Gaurav Mishra | Intellepedia

Can trademark rights exist even without continuous commercial use?

Illustration of a digital tachometer with a needle pointing to 8,000 RPM, overlaid on a blue circuit board background with flowing neon lines representing speed and technology.

Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.

Old Wine in New Bottle: Distillery Waste Patent Denied

Two bottles are placed side by side against a muted background. The bottle on the left is labeled "DISTILLERY WASTE" and contains a dark liquid, while the bottle on the right is labeled "PATENT DENIED" and also contains a similar dark liquid.

Delhi HC affirms rejection of a patent on ZLD process from distillery waste, citing lack of inventive step and application of Section 3(d) of the Patents Act.

Prior user rights prevail over subsequent registration, reiterates court

Cartoon-style image inspired by the Bollywood song "Saree Ke Fall Sa," featuring a woman (Sonakshi Sinha) in a neon green and pink saree and a man (Shahid Kapoor) in a grey outfit dancing against a blue background. Both are mid-step, with expressive hand gestures. Musical notes on the left include the text “Saree ke Fall ka match kiya re...”

Delhi HC cancels ‘Ragini’ label for deceptive similarity and copied trade dress, upholding prior user rights of ‘Rani’/‘Rachna’ and ordering Section 57 rectification of the register.

Court cancels 75-Year-Old TRIUMPH Trademark for Non-Use in Favor of Triumph Motorcycles

A red Triumph motorcycle parked on a scenic road with a backdrop of green fields, forest, and majestic mountain ranges under a bright blue sky with scattered clouds.

In the case of Triumph Designs Limited v. Tube Investments of India and Anr., the Calcutta High Court addressed two critical issues: whether the petitioner was a person aggrieved under Section 47 of the Trademarks Act, and whether the TRIUMPH mark had been unused for a statutory period justifying its cancellation.

Court Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness Test

A nurse applies an intravenous catheter to a patient's arm while seated on a couch,

Delhi HC sets aside patent rejection for IV catheter, citing flawed inventive step analysis under Agriboard test and lack of reasoned decision.

Delhi High Court Grants Permanent Injunction in LAHORI ZEERA Trademark Infringement Case

Delhi HC restrains Balaji Foods from using the LAHOR ZEERA mark, upholding Archian Foods’ IP rights over LAHORI ZEERA’s trademark, label, and design.

Cannot raise new ground while refusing patent, rules Delhi High Court

Illustration with text "New grounds for patent refusal?" in orange font on a light purple background, alongside a yellow hand pointing upward with the word "NO" repeated on each finger.

Delhi HC set aside a patent refusal against Proprietect L P, citing violation of natural justice, failure to consider amended claims, and lack of reasoning.

Sweet victory and Sweeter rewards – court declares NUTELLA well-known Trademark

Delhi HC grants Ferrero ₹30 lakh in damages, declaring ‘NUTELLA’ a well-known trademark in a major counterfeit case against M.B. Enterprises.

Court delivers an ‘Iconic’ ruling in JOLLY RANCHER trademark dispute

**Alt Text:** Two cowboys face off in a sepia-toned standoff, symbolizing a trademark dispute. The cowboy on the left wears a "JOLLY RANCHER" hat and shirt, holding a candy bar. The cowboy on the right wears a "JOLLY RANGER" shirt and holds a gavel, representing legal confrontation.

Gujarat High Court quashes Shiv Textiles’ trademark suit against Iconic IP Interests LLC for lack of Indian jurisdiction and no valid cause of action under CPC.

Atomberg fans or Luker fans, whose “fan” are you?

Two futuristic pedestal fans labeled "Atomberg" and "Luker" face each other in a dark, dramatic setting. The Atomberg fan glows with blue neon light, while the Luker fan glows red. Wind blasts collide in the center, scattering debris and creating visible sparks, symbolizing intense rivalry or conflict.

The Bombay High Court dismissed Atomberg’s appeal against the denial of an interim injunction in a design infringement case against Luker. The court ruled that Atomberg’s fan design lacked novelty due to prior publication and was merely a trade variant.