Myself Ajay Amitabh Suman, An Advocate Practicing Hon'ble High Court of Delhi, having specialization in Intellectual Property Right for more than 20 years. Besides practicing in Hon'ble High Court of Delhi, I am also a Poet, Author, Blogger, Vlogger and Writer.
The doctrine of passing off is a vital aspect of intellectual property law, primarily aimed at protecting the goodwill and reputation of a business. This legal principle prevents one party from...
Background: The case in question involves a well-known company engaged in the manufacturing, selling, and distribution of construction materials, including Thermo-Mechanically Treated (TMT) ba...
Background: The petitioner, in this case, holds patents that protect their inventions related to Ferric Carboxymaltose (FCM), an iron replacement therapy. The patents in question are IN370845,...
The petitioner seeks to quash the proceedings in C.C.No.21775 of 2022, registered for offenses under the Trade Marks Act and the Copyright Act. The core issue revolves around the necessity of o...
The present appeal, filed under Section 91(1) of the Trade Marks Act, 1999, challenges the order dated 22nd July 2023, by the Registrar of Trade Marks. The appellant opposed the registration of...
Section 12-A of the Commercial Courts Act, 2015, mandates pre-institution mediation for commercial disputes, barring exceptions for urgent interim relief. This provision aims to expedite resolu...
The legal landscape of trademark law hinges on the protection of brand identity and the prevention of consumer confusion. This principle is particularly evident when examining cases where inten...
Background and Case Overview: In the "Under Armour Vs. Aero Armour" case, the primary legal contention revolved around the use of the trademark "ARMR." The plaintiff, Under A...
The legal framework surrounding the enforcement of court orders and decrees is critical to ensuring the authority of the judiciary and the respect for its judgments. This article analyzes the m...
This case delves into a recent legal dispute where Infosys Limited, a global leader in information technology and consulting services, sought judicial intervention to prohibit the unauthorized ...
This case explores the conflict between the right to public criticism and personality rights through a recent legal case involving a prominent Indian journalist and TV anchor. The case highligh...
This case examines the legal implications of failing to file a replication within the prescribed 45-day limit in commercial disputes, with reference to the Delhi High Court (Original Side) Rule...
This article examines a rent control revision petition filed under Section 25-B(8) of the Delhi Rent Control Act, 1958, challenging the judgment of the Additional Rent Controller (ARC). The pet...
The plaintiff, an Indian company with the trade name 'ABROS,' registered its trademark and has been using it since June 2020. The defendant, Ashish Bansal, registered the mark 'NEBROS' in Septe...
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...
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"...
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...
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 ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
"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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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...
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...
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...
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...
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...
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...
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...
Plaintiff's Claim: The plaintiff initiated a lawsuit claiming that the defendant infringed on their proprietary rights associated with the trademark "CONSOLETTE." Injunction Request...
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...
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...
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...
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 ...
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 legal dispute between P M Diesel and Thukral Mechanical Works over the trademark "FIELDMARSHAL" highlights the complexities and nuances inherent in trademark litigation. Following...
The case at hand revolves around a property dispute wherein the plaintiffs/appellants assert their rights over a piece of land against the defendants/respondents, the Gala�s. Central to the dis...
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...
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...
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 ...
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...
In the case at hand , an application for amendment was permitted even as the judgment was about to be pronounced, pursuant to an application under Order 12 Rule 6 of the CPC. This decision was ...
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...
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...
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...
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 ...
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"...
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...
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...
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...
This case pertains to invention titled "Opposed Piston Engine with Non-Collinear Axes of Translation," the rejection of the patent application and subsequent reversal on appeal unders...
In this case before the Hon'ble High Court of Delhi, the refusal to grant an interim injunction shed light on the significance of third-party trademark existence agreements. This article provid...
The concept of patents serves as a cornerstone in the realm of intellectual property law, providing inventors with exclusive rights over their innovations for a specified period. However, the d...
The legal dispute outlined in the provided scenario revolves around Indian Patent No. 349522, concerning a "Tamper-Evident Closure with Tear Off Seal," filed by the Plaintiff. The Pla...
Jurisdictional challenges often constitute a critical aspect of legal proceedings, particularly in intellectual property (IP) litigation where disputes may span multiple territories. This artic...
The recent legal case involving an intra-court appeal over a patent opposition decision underscores the complexities within intellectual property law, particularly regarding patent examination ...
The patent system plays a crucial role in incentivizing innovation by granting exclusive rights to inventors for their creations. However, not all inventions meet the criteria for patentability...
The case of Novartis v/s. Natco regarding Indian Patent IN 276026 brings to light the complex legal dynamics surrounding divisional patent applications and their impact on patent disputes. At t...
Using a recent appellate case as a primary example, this article explores the legal principles surrounding these issues and their application in real-world scenarios. Through a comprehensive an...
The case at hand involves a dispute over trademarks relating to the sale of asafoetida. The plaintiff alleges infringement and passing off of their registered trademark "HOTEL SPECIAL"...
In this case study, we delve into the legal issues surrounding the dispute between the plaintiff, claiming prior adoption and use of the marks ARTIZE and TIAARA, and the defendant, accused of i...
The case of WESTERN CHOICE vs. OFFICER'S CHOICE revolves around a dispute over trademark infringement and passing off. The Plaintiff, a well-established brand with multiple registered trademark...
In a recent case before the Hon'ble High Court Delhi, the issue of trademark infringement arose concerning the use of marks similar to the plaintiff's registered DEER Brand device. This article...
The concept of bad faith in the adoption of trademarks is a critical facet of intellectual property law, aimed at safeguarding the rights of trademark owners and preventing unfair competition. ...
The intersection of e-commerce platforms and trademark jurisdiction presents complex legal challenges, as demonstrated in the case under consideration. This article critically examines the impl...
The relationship between trademarks and trade names, or corporate names, often raises intricate legal questions concerning the rights and limitations of parties involved. This article delves in...
In the dispute between V GUARD and CROMPTON over the marks "PEBBLE" and "CROMPTON PEBBLE," Section 29(4) of the Trademarks Act, 1999, plays a pivotal role. This article prov...
The intersection of trademark law and commercial activities is often a complex terrain, especially when it comes to proving the use of a trademark in commerce. The case at hand, involving the P...
The case under discussion involves a petition seeking the quashing of an FIR due to the wrong mentioning of a section of the law by the recording officer at the police station. The petitioner a...
In patent infringement suits, the reliance on expert testimony plays a pivotal role in establishing the validity of claims and determining the likelihood of success. However, the issue of wheth...
This article delves into a recent legal case concerning alleged passing off, wherein the defendant copied the entirety of the plaintiff's trademark for medicinal eye drops. The case raises impo...
Trademark infringement is a serious offense in intellectual property law, often leading to legal battles between parties. This article delves into a recent case involving the alleged infringeme...
Trademark infringement is a serious offense in intellectual property law, often leading to legal battles between parties. This article delves into a recent case involving the alleged infringeme...
Trademark registration is often seen as a significant milestone for businesses seeking to protect their brand identity. However, a recent appellate decision highlights the crucial distinction b...
The recent appellate decision in the matter of patent application no. 3877/DELNP/2009 highlights the procedural intricacies surrounding the admissibility of amendments in national phase patent ...
The recent appellate decision in the case of Patent Application No. 650/CHENP/2009 sheds light on the significance of granules in patent applications, particularly in the context of inventions ...
A legal case concerning the rejection of a patent application under Section 3(c) of the Patent Act, 1970 has been discussed herein. The case revolves around Indian Patent Application No.5542/CH...
Section 209 of IPC has remained unchartered territory in matters pertaining to Intellec...
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...
Prior to enactment of Commercial Court Act 2015, normally Plaintiff or Defendant could file the...