Author: Dr. Kalyan Kankanala

Dr. Kalyan Kankanala is a practicing intellectual property (IP) attorney and author. He is a senior partner at BananaIP Counsels, a well-known IP firm based in Bangalore, India. His writings cover a range of topics relating to IP law, business, and policy, and he has authored several books and articles in the field. He has been contributing to this blog since 2007. The views expressed here are his own and do not represent those of BananaIP Counsels or its members.

Trademark Application Alone Not Enough for Infringement Suit

Comic-style image illustrating a courtroom scenario. On the left panel, a judge asks a person, "Have you used the trademark?" The person responds, "No, but I intend to!" In the right panel, the word "DENIED" appears boldly in red letters on a bright yellow background.

In Deepak Kumar Khemka v. Yogesh Kumar Jaiswal & Ors., the Delhi High Court held that filing a trademark application does not amount to trademark infringement. The Court dismissed the suit in limine, reiterating that infringement under the Trade Marks Act arises only from use in trade – not from proposed registration.

No Injunction After Patent Expiry, Holds Delhi High Court

An elderly woman in traditional clothing operates a spinning wheel in a dimly lit room. The word "EXPIRED" is prominently overlaid across the image in bold white letters.

In the case of Kabushiki Kaisha Toyota Jidoshokki v. LMW Limited, the Delhi High Court refused to grant an interim injunction after the expiry of the patent in suit. The Court held that patent rights lapse with expiry and cannot be enforced thereafter.

Delhi HC Remands Oxidation Process Patent Rejection, Cites Invalid Section 2(1)(j) and 59 Findings

Green chalkboard with various hand-drawn organic chemistry structures and chemical equations, including benzene rings, hydroxyl groups, and molecular formulas like N₂ + 3H₂ → 2NH₃, representing chemical reactions and compounds.

In the case of Treibacher Industrie AG v. Assistant Controller of Patents, the Delhi High Court set aside the refusal of a patent application for a catalytic oxidation process. It held that the amended claims qualified as a process invention and were within the permissible scope of amendment under Section 59.

AI Law and Regulation by Jon M Garon: A Highly Recommended Read

Book cover of “Artificial Intelligence Law and Regulation in a Nutshell” by Jon M. Garon, part of the Nutshell Series, published by West Academic. The cover design features a clean white and blue layout with modern typography.

In his book Artificial Intelligence Law and Regulation in a Nutshell, Professor Jon M Garon lays out how legal systems are responding to the rise of AI. The book is clear, practical, and highly relevant. With permission, we are sharing Chapter 9, which outlines a future facing roadmap for AI regulation. This book is a must read for anyone working with or impacted by AI.

When Copyright, AI, and Regulation Interact: Where Does Accessibility Stand?

A friendly blue robot holding a glowing light bulb stands beside the text “When Copyright, AI, and Regulation Interact” written in a bold, stencil-style font on a black background.

In the short time that AI applications and technologies were fully functional, accessibility took a huge step forward by enabling persons with disabilities to create accessible format works. But this seems to be regressing, and unless appropriate steps are taken, the advantage of AI to persons with disabilities may once again be limited to a small percentage of the content being created… Even though the law permits conversion into accessible formats, the tools available to users may no longer support it. This can lead to a situation where a legal right cannot be fully exercised because the available technology, though capable, may no longer facilitate accessible content creation.

Mining Hidden IP: Unlocking Untapped Business Value Through Audits

A dimly lit underground mine tunnel with a rusted mining cart in the foreground and two workers in the background wearing safety gear. On the rocky wall to the right, the bold white text reads: 'MINING HIDDEN IP' — symbolizing the concept of uncovering hidden intellectual property.

Most companies miss out on protecting valuable IP. Discover how IP mining uncovers hidden assets and transforms them into business advantages.

PAAKASHALA Brand Wins Trademark Injunction: Karnataka HC Rules Against Descriptive Use Defense

An artistic and colorful image of various fruits, vegetables, and food items flying or exploding outward from the center. The composition includes items like tomatoes, bell peppers, onions, broccoli, pineapple, bread rolls, and leafy greens, all suspended mid-air. There are also stylized humanoid food figures interacting with the scene, creating a lively and surreal food battle effect against a bright background.

In a dispute over the restaurant brand PAAKASHALA, the Karnataka High Court restrained a Mysuru outlet from using a similar name. The Court found that the plaintiff, a registered trademark owner, had made out a prima facie case of infringement.

Patent Application for System to Locate Users on P2P Networks Refused under Section 3(k)

Wooden cylinders with letters "P2P" symbolizing peer-to-peer networks, placed on a background of dollar bills. Wooden cylinders with letters "P2P" symbolizing peer-to-peer networks, placed on a background of dollar bills.

The Delhi High Court has upheld the refusal of a patent application for a system that locates users on peer-to-peer networks. The Court ruled that the invention was a computer program per se, excluded from patentability under Section 3(k) of the Patents Act.

Employee Free to Join New Firm Despite Employer’s Non-Compete Clause – Delhi High Court

A hand signing an "Employee Non-Compete Agreement" document, overlaid on a black-and-white background of tall office buildings, symbolising corporate employment and legal restrictions.

In a recent case involving a dispute over a non-compete clause, the Delhi High Court ruled that an employer cannot restrain a former employee from joining a new company after the termination of employment. The Court vacated an interim injunction restraining the employee from working with a client of his previous employer.

Fertilizer Patent Case: Court Blocks Sale of ‘Aladdin’ Pending Trial

Illustration of a green fertilizer bag filled with soil and leaves, featuring a prominent green "PATENTED" seal on the front, set against a light beige background.

The Himachal Pradesh High Court granted an interim injunction in favour of SML Limited, restraining the defendants from manufacturing and selling a fertilizer composition under the brand ‘Aladdin’, which was found to prima facie infringe SML’s patented invention. The Court held that the patent had survived multiple oppositions and that the plaintiff had established a strong prima facie case for infringement.