and Trivial Variation in Defendant Composition

Titile

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

Patent Infringement And Suppression Of Fact By Plaintiff

Titile

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

The Importance Of Confidentiality In Inventions

Titile

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

Copyright And Free Speech Overlap

Titile

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

Jurisdiction of Customs Authority in Patent Disputes

Titile

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

Domain Names as Trade Identifiers

Titile

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

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

Titile

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

Section 3 d of Patent Act 1970 and Evergreening of Patent

Titile

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

Corporate Name and Trade Mark Infringement

Titile

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

Price Differences Are Irrelevant In Cases Of Trademark Infringement

Titile

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

Trademark Registration is no defense in Passing off Action

Titile

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

Trademarks Right, Right in Rem and its Arbitrability

Titile

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

Use Of Trademarks As Keywords In Google’s Adwords Program And Trademark Inf...

Titile

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

Expanding Reach Of Educational Institutions And Geographical Distance

Titile

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

The Transformation of Intellectual Property Rights in the Digital Era

Titile

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

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

Titile

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

Trademark of Ex Distributor, Rectified, being dishonesty in adoption

Titile

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

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

Titile

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

Additional Written Statement under Order VIII Rule 9 CPC

Titile

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

Effect Of Well Known Trademark Declaration In Trademark Cancellation Proceeding

Titile

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

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

Titile

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

Use of Common Word as a Trademark and Acquired Distinctiveness

Titile

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

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

Titile

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

The Date of Grant of Patent

Titile

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

Parallel imports of genuine goods and International Exhaustion

Titile

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

Dishonesty in initial adoption of Trademark can not be cured

Titile

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

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

Titile

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

Delay Versus Dishonest Adoption In Passing Off Action

Titile

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

Hush Product And Possibility Of Trademark Confusion

Titile

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

Confidentiality Club and Confidential Information

Titile

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

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

Titile

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

Least Possibility Of Confusion In Relation To High-Value Products

Titile

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

The Cornerstones of Innovation: Exploring Intellectual Property Rights in India

Titile

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

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

Titile

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

Availability Of Simultaneous Remedy Of Counter Claim And Patent Revocation

Titile

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

Why Trademarks Are Essential for Your Business in 2025?

Titile

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

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

Titile

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

Essential Feature of Patent and its role in Patent Infringement

Titile

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

Right And Scope Of Product-By-Process Patent

Titile

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

Role Of Pre-Grant Opponents In Patent Amendment

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Geographical Indications and The Kashmiri Pashmina

Titile

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

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

Titile

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

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

Titile

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

Understanding Copyright Law in India: From Registration to Infringement

Titile

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

Understanding Copyright: A Comprehensive Overview of Indian Copyright Law

Titile

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

Global Frameworks Governing Intellectual Property Rights

Titile

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

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

Titile

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

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

Titile

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

Is Compulsory Licensing An Adequate Solution For IP

Titile

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

Intellectual Property Rights In A Borderless Digital World

Titile

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

Artificial Intelligence Technology: Beneficial or Dangerous?

Titile

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

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

Titile

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

Intellectual Property Rights in the Digital Age

Titile

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

Intellectual Property Rights in Modern Era

Titile

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

Copyright Infringement and its Remedies In India

Titile

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

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

Titile

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

Common Mistakes to Avoid When Selecting from the Trademark Class List

Titile

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

Different Aspects of Intellectual Property Related Issues

Titile

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

Impact of Piracy on Live Sports Broadcasting

Titile

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

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

Titile

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

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

Titile

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

The Art of IP: Protecting Street Art in India

Titile

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

Understanding IP rights in food startups

Titile

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

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

Titile

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

Audio Trademarks: How To Register A Soundmark

Titile

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

Trademark Rectification and Passing Off

Titile

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

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

Titile

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

Post Assignment of Trademark a Party Cannot Use a Similar Trademark

Titile

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

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

Titile

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

Inefficacy Of The Copyright Act Of 1957 In Contemporary India

Titile

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

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

Titile

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

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

Titile

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

Dynamic Legal Remedies In Evolving Digital Landscape

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Passing Off Protects The Goodwill Of A Business From Misrepresentation

Titile

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

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

Titile

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

Disparagement And Limitation For Social Media Influencer

Titile

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

Trademarks RACIRAFT and RANRAFT Held to Be Deceptively Similar

Titile

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

GHADI and TIME Held to Be Deceptively Similar Trademark

Titile

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

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

Titile

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

Negligence of the Patent Agent Vs. Responsibility of the Applicant

Titile

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

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

Titile

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

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

Titile

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

Patent trolls and their impact on innovation

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Trademark Infringement and Passing Off in Ayurvedic Packaging

Titile

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

Single Trial for Affiliate Companies

Titile

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

Trademark Rectification and Stay of Proceedings

Titile

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

Interconnection Between IPR And Brand Building And Management

Titile

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

Trademark Infringement against prior user

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Case Analysis: Google LLC v/s Controller of Patents

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Fair Use Or Foul Play: Balancing Copyright And AI Engine

Titile

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

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

Titile

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

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

Titile

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

Understanding the Concept of Trademark Infringement in India

Titile

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

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

Titile

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

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

Titile

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

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

Titile

This case revolves around the critical issue of trademark infringement following the termination of a trademark license agreement. The dispute underscores the legal implications of unauthorized...

Geographical Indications: Protecting Unique Regional Heritage

Titile

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

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

Titile

The Supreme Court of India's judgment in Kabushiki Kaisha Toshiba vs. Tosiba Appliances Co. & Ors, delivered on May 16, 2008, is a pivotal case that clarifies the implications of non-use of...

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

Titile

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

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

Titile

The case of Jagatjit Industries Limited v. The Intellectual Property Appellate Board & Ors., decided on January 20, 2016, by the Supreme Court of India, provides significant insights into t...

Injunction Granted for Similar Colour Combination Despite Different Trademarks

Titile

In the complex world of trademark law, the protection of a brand's identity extends beyond just its name or logo. The visual appearance, including color schemes and packaging, plays a critical ...

Suit for Infringement is Maintainable Against Another Registered Proprietor

Titile

A critical question in such cases is whether a suit for trademark infringement can be maintained against a defendant who also holds a registered trademark. This article explores this issue thro...

Accessibly of tweets and Trademark Jurisdiction

Titile

In today's digital age, where social media platforms like Twitter serve as powerful tools for communication and expression, the legal implications of online content, particularly concerning tra...

Order 39 Rule 3 CPC: Requirement of assigning reasons while granting ex parte...

Titile

Injunctions, particularly ex parte ad interim injunctions, are powerful judicial tools used to preserve the status quo pending the resolution of a dispute. However, the grant of such injunction...

Quashing of Circular Restricting Copyright Owners' Rights

Titile

This article provides a comprehensive analysis of the legal issues surrounding the quashing of a circular that restricted copyright owners' rights, offering valuable insights into the interpret...

Use of copyrighted Character in a video game and Copyright Infringement

Titile

The intersection of copyright law and the gaming industry has become increasingly complex as video games evolve to incorporate a wide array of creative content, including characters, stories, a...

Trademark Infringement and the Consequences of Suppressing cease and desist N...

Titile

This article provides a detailed analysis of the legal principles surrounding the suppression of material facts in trademark infringement cases, illustrating the courts' strict adherence to the...

Legal Implications of Trademark Use Post-Termination of a License Agreement

Titile

This article provides a detailed analysis of the legal principles surrounding post-termination trademark use, illustrating the stringent protections available under Indian trademark law. Tradem...

Copyright Infringement in the Digital Age

Titile

The recent decision by the Delhi High Court in M/S MRT Music vs. Paramvah Studios Private Limited & Ors. (CS(COMM) 680/2024) reflects the growing complexities of copyright enforcement in th...

Prior leave of Civil Court under Section 124 of Trademarks Act 1999

Titile

The High Court of Delhi's recent ruling in the trademark infringement cases, C.O. (COMM.IPD-TM) 301/2022 and 469/2022, underscores the critical importance of adhering to procedural requirements...

Imposition of heavy cost for violation of injunction order under Order 39 Rul...

Titile

The recent decision of the High Court of Judicature at Bombay in Mangalam Organics Ltd. vs. Patanjali Ayurved Ltd. & Ors. brings to light the critical importance of adhering to judicial ord...

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

Titile

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

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

Titile

The High Court of Judicature at Bombay recently addressed this issue in the case of Les Laboratories Servier and Anr. vs. Sefier Life Science Private Ltd., where the plaintiffs sought to preven...

Prior Search Report: A Crucial Element in Establishing Honest Adoption:

Titile

The High Court of Judicature at Madras delivered a crucial judgment on July 12, 2024, in the case of Glenmark Pharmaceuticals Ltd. vs. Mrs. Karlin Pharmaceuticals & Exports Private Limited ...

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

Titile

                                             Intellectual Property Rights and Int...

The Lanham Act: An In-Depth Examination

Titile

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

Appropriateness of Defendant's Explanation for Trademark Adoption

Titile

Trademark disputes hinge on the originality of a mark and the intent behind its adoption. In the case of Kabushiki Kaisha Toshiba v. Tosiba Appliances Co., the defendant, Tosiba Appliances, pre...

The Use of Artificial Intelligence in Copyright Infringement Detection

Titile

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

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

Titile

The case of Lacoste Vs Crocodile International brings to the forefront the nuanced differences between standalone device registration and composite device registration, highlighting the critica...

Whitehat Education Technology Pvt. Ltd v/s Aniruddha Malpani

Titile

The case of WhiteHat Education Technology Private Limited v. Aniruddha Malpani presents a critical examination of the legal principles governing trademark jurisdiction, particularly in the cont...

Stay of Suit under Section 124 of the Trademarks Act, 1999: Ongoing Legal Unc...

Titile

The field of Intellectual Property Rights (IPR) has long been marked by intricate legal debates and evolving judicial interpretations. In India, the Trademarks Act, 1999, serves as a cornerston...

AI-Generated Trademarks: Innovation Meets Intellectual Property

Titile

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

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

Titile

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

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

Titile

The High Court of Delhi recently delivered a pivotal judgment in the trademark dispute between Mankind Pharma Ltd. (the appellant) and Chandra Mani Tiwari & ANR (the respondents). The case ...

Fair use, Parody and Artificial Intelligence in Copyright Law

Titile

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

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

Titile

In the case at hand, the plaintiff has filed a suit against the defendant for allegedly infringing upon the granted patent IN410846, titled "AN INTEGRATED PRE-SORTATION SYSTEM." This ...

Post Termination Perpetual Co-Existence User Agreement

Titile

The trademark dispute between Tushar Saraff & Anr. and Manish Kumar Jain & Ors. revolves around the rights to the "JJ DELUXE" trademark and other "JJ" formative mark...

Geographical Indications: Understanding Registration and Protection

Titile

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

Maintainability of design cancellation before High Court

Titile

Case Details: The petitioners filed an Original Petition under Section 19 read with Section 4 of the Designs Act, 2000, seeking the cancellation of the registration of a design (Design No. 400...

Right Of Well Known Trademark Extends To Different Class Of Goods

Titile

The plaintiff claims to be a registered partnership firm engaged in manufacturing and selling incense sticks/Agarbathies and Dhoops since 1948. The plaintiff adopted and has been using the trad...

Trademark Cancellation To Be Decided First Prior To Suit

Titile

The Suit filed by the Plaintiff and the cancellation petition filed by the Defendant against registered Trademark of the Defendant were listed together in Court. The Plaintiff submitted that...

Locus of Associate Managers in Trademark Registry to adjudicate the matter

Titile

This is a judgment from the High Court at Calcutta, Commercial Division, involving three separate but related appeals (IPDTMA No. 82 of 2023, IPDTMA No. 83 of 2023, and IPDTMA No. 1 of 2024) fi...

Forum Shopping And Continuous Cause Of Action

Titile

The High Court of Delhi delivered a judgment on August 5, 2024, in the case of M/S. Ganesh Gouri Industries and others versus R. C. Plasto Tanks and Pipes Pvt. Ltd. The appellants, Ganesh Gouri...

Non Requirement Of Reasonable Cause For Additional Documents, Which Are Not I...

Titile

The plaintiffs initiated a lawsuit on January 25, 2017, seeking a decree of Rs. 22,47,00,000/- against the defendants for their failure to remit payments for airline tickets and other services ...

Trademark rectification on the ground of non-renewal

Titile

The petitioner filed a rectification petition seeking the removal of the trademark 'GARNISH' registered in favor of Garnish Electronics Pvt. Ltd. (Respondent No. 1) under Application no. 234249...

Partial Acceptance of additional documents in Trademark Cancellation

Titile

In the High Court of Delhi, KRBL Limited filed a case against Rajesh Kejriwal, trading as Chemical Centre India, and another respondent. The case, numbered C.O. (COMM.IPD-TM) 502/2022, was hear...

Test of Colorable imitation in Copyright Rectification Proceeding

Titile

This is a judgment delivered on August 5, 2024, by the High Court of Delhi in the case of RFA(OS)(IPD) 1/2023, involving R. C. Plasto Tanks and Pipes Pvt. Ltd. (the appellant) and Ganesh Gouri ...

Withdrawal of Commercial Appeal and imposition of cost

Titile

The appeal was filed challenging an order dated 16th May, 2017, which restrained the appellant from using the trademark "GOLDEN GATE" in relation to rice and other goods. The appellan...

Maintainability of Writ against a Private Party

Titile

Factual Background: Sanchit Gupta, an IT Consultant, had his social media account suspended by X Corp. without prior notice or explanation. This suspension led to a loss of advertising revenue...

Function of domain name as a Trademark

Titile

Background: Oracle America Inc., a corporation incorporated under the laws of California, USA, and part of the Oracle Group of companies, filed a suit against Sonoo Jaiswal and Others for trad...

Rejection Of Additional Documents In Commercial Suit

Titile

Case Background: TTK Prestige Limited filed a suit against Baghla Sanitaryware Private Limited & Ors. for infringement of their registered trademark 'PRESTIGE' and copyright infringement o...

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

Titile

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

Bio Colonialism: The New Frontier For Global Exploitation

Titile

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

Trademark? Everything You Need To Know About

Titile

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

An Introductory Guide to Intellectual Property Rights

Titile

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

Standard Essential Patents and Injunctions: A Comprehensive Legal Overview

Titile

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

Doctrine of Fair Use: Balancing Knowledge and Creativity

Titile

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

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

Titile

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

The Impact of Brand Protection Through Trademarks on Business

Titile

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

A Guide to the Evolution of Trademark Laws

Titile

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

Study On Geographical Indications And Its Infringement And Remedies

Titile

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

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

Titile

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

Quest For Recognition: Exploring Judicial Perspectives On AI Inventorship

Titile

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

The role of IPR in the Digital Business World

Titile

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

Patent Registration Procedure and Infringement

Titile

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

Suit for Patent Infringement and essential features of the suit patent

Titile

The High Court of Delhi delivered a judgment on July 4, 2024, in the patent infringement case of ITW GSE APS & ANR. versus DABICO AIRPORT SOLUTIONS PVT LTD & ORS. The case, which was re...

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

Titile

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

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

Titile

On 15 July 2024, the High Court of Delhi delivered a significant judgment in the case of Loreal India Pvt Ltd versus Rajesh Kumar Taneja Trading as Innovative Derma Care & Anr. This case re...

Patentability of known properties of traditionally known component

Titile

The case involving the Civil Miscellaneous Appeal under Section 117-A of the Patents Act, 1970, revolves around the rejection of a patent application for an "Eco-friendly lamp made up of c...

Mere Delay Does Not Defeat The Grant Of An Injunction

Titile

The principle that mere delay does not defeat the grant of an injunction is central to the case of Husenali Anwarali Charaniya vs. Hasmukhbhai Bhagvanbhai Patel, heard on 24 June 2024 in the Hi...

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

Titile

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

Artificial Intelligence: Boon or Bane for Intellectual Property

Titile

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

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

Titile

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

Non Renewed Registered Trademark Are No More In Existence

Titile

Trademark registration is a crucial aspect of intellectual property law, providing businesses with the exclusive rights to use distinctive signs to identify their products or services. However,...

Lack of Necessary Regulatory Approval and Patent Infringement

Titile

The intersection of patent law and regulatory compliance forms a critical backdrop in disputes involving pharmaceutical products. This article examines the legal complexities arising from the c...

Status Quo in Trademark disputes pertaining to conflict between family members

Titile

The High Court of Judicature at Allahabad adjudicated the case of Mmi Tabacco Pvt Ltd And Another vs Iftikhar Alam on July 5, 2024. This case involves a complex dispute over the trade mark &quo...

Non-Statutory Double Patenting: Understanding US and Indian Laws

Titile

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

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

Titile

Context and Filing: The Appeal was filed under Section 117-A of the Patents Act, 1970, seeking to overturn an order dated January 24, 2020, which rejected Indian Patent Application No. 5584/CH...

Infringement Dispute: Shemaroo v/s Super Cassettes Industries

Titile

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

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

Titile

In a recent writ petition, the petitioner challenged the abandonment of their patent application for a "Blind-Stitch Sewing Machine and Method of Blind Stitching." The patent applicat...

Breach of confidentiality and Enforceability of Contracts of Personal Service

Titile

The enforceability of contracts of personal service has long been a contentious issue in legal discourse. The Specific Relief Act, 1963 (hereinafter referred to as "the Act"), particu...

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

Titile

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

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

Titile

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

Why Trademark Registration is Crucial for Long-Term Business Success

Titile

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

The Executing Court Cannot Go Beyond the Decree

Titile

The execution of court decrees is a critical phase in the judicial process, ensuring that the rights affirmed by a judgment are effectively realized. However, an issue arises when there is a co...

Withdrawn Patent Application Cannot Be Used as Prior Art

Titile

Criteria for patentability, including novelty and inventive step, often lead to legal disputes. One such instance is the case where withdrawn patent applications are considered as prior art, wh...

Placement of Order on Website by Registrar of Trademark Does Not Constitute C...

Titile

In the realm of intellectual property law, the proper communication of decisions by authorities is crucial to ensure due process and fair treatment of applicants. The recent case involving the ...

Understanding Patents in India

Titile

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

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

Titile

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

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

Titile

In the present case, the issue at hand involves the admitted fabrication of newspapers by Mr. Karan Kumar, the proprietor of KG Marketing, prior to filing a trademark suit. Mr. Kumar has acknow...

Infringement and Passing Off in Trademark

Titile

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

Fabrication of Invoices at Interim Stage in Trademark Dispute

Titile

The recent interim ruling in a trademark dispute case sheds light on the complexities and critical considerations in adjudicating trademark rights, particularly in scenarios involving alleged f...

Fashion and Law Relationship

Titile

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

Understanding the Grounds for Refusal of Trademark Registration

Titile

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

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

Titile

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

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

Titile

In the context of intellectual property law, the maintainability of design rectification via counterclaims in design infringement suits presents a significant legal issue. This article delves i...

How Active Trademark Use Protects Your Brand Identity

Titile

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

Passing Off in Relation to Similar Background Colour of Product Packaging

Titile

The doctrine of passing off is a vital aspect of intellectual property law, primarily aimed at protecting the goodwill and reputation of a business. This legal principle prevents one party from...

Trade Mark Infringement in Relation to Pattern of a Product

Titile

Background: The case in question involves a well-known company engaged in the manufacturing, selling, and distribution of construction materials, including Thermo-Mechanically Treated (TMT) ba...

Lack of Expert Testimony Comparing Defendant's Product with Patent

Titile

Background: The petitioner, in this case, holds patents that protect their inventions related to Ferric Carboxymaltose (FCM), an iron replacement therapy. The patents in question are IN370845,...

The Future of Sustainable Tourism and Intellectual Property in India

Titile

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

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

Titile

The petitioner seeks to quash the proceedings in C.C.No.21775 of 2022, registered for offenses under the Trade Marks Act and the Copyright Act. The core issue revolves around the necessity of o...

Trademarks with similar meanings are likely to confuse consumers

Titile

The present appeal, filed under Section 91(1) of the Trade Marks Act, 1999, challenges the order dated 22nd July 2023, by the Registrar of Trade Marks. The appellant opposed the registration of...

Section 12-A of the Commercial Courts Act, 2015, and the Nature of Urgent Rel...

Titile

Section 12-A of the Commercial Courts Act, 2015, mandates pre-institution mediation for commercial disputes, barring exceptions for urgent interim relief. This provision aims to expedite resolu...

When Intent to Confuse Exists, Trademark Similarities Take Precedence Over Di...

Titile

The legal landscape of trademark law hinges on the protection of brand identity and the prevention of consumer confusion. This principle is particularly evident when examining cases where inten...

Trademark Registration in India: Procedures, Jurisdiction and Legal Framework

Titile

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

Bad Faith Adoption of Trademark and Its Effect

Titile

Background and Case Overview: In the "Under Armour Vs. Aero Armour" case, the primary legal contention revolved around the use of the trademark "ARMR." The plaintiff, Under A...

The Idea-Expression Dichotomy: Balancing Imagination and Articulation

Titile

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

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

Titile

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

Dishonest Adoption of Trade Name and Interim Injunction

Titile

This case delves into a recent legal dispute where Infosys Limited, a global leader in information technology and consulting services, sought judicial intervention to prohibit the unauthorized ...

Right of Public Criticism Versus Personality Right

Titile

This case explores the conflict between the right to public criticism and personality rights through a recent legal case involving a prominent Indian journalist and TV anchor. The case highligh...

Phonetic dissimilarity of Trademark and Denial of Injunction

Titile

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 ...

Titile

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

Titile

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

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

Titile

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

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

Titile

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

Titile

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

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

Titile

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

Copyright Infringement and the Protection of Ideas in Intellectual Property Law

Titile

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

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

Titile

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

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

Titile

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 ...

Titile

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

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

Titile

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

Youth and IP: Accelerating Innovation and Creativity

Titile

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

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

Titile

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

Jackie Personality And Publicity Rights Infringement

Titile

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

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

Titile

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...

Titile

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...

Titile

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

Titile

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

Titile

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

Titile

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...

Titile

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

Employer-Employee Patent Ownership: A Dilemma

Titile

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

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

Titile

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

NCS Music and its Impact on Copyright

Titile

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

Patent In Pharmaceutical Industry

Titile

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

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

Titile

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

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

Titile

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

Echoes of Abandonment: Inside the World of Ghost Cities

Titile

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

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

Titile

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

Titile

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...

Titile

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...

Titile

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

Titile

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...

Protecting Creative Works in the Domain of Intellectual Property Rights throu...

Titile

Within the broad realm of intellectual property rights, copyright is a reliable safeguard for artistic pursuits. Copyright, which is derived from the combination of the words "copy" a...

Patents: Key to the Development and Manufacturing of COVID-19 Treatments and ...

Titile

Patent Law In India:In India, the patent law is highly drafted unambiguously to accredit a new invention in the pharmaceutical products or vaccines and to address public health problems provide...

Intellectual Property Rights Over Fictional Characters

Titile

This article will focus on what is property rights, types, intellectual property rights and its types and what is its rights over the fictional characters. What is Property Right?Property right...

Glochem Industries Ltd v/s Cadila Healthcare

Titile

Case Laws in legal field is one of the best source of understanding a particular section or law. Casw law is the backbone of legal system. So, in this we'll focus on "Glochem Industries Lt...

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

Titile

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

Titile

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

Titile

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

Titile

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

Titile

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...

Titile

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...

Titile

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...

Passing Off And Infringement of Trademark Law

Titile

Intellectual property rights (IPR) are the ideas, inventions, and creative expressions for which there is a public willingness to bestow it with the status of property. These are the rights giv...

Unlocking The Secrets Of Digital Rights Management: A Modern Guide To Copyrig...

Titile

DRM is about tracking who can do what with digital content and this includes social, institutional, and legal aspects as well as software in the media player and/or communication network.(DRM) ...

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

Titile

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'...

Titile

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

Titile

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?

Titile

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...

Patent Law Treaty (2000)

Titile

The patent application procedure, which is a component of intellectual property law, as well as how patent infringement is handled are all governed by patent law. Understand the fundamentals of...

ChatGPT and Looming Concerns of IP infringement

Titile

The sporadic technological advancement of Artificial Intelligence was a variable that could not have been speculated to led us so far to an era of Machine Learning and development of cutting-ed...

Examining The Role Of Intellectual Property Laws In Fostering Innovation And ...

Titile

Intellectual property (IP) laws play a crucial role in fostering innovation and creativity by providing legal protection and incentives for creators and innovators. This paper examines the rela...

Patents (Amendment) Rues 2024:Key Changes

Titile

Indian Patent office grants one lakh patents in past year. A bewildering headline reported by The Hindu in March 2024, showcases the remarkable growth and evolution of India's patent system. Bu...

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

Titile

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

Titile

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

Titile

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

Titile

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...

Analysis Of Sweat Of The Brow Doctrine

Titile

Abstract: The doctrine of Sweat of the Brow, once a cornerstone of copyright law, has undergone significant evolution in English and Indian legal systems. Initially, it granted copyright protec...

The Role of the USPTO in Trademark Registration

Titile

The United States Patent and Trademark Office (USPTO) plays a central role in the registration and protection of trademarks in the United States. As the federal agency responsible for granting ...

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

Titile

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

Titile

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

Titile

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

Titile

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

Titile

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

Titile

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

Titile

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

Titile

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...

Interstate Transfer of Suit in Patent Infringement dispute

Titile

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

Titile

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

Titile

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

Titile

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...

How Trademark Law Evolved in India?

Titile

India's trademark laws have changed a lot over time. These changes show how much India understands the importance of protecting ideas and brands to help businesses grow and trade globally. Let'...

Vulnerability of Digital Documents

Titile

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

Titile

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

Titile

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...

Titile

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

Titile

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

Titile

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

Titile

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

Titile

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...

Exploring The Intricate Landscape Of Enforcing And Litigating Intellectual Pr...

Titile

Ensuring the protection of innovative and creative outputs is a crucial element in the field of intellectual property rights (IPR) enforcement and litigation. IPR holders preserve the integrity...

legal service India.com - Celebrating 20 years in Service

Home | Lawyers | Events | Editorial Team | Privacy Policy | Terms of Use | Law Books | RSS Feeds | Contact Us

Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) © 2000-2025
ISBN No: 978-81-928510-0-6