Don’t Mess with the Don: Delhi HC Protects the GODFATHER Trademark
When Cartel Bros launched a Sanjay Dutt-endorsed whisky carrying the GODFATHER trademark, Devans Modern Breweries, owner of the mark for 40 years, went to court. The Delhi High…
Case Reviews
582 articles
3(d) or Not 3(d): That Is the Question Delhi HC Refuses to Answer – For Now
Daewoong Pharmaceutical challenged the Controller's rejection of its crystalline SGLT inhibitor patent before the Delhi High Court. The core question: does improved dissolution and stability satisfy the Section…
Flying Under False Colours: Trademark Passing Off between Registered Mark Owners
When both Reckitt Benckiser India and Sauss Home Products hold registered "Flying Bird" device marks for cleaning products, infringement claims cancel out, making trademark passing off the only…
Rule 45 Evidence Gets Breathing Time in Trademark Proceedings
In the case of Black Diamond Motors Pvt. Ltd. v. Registrar of Trade Marks, Mumbai, the Bombay High Court answered a practical question that often arises in trademark…
Smoking is injurious to health, but patent office cannot decide that!
Philip Morris Products S.A. challenged eight patent refusals at the Delhi High Court, each rejected by the Controller under Section 3(b) of the Patents Act on the ground…
Fresh Hearing, Not Fresh Hunting: Patent Remand After Breach of Natural Justice
In the case of Qualyst Transporter Solutions LLC v. The Assistant Controller of Patents and Designs, the Court dealt with a familiar patent prosecution problem. When a refusal…
Revoked but Not Extinguished: Court Refuses to Kill Laser Patent Infringement Suits
The Bombay High Court refused to summarily dismiss patent infringement suits filed by Bharat Bhogilal Patel against TVS Electronics Ltd. and Kalelkar Surgicals Pvt. Ltd., holding that two…
Bolar Is Not a Blanket: Madras High Court on Vildagliptin API Exports
In the case of Novartis AG v. Venkata Narayana Active Ingredients Pvt. Ltd., the Madras High Court dealt with a familiar pharmaceutical patent question in a concrete factual…
Clocks Don’t Stop for Negligent Agents: Neurocentria Patent Revival Fails
When Neurocentria Inc. sought to revive its Indian patent application by disclaiming its earliest PCT priority date - effectively restarting the clock on missed deadlines; the Delhi High…
Old Invoices, New Trouble: Prior Use Trumps Registration in ATHERMAL Case
In a dispute over the mark ATHERMAL used on welding safety goods, the Delhi High Court set aside a trial court interim injunction against Amit Bansal, finding that…