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.
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...
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...
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...
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...
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...
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...
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...
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...
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...
This case pertains to trademark infringement, passing off, dilution, and unfair competition involving the globally recognized trademarks "VOLVO" and "PENTA and objection of Terri...
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...
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...
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...
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...
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...
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...
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...
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 ...
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 ...
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...
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...
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...
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...
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...
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....
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 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...
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...
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...
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...
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...
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...
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...
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...
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 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. ...
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...
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...
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...
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...
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...
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...
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...
Parties Involved: Petitioner: Macleods Pharmaceuticals Ltd., engaged in the manufacture and marketing of pharmaceutical products, including anti-diabetic drugs. Respondent N...
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...
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...
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...
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...
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...
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 ...
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...
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...
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...
Factual Background of the Case: The case titled V Lakshminarayanasamy v/s Siva Bhaskaren, registered as (T) OP (TM) No.165 of 2023 in the High Court of Judicature at Madras, revolves around a ...
The interplay between the requirements for filing a suit and the necessity for urgent interim relief is crucial in commercial litigation. This case, News Tamil 24 X 7 Vs Ananda Vikatan Publishe...
Trademark law plays a crucial role in maintaining fair competition in the marketplace and protecting consumers from confusion regarding the source of goods and services. This case involves ITC ...
Background of the Case: The case at hand revolves around a dispute between the Delhi Gymkhana Club Limited (hereinafter referred to as the Appellant) and Col. Ashish Khanna (hereinafter referr...
Trademark rectification refers to the legal procedure by which the registration of a trademark can be canceled or modified in the Register of Trade Marks. One of the key grounds for rectificati...
The rapid evolution of digital technologies has significantly altered the landscape of content distribution, particularly in the realm of broadcasting and media rights. The legal system faces i...
In the domain of intellectual property law, trademark disputes often revolve around the use of similar marks for competing products, which can lead to consumer confusion and misrepresentation. ...
The Commercial Courts Act, 2015 was enacted with the primary objective of ensuring the speedy resolution of high-value commercial disputes. Section 12-A of the Act, introduced in 2018, mandates...
Background of the Case: The case under discussion involves Akash Pack (the appellant) and Today Tea (the respondent) in a money recovery suit. This dispute arose from a judgment and decree pas...
Background of the Case: The present matter before the High Court of Delhi involves Akemi Chemisch Technische Spezialfabrik GmbH (plaintiff) versus Devki Nandan Malik trading as Delhi Hardware ...
Background of the Case: This case involves a legal dispute between Zydus Wellness Products Limited (the plaintiff) and Mr. Prashant Desai (the defendant). Zydus Wellness is a prominent player ...
Background of the Case: This case concerns a dispute between Sun Pharmaceutical Industries Ltd., the plaintiff, and J.B. Chemicals, the defendant, over the use of trademarks related to pharmac...
Background of the Case: This case revolves around a trademark dispute between the plaintiff, the registered owner of the trademark "GHADI," and the defendant, who is alleged to have ...
Background of the Case: The dispute in this case revolves around Kent RO Systems Ltd., a prominent manufacturer of water purifiers, who filed a suit against the defendants for allegedly infrin...
Background of the Case: The case at hand involves Bry-Air (Asia) Pvt. Ltd., which filed a writ petition against the Union of India and other respondents, challenging the status of their patent...
Background of the Case: In the case presented before the High Court of Delhi, BDR Pharmaceuticals International Pvt Ltd (BDR) and Kudos Pharmaceuticals Limited ("Kudos") were embroil...
Background of the Case: The case Keshav Kumar Ratwani vs. Rohit Kumar Dhaka is being adjudicated in the High Court of Delhi, New Delhi, and centers on a significant dispute regarding artistic ...
Background of the Case: The case before the High Court of Delhi revolved around an appeal filed by Container Corporation of India Limited (the "Appellant") against an order dated November 16, ...
Background of the Case: The case in question, KG Marketing India Vs Rashi Santosh Soni & Anr., involves a complex trademark dispute between the appellant, KG Marketing India, and the responden...
Factual Background: The present case is a legal dispute between Madhu Food Products (the appellant) and Surya Processed Food Pvt. Ltd. (the respondent), centering around allegations of trade...
Background of the Case: The case at hand, Manhar Sabharwal Vs High Court of Delhi, decided on August 23, 2024, involves a significant constitutional challenge raised by the petitioner, Manhar ...
Background of the Case: The case of Rasayanam Enterprises vs. Upakarma Ayurveda Pvt. Ltd. was heard before the High Court of Delhi and revolves around a dispute concerning trademark infringeme...
Background of the Case: The case of Renu Bajaj & Anr. v. Consilium Automation & Fire Protection Ltd. & Ors. was brought before the High Court of Delhi, focusing on a commercial dispute invol...
Background of the Case: The case of Sri Laxmi Balaji Industries vs. MS. Lakshmi Venkateshwar Rice Industries is a significant trademark dispute, brought before the High Court under Articles 22...
Background of the Case: The case before us is a trademark infringement dispute between Rebanta Healthcare Pvt. Ltd. (the appellant) and Dr. Reddy's Laboratories Ltd. & ANR. (the respondent...
Background of the Case: The case involves a legal dispute between VIP Pharma and Rhydburg Pharma, with the former filing a suit against the latter in the Delhi High Court. The case revolves ar...
Background of the Case: The case before us is L'Oreal vs. Sarvodaya Overseas Pvt. Ltd., which was heard by the Intellectual Property Appellate Board, Chennai Circuit Bench at Mumbai. The case ...
Background of the Case: Hindustan Unilever Limited (HUL) filed a suit against Abbott Laboratories and others (Defendants) in the High Court of Judicature at Bombay, specifically in its Commerc...
Background of the Case: The case before us is Nokia Corporation vs. Bharat Bhogilal Patel, with case number CS(OS)No.3071-2011, heard in the High Court of Delhi at New Delhi. The date of the d...
Background of the Case: The case involves a challenge to a detention order passed against the petitioner, Deepak Gopaldas Bajaj, under the Conservation of Foreign Exchange and Prevention of Sm...
Background of the Case: The case before us is Bhupinder Jain vs Sachdeva & Sons Industries Pvt. Ltd., which was heard by the Intellectual Property Appellate Board (IPAB) in Chennai Circuit...
This case revolves around the critical issue of trademark infringement following the termination of a trademark license agreement. The dispute underscores the legal implications of unauthorized...
The Supreme Court of India's judgment in Kabushiki Kaisha Toshiba vs. Tosiba Appliances Co. & Ors, delivered on May 16, 2008, is a pivotal case that clarifies the implications of non-use of...
The case of Jagatjit Industries Limited v. The Intellectual Property Appellate Board & Ors., decided on January 20, 2016, by the Supreme Court of India, provides significant insights into t...
In the complex world of trademark law, the protection of a brand's identity extends beyond just its name or logo. The visual appearance, including color schemes and packaging, plays a critical ...
A critical question in such cases is whether a suit for trademark infringement can be maintained against a defendant who also holds a registered trademark. This article explores this issue thro...
In today's digital age, where social media platforms like Twitter serve as powerful tools for communication and expression, the legal implications of online content, particularly concerning tra...
Injunctions, particularly ex parte ad interim injunctions, are powerful judicial tools used to preserve the status quo pending the resolution of a dispute. However, the grant of such injunction...
This article provides a comprehensive analysis of the legal issues surrounding the quashing of a circular that restricted copyright owners' rights, offering valuable insights into the interpret...
The intersection of copyright law and the gaming industry has become increasingly complex as video games evolve to incorporate a wide array of creative content, including characters, stories, a...
This article provides a detailed analysis of the legal principles surrounding the suppression of material facts in trademark infringement cases, illustrating the courts' strict adherence to the...
This article provides a detailed analysis of the legal principles surrounding post-termination trademark use, illustrating the stringent protections available under Indian trademark law. Tradem...
The recent decision by the Delhi High Court in M/S MRT Music vs. Paramvah Studios Private Limited & Ors. (CS(COMM) 680/2024) reflects the growing complexities of copyright enforcement in th...
The High Court of Delhi's recent ruling in the trademark infringement cases, C.O. (COMM.IPD-TM) 301/2022 and 469/2022, underscores the critical importance of adhering to procedural requirements...
The recent decision of the High Court of Judicature at Bombay in Mangalam Organics Ltd. vs. Patanjali Ayurved Ltd. & Ors. brings to light the critical importance of adhering to judicial ord...
The High Court of Judicature at Bombay recently addressed this issue in the case of Les Laboratories Servier and Anr. vs. Sefier Life Science Private Ltd., where the plaintiffs sought to preven...
The High Court of Judicature at Madras delivered a crucial judgment on July 12, 2024, in the case of Glenmark Pharmaceuticals Ltd. vs. Mrs. Karlin Pharmaceuticals & Exports Private Limited ...
Section 209 of IPC has remained unchartered territory in matters pertaining to Intellec...
The appeal under consideration challenges an order issued by a single judge of the Madhya Prade...
This case relates to intellectual property right, more especially trademark right. The judgm...
The Criminal Method Code of 1973 is the main code governing the procedure followed by Indian co...