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Himalaya Trademark Infringement: Delhi HC Grants Injunction

Medicinal plants and mortar pestles, set in a light green background below the text, 'Himalaya Trademark Infringement– Delhi High Court'

The Delhi High Court granted an interim injunction to Himalaya Wellness, restraining Greenland Trading from using deceptively similar marks for ayurvedic products. The Court found a clear risk of consumer confusion and dilution of the well-known HIMALAYA trademark.

Section 3(i) Rejection Set Aside: Court Clarifies Scope of Pharmaceutical Patent Claims

Banner image showing a human brain against a blue molecular/network background, with overlaid text: “Section 3(i) Rejection Set Aside: Court Clarifies Scope of Pharmaceutical Patent Claims”.

The Delhi High Court reiterated that a properly drafted pharmaceutical composition claim cannot be dismissed as a “method of treatment” under Section 3(i), and has sent Medilabo’s neurodegenerative drug application back for a full, merits-based examination.

BADAL Trademark Rectification and Assignment Fraud

A magnifying glass and a pen placed over a document titled Trademark Assignment Agreement.

The Delhi High Court rejected a rectification petition challenging the assignment of the BADAL trademark on grounds of alleged fraud. The Court held that the Petitioner did not submit sufficient evidence to prove fraud or invalidate the registration, upholding the mark’s validity.

Comments and Suggestions on Patent Agent Code of Conduct and Patent Rules Draft

DPIIT’s publication of the draft rules and draft Code of Conduct has provided an opportunity for stakeholders to share their views on the future regulatory framework for patent agents. Patent agents at BananaIP Counsels have responded with detailed comments at general and specific levels, offering suggestions that aim to make the framework more practical and suitable for modern patent practice. Their submission seeks to contribute to a balanced ecosystem that enables the continued growth of innovation in India.

Public Hearing on Online IP Services Announced by CGPDTM

The CGPDTM has announced an online public hearing on 4 December 2025 to review how online IP services operate within the Indian legal framework. Stakeholders are invited to offer focused submissions on safeguarding users and strengthening trust in the Indian IP ecosystem.

Order of the Rose: Sets Olfactory Trademark Standards

This note summarizes the Trade Marks Registry’s ‘Order of the Rose’ on registration of an olfactory trademark in India for rose-scented tyres. It explains the objections, the IIIT Allahabad graphical model and the Registrar’s reasoning on distinctiveness under the Trade Marks Act, 1999.

Premji Invest Secures Dynamic Injunction against Fraudsters

Digital security shield protecting against fraudulent websites, symbolizing court-ordered dynamic injunction measures to block deceptive domains.

The Delhi High Court granted Premji Invest a dynamic injunction to counteract ongoing impersonation and intellectual property fraud. The order allows real-time blocking of deceptive websites and apps, ensuring robust protection for both the business and the public.

Dispute Over a Flower: Goodwill in Relevant Trade

An abstract colourful background with the silhouette of two hands reaching out to a tulip flower in the middle.

The Delhi High Court clarified that prior trademark use is insufficient without proven goodwill in relevant trade or market. The decision in Suparshva Swabs v AGN International highlights the importance of market-specific reputation for passing off claims and sets clear boundaries for allied goods in trademark disputes.

Carnatic Karma: Bengaluru Restaurant Barred from Using ‘Carnatic’ Mark

A lively, illustrated street scene with several small cafés and people dining outdoors

The Delhi Commercial Court ruled in favour of Carnatic Café in a trademark dispute with a Bengaluru restaurant using “CARNATIC.” The Court found clear infringement and upheld the plaintiff’s exclusive rights, awarding damages and making the injunction permanent.

Can You Copyright a Product Photo When Design Is Registered? Madras HC Clarifies

A wooden desk with engineering blueprints and technical drawings spread out. Two printed photographs of a pump assembly lie on the blueprints.

The Madras High Court has clarified that a product photograph can be copyrighted even if the product’s design is registered. The Court held that Section 15(1) of the Copyright Act does not bar copyright in a photograph of a registered design, as the two are distinct forms of intellectual property.