Smoking Tobacco, Foiling Obviousness
Philip Morris’s patent concerned a tobacco article meant to be heated electrically, with a wrapper designed to make it harder to ignite with a flame. ITC argued that…
Case Reviews
627 articles
Trademarks and Company Names in the DNA Forensics Dispute
Can a company resist a name-change direction because another company’s complaint set the process in motion? In this dispute between two DNA testing companies, the Delhi High Court…
Empty Jars, Full Infringement: Delhi High Court Rules on Nutella Jar Trademark Infringement
Ferrero S.P.A. took on jar manufacturers before the Delhi High Court over a Nutella jar trademark infringement dispute involving lookalike glass jars sold industry-wide as “Nutella jars.” The…
A Brush with NEEM: Jyothy Gets Interim Trademark Protection Against Dabur
Dabur’s NEEM toothpaste met a legal brush with Jyothy’s registered marks. The Bombay High Court found a prima facie case of infringement and passing off concerning Dabur’s prominent…
Who Moved My Copyright? The Author, the Publisher and the Missing Assignment Deed
In the case of Pares Chandra Das & Anr. v. New Central Book Agency Private Limited & Ors., the author wrote the books, licensed their publication, stated that…
Photographer Copyright: Clicked by One, Owned by Another?
In the case of The Cinema Resource Centre v. Ganga Rudraiah, an album of film photographs travelled into an archive after being purchased from a scrap dealer. The…
Barbecue vs Barbeque: Bombay High Court Grills Trial Court Over Trademark Injunction Denial
When a Nagpur eatery's three-decade-old 'Barbecue' brand collided with a cloud kitchen's 'Barbeque Gokulpeth' listing on Zomato and Swiggy, the Bombay High Court's Nagpur Bench had to decide…
Two Painkillers, One Crystal, Zero Patent
Esteve Pharmaceuticals took its rejected co-crystal patent for tramadol and celecoxib to the Delhi High Court, arguing the combination showed real synergy. The court had to decide whether…
DABUS Can Create, but Can It Author? India Decides the AI Copyright Question
An artwork generated by DABUS cleared the limited originality threshold under Section 13, but the application to register it still failed. An AI system is neither a natural…
Clicks vs Courts – Delhi High Court Sends Territorial Jurisdiction in Online IP Suits to a Larger Bench
When Hindustan Unilever sued Kwick Living over an ad campaign disparaging Vim and Surf Excel, a fight over territorial jurisdiction in IP suits eclipsed the merits. Facing conflicting…