Ajay Amitabh Suman

Ajay Amitabh Suman

Member since: January 10, 2019
Total live articles: 646

Myself Ajay Amitabh Suman, An Advocate Practicing Hon'ble High Court of Delhi, having specialization in Intellectual Property Right for more than 22 years. Besides practicing in Hon'ble High Court of Delhi, I am also a Poet, Author, Blogger, Vlogger and Writer.

Recent Articles by Ajay Amitabh Suman

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

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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 ...

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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...

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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...

Increase in valuation of Suit and Amendment of Plaint

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The case concerns a petition challenging the dismissal of an amendment application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC). The petitioners sought to amend the valuatio...

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

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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...

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

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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) ...

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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...

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

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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...

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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...

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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

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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

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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...

Condonation Of Delay In Filing The Replication

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This case pertains to procedural compliance under the Delhi High Court (Original Side) Rules, 2018. The primary issue revolves around whether the plaintiffs' replication, filed with a minor pro...

Copyright Infringement in relation to Literary Work in Question Paper

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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

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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

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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...

Jurisdiction of Customs Authority in Patent Disputes

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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

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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...

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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

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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

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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

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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

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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

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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...

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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

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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 ...

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

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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...

PhD thesis and right to information Act

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The case addresses the denial of access to a PhD thesis under the Right to Information Act, 2005 (RTI Act). The petitioner, Rajeev Kumar, sought a copy of the thesis titled "Studies on som...

Trademark of Ex Distributor, Rectified, being dishonesty in adoption

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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...

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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

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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

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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...

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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

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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...

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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

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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

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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

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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...

Non Joinder Of Partnership Firm And Its Effect

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The plaintiffs purchased a two-storied building in Meerut Cantt through a registered sale deed in 2006. The disputed shop was let out to the partnership firm M/s Janta Finance & Trading Cor...

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

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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

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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

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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

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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?

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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

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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...

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

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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

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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...

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

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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

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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

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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

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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...

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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...

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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...

Trademark Rectification and Passing Off

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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...

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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

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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

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

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

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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

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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...

Hush Category Product (Women's Hygiene Product) and Probability of Confusion

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In the domain of intellectual property law, trademark disputes often revolve around the use of similar marks for competing products, which can lead to consumer confusion and misrepresentation. ...

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

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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...

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

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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

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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 ...

Disparagement And Limitation For Social Media Influencer

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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

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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

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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 ...

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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

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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...

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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...

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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 ...

Maintainability of Appeal in Commercial Dispute against Order Rejecting Appli...

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Background of the Case: The case before the High Court of Delhi revolved around an appeal filed by Container Corporation of India Limited (the "Appellant") against an order dated November 16, ...

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

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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

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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

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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

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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

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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

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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...

Trademark Infringement against prior user

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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...

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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

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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

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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...

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

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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 ...

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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...

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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...

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

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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...

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

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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...

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

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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

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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

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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

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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...

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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

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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

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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...

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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

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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

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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

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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...

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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...

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

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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:

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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 ...

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Popular Articles by Ajay Amitabh Suman

Guidelines For Implementation of Section...

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

The Scope of Contempt Proceedings and re...

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The appeal under consideration challenges an order issued by a single judge of the Madhya Prade...

Additional Documents At The Trial Stage

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

Producing Additional Document At The Sta...

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

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