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…
Case Reviews
573 articles
Insufficiency of disclosure: Delhi HC Rejects Counterfeit Detection Patent
The Delhi High Court dismissed an appeal against the rejection of a counterfeit detection patent, finding that the complete specification failed to meet the disclosure standard under Section…
XX Marks the Spot – Did the XX-Rib Design Ever Deserve Its Registration?
The Calcutta High Court has set aside the Deputy Controller's refusal to cancel a registered design for an XX-Rib pattern on TMT construction rods, finding that the Controller…
Chacha in Sarees: Delhi HC on Trademark Distinctiveness
The Delhi High Court's Division Bench has reversed a Commercial Court order that dismissed Chacha Saree Bazar Pvt. Ltd.'s interim injunction application on the ground that "Chacha" is…
Stamp Duty on Copyright Assignment: Calcutta High Court Says Exemption Applies
In the case of M/s. Emami Agrotech Limited v. The Deputy Inspector General of Registration, Range III, Hooghly & Ors., a registered copyright assignment deed led to a…
Prashant Kishor and the Copyright Crime That Wasn’t
In the case of Prashant Kishor v. State of Bihar, a political campaign dispute travelled into criminal law through allegations of stolen intellectual property. The court brought the…
Ilaiyaraaja’s Tune, Saregama’s Recording: Who Gets to Press Play?
In the case of Mr Ilaiyaraaja v. Saregama India Limited, a well known song from Moodu Pani became the centre of a layered copyright dispute. The court separated…
No Right to Be Seen: IndiaMart, ChatGPT, and the Limits of Platform Visibility
In the case of IndiaMart InterMesh Limited v. OpenAI Inc. and Others, the court dealt with a new kind of commercial grievance. IndiaMart did not complain about data…
The P-C Problem: Something that a Trademark Registry Search in 2001 could have prevented
The Delhi High Court has held that Intas Pharmaceuticals' mark CLAVIX constitutes pharmaceutical trademark infringement of Sanofi's blockbuster heart drug mark PLAVIX, differing by just one letter. The…
Philips DVD Standard Essential Patent Damages Reversed After 17 Years
In suits filed as far back as 2009, Koninklijke Philips claimed its DVD decoding patent was a standard essential patent infringed by two Delhi-based manufacturers. The Single Judge…