Case Reviews | Intellepedia

Supreme Court Upholds Free Speech in Wikimedia Case, Sets Aside Takedown Order

In a clear endorsement of constitutional protections in the digital realm, the Supreme Court set aside a Delhi High Court directive requiring removal of Wikipedia content related to a defamation suit. The Court held that such pre-emptive takedown orders, absent a compelling constitutional basis, violate the freedoms guaranteed under Articles 19 and 21, and cannot be sustained within India’s legal framework.

Decades of Himalaya’s Goodwill Shield PILEX Trademark from Deceptive Use

Text says “PILEX” by Himalaya Stands Tall Against Imitators, with mountains in the background and a hand holding a pill on the right.

The Calcutta High Court’s Intellectual Property Rights Division upheld Himalaya’s trademark “PILEX”, citing decades of goodwill and market presence. With the defendants ceasing use and offering an unconditional undertaking, the Court ordered relief and reinforced the legal significance of brand protection in pharmaceuticals.

What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation

A cigarette crossed out with a red prohibition sign, flanked by comic-style text bubbles reading "WHAT?" on the left and "WHY!" on the right, against a blue background

The Calcutta High Court has criticised the arbitrary rejection of a tobacco syrup patent by the Indian patent office, urging objective analysis over personal bias. It held that Section 3(b) must not be misused to deny legitimate inventions without proper legal scrutiny and evidence.

Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High Court

3D molecular structure with colored spheres representing atoms (carbon, hydrogen, oxygen, nitrogen) on the left, accompanied by bold black text on a light beige background that reads: 'Failure to Consider Post-Filing Data Violates Natural Justice'

The Calcutta High Court has reiterated that failure to consider post-filing data in patent applications breaches natural justice. In the Takeda case, it found the refusal of a patent for Brigatinib unjustified due to the Controller’s oversight of vital evidence and remanded the matter for reevaluation.

Wipro Secures Court Victory Against Trademark Infringement

Illustration with headline "Wipro Prevails in Court Against Fraudulent Use of Its Trademark" in blue capital letters. On the right, a stylized graphic shows a person climbing a bar chart with an upward trend line, reaching for a trophy with a star.

Wipro achieved a legal victory in Bangalore District Court against trademark infringement. The Court granted a permanent injunction to protect Wipro’s brand from fraudulent online schemes.

Patent Rejection for Vehicle Monitoring System reversed by Court

Illustration of a delivery rider on a red scooter emerging from a mobile phone screen with a GPS map, spotlighting the text 'TVS Patent finds its way in Court!' alongside a gavel icon, symbolizing legal proceedings.

The Madras High Court allowed the appeal filed by TVS Motor Company against the rejection of its patent application pertaining to a Vehicle Monitoring System. The Court observed that the Controller had not adequately examined the validity of the cited prior art and had failed to provide a reasoned analysis with respect to the inventive step. Consequently, the matter was remanded to a different Controller for fresh consideration.

Numerical Trademarks and Their Registrability: A Review of the 2929 Case

A stylized illustration of a black steam locomotive pulling four red cargo wagons. Each wagon is labeled with a large white number: 555, 501, 91, and 2929, respectively, from front to back. The train and its wagons symbolize the addition of "2929" numerical trademark to the existing numerical trademarks registered with the Trademark office.

The Delhi High Court has recently allowed the registration of the numerical mark ‘2929’ for cosmetic products. The Court stated that numerals can function as any other trademarks if they are distinctive. In the case, the Court overturned the decision of the Registrar of Trademarks that rejected the 2929 mark on the ground that numeral marks are not distinctive and therefore, cannot be registered.

Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High Court

Gavel, law books, and justice scale beside the text "Revocation Is Distinct from Invalidity Defence and Survives Patent Expiry, Rules Delhi High Court" on a dark blue background.

The Delhi High Court held that a revocation petition under Section 64 of the Patents Act is distinct from an invalidity defence under Section 107 and remains valid post-patent expiry. The Court emphasized the broader legal impact of revocation, affirming its maintainability even when the patent has lapsed.

PS2 Copyright Case: AR Rahman vs Dagar Brothers — Delhi HC Orders Credit, ₹2 Cr Deposit

Illustration of Indian classical musicians playing traditional instruments, with a banner headline about the PS2 copyright case between AR Rahman and Dagar Brothers, highlighting Delhi High Court’s order for credit, ₹2 crore deposit, and ₹2 lakh costs.

In a major copyright case over Ponniyin Selvan 2’s song “Veera Raja Veera,” the Delhi High Court ruled partially in favour of Ustad Faiyaz Wasifuddin Dagar against A.R. Rahman and others, ordering credits to the Junior Dagar Brothers, a ₹2 crore deposit, and ₹2 lakh costs.

Can an Oversight by a Patent Agent Be a Ground for Abandoned Patent Application Revival?

Can Oversight by Patent Agents Be Grounds for Patent Application Revival?

Delhi High Court restores Ciena’s patent after agent oversight, affirming that patent application revival is possible under bona fide errors. Recognizing the global pursuit and lack of intent to abandon, the Court set aside the IPO’s order and allowed a fresh response to the FER.