Case Reviews | Intellepedia

Who Bears the Patent Credibility Challenge Burden?

A photo featuring Auguste Rodin's sculpture The Thinker positioned outdoors against a backdrop of green trees and blue sky. On the left side, there is a dense leafy tree, while on the right, a classical stone building with columns is partially visible.

Mold Tek filed a case for infringement of its patents relating to tamper-proof plastic lids, and secured an interim injunction. The Commercial Court vacated the injunction, placing the burden of establishing validity on the patentee. The Delhi High Court reversed this, clarifying that it is the defendant’s burden to raise a credible invalidity defence under Section 107.

PAAKASHALA Brand Wins Trademark Injunction: Karnataka HC Rules Against Descriptive Use Defense

An artistic and colorful image of various fruits, vegetables, and food items flying or exploding outward from the center. The composition includes items like tomatoes, bell peppers, onions, broccoli, pineapple, bread rolls, and leafy greens, all suspended mid-air. There are also stylized humanoid food figures interacting with the scene, creating a lively and surreal food battle effect against a bright background.

In a dispute over the restaurant brand PAAKASHALA, the Karnataka High Court restrained a Mysuru outlet from using a similar name. The Court found that the plaintiff, a registered trademark owner, had made out a prima facie case of infringement.

Delhi High Court Revives Crocs’ Passing Off Suits Against Bata, Liberty Over Shape Trademark

A lineup of various footwear styles including sneakers, loafers, and a distinctive green clog resembling a Crocs shoe with cartoonish crocodile teeth, symbolizing Crocs amid competitor brands.

Delhi HC revives Crocs’ passing off suits, affirming coexistence of design and common law rights. Bata, Liberty among accused in shape trademark dispute.

Delhi High Court Allows Claim Amendment During Appeal in Albemarle Patent Case

The Delhi High Court allowed Albemarle Corporation to amend claims at the appellate stage, and remanded the matter back to the Patent Office for re-examination.

Technical Delay Cannot Lead to Trademark Opposition Abandonment

The Delhi High Court held that procedural lapses, such as failing to file an original affidavit on time, cannot justify abandonment of trademark opposition if there is clear intent to comply. The judgment underscores the primacy of substantive rights over minor technicalities in Indian trademark law.

Pisco Grape Spirit GI Battle: Delhi High Court Rules in Peru vs Chile Case

Two bottles and two glasses of Pisco labeled "Peruvian Pisco" and "Chilean Pisco" are displayed on a table set against a scenic vineyard backdrop at sunset, symbolizing the geographical indication dispute between Peru and Chile.

In a case involving competing claims over the geographical indication (GI) “Pisco” for grape spirit, the Delhi High Court recently upheld Chile’s registration and dismissed Peru’s challenge.

Fake Volvos Got Legally Grilled: A Trademark Tale Gone Off Route

Volvo clamps down on fake buses mimicking the grille slash mark, reinforcing trademark law’s role in consumer protection and brand integrity.

Patent Application for System to Locate Users on P2P Networks Refused under Section 3(k)

Wooden cylinders with letters "P2P" symbolizing peer-to-peer networks, placed on a background of dollar bills. Wooden cylinders with letters "P2P" symbolizing peer-to-peer networks, placed on a background of dollar bills.

The Delhi High Court has upheld the refusal of a patent application for a system that locates users on peer-to-peer networks. The Court ruled that the invention was a computer program per se, excluded from patentability under Section 3(k) of the Patents Act.

Trademark Registrations are Pan-India

A satellite view of India at night with illuminated cities, highlighting the phrase "Trademarks are PAN INDIA".

The High Court reinstated an injunction in favour of Rainbow Hospitals, confirming that trademark registrations are pan-India in scope and shield brand owners from dishonest adopters, irrespective of geographical overlap.

Coca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step Analysis

A row of classic Coca-Cola glass bottles with red labels and caps, placed against a bright yellow background.

Delhi HC overturned Coca-Cola’s patent refusal, stressing the need for detailed inventive step analysis in patent decisions.