Non-use of trademark is not a valid defense against injunction
The Delhi High Court ruled that non-use of a trademark does not automatically bar injunctive relief if deceptive similarity and consumer confusion are present. The Court emphasized that…
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Ad Agency sues Jindal Steels for Copyright Infringement
Wieden Kennedy sued Jindal Steel for copyright infringement over an advertisement, leading to a Delhi High Court order for arbitration and a monetary deposit. The Court declined an…
No more ‘Social’izing for Social chai
The Delhi High Court has restrained Social Chai from using the "SOCIAL" mark, finding trademark infringement and a likelihood of consumer confusion. The dispute highlights the importance of…
Exacting Standards for Pharma Trademarks and their Dominant Parts
The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and…
Well-known mark not a pre-requisite for grant of relief against infringement
This post discusses a Delhi High Court decision on trademark infringement involving the mark "PEBBLE" used by V Guard and Crompton. The Court held that a well-known mark…
SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5
This post discusses the Delhi High Court’s approach to awarding actual costs in the Ericsson v Lava standard essential patent litigation. It outlines the legal principles applied and…
Standard Essential Patents, Claim charts and Infringement – Ericsson v. Lava – Part 4
This post discusses how the Delhi High Court assessed infringement of standard essential patents in Ericsson v. Lava, evaluating claim charts and the two-step infringement test. The court’s…
Call for Feedback: CGPDTM Service Excellence Survey 2024
The Office of CGPDTM has announced its Service Excellence Survey 2024 to collect stakeholder feedback for improving IP administration. Stakeholders are encouraged to submit their responses by 22…
Exploring Patent Hold Up, Royalty Stacking, and Hold Out – Ericsson v. Lava – Part 3
This post discusses patent hold up, royalty stacking, and hold out in the context of the Ericsson v Lava dispute. The analysis highlights the Court's reliance on evidence…
Are you playing it Safe? Court encourages settlement in a music licensing case.
The Delhi High Court encouraged settlement in a dispute between PPL and Neb Sports over alleged unlicensed public performance of sound recordings at sporting events. The case highlights…
Google’s Patent appeal dismissed, fine of 1 Lakh imposed
The Delhi High Court dismissed Google’s appeal against the rejection of its patent application, finding no inventive step over prior art. A fine of Rs.1 lakh was also…
Citing gross delay and strong likelihood of confusion, court refuses CEAT’s appeal
The Delhi High Court dismissed CEAT’s appeal against the refusal of its FARMAX trademark, citing substantial delay and likelihood of confusion with prior marks. The court found the…