Case Reviews | Intellepedia

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.

Film Shivajiraje Bhosale Boltoy Fails Copyright Test: Title, Script, and Ads Not Infringing

Yellow banner with a 3D clipboard showing a red X and check marks, alongside the text “Film Shivajiraje Bhosale Boltoy Fails Copyright Test: Title, Script, and Ads Not Infringing.

In the case of Everest Entertainment LLP vs. Mahesh Vaman Manjrekar, the Bombay High Court considered whether copyright subsists in the title Me Shivajiraje Bhosale Boltoy, and whether the defendants infringed the script or promotional content of the film. The Court found no substantial reproduction of the script or advertisements, and held that copyright protection does not extend to the film’s title.

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.

Delhi HC Grants Injunction in Adidas Counterfeit Socks Case

Black and white socks in black background with the title 'Adidas Counterfeit Socks Case' written in bold white font.

The Delhi High Court granted an ex-parte injunction to Adidas in a trademark infringement and passing-off case concerning counterfeit socks. The Court also appointed a Local Commissioner for seizure and inspection, reinforcing strong protection against IP violations.

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.

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.

Madras High Court Overturns Patent Refusal for Ab Initio’s Data Lineage Invention

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Madras High Court patent judgment backs Ab Initio’s data lineage invention, affirming novelty and inventive step in software patents.

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.