Case Reviews | Intellepedia

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

Illustration of judges giving thumbs up, overlaid on a futuristic data center with digital graphics representing data flow and technology

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.

FMC Corporation’s Plea to Block Natco’s Cyantraniliprole Insecticide Formulation Denied

Chemical formula backdrop with text Natco wins dispute over Cyantraniliprole intermediate patent

Delhi High Court refused FMC’s interim plea on a Cyantraniliprole intermediate, citing credible invalidity under Sections 64(1)(a) and 64(1)(e) and a tenable Gillette defence. With expiry close, damages suffice rather than an injunction.

Can You Copyright a Product Photo When Design Is Registered? Madras HC Clarifies

A wooden desk with engineering blueprints and technical drawings spread out. Two printed photographs of a pump assembly lie on the blueprints.

The Madras High Court has clarified that a product photograph can be copyrighted even if the product’s design is registered. The Court held that Section 15(1) of the Copyright Act does not bar copyright in a photograph of a registered design, as the two are distinct forms of intellectual property.

Court Clarifies Rules on Confidentiality Clubs and Comparable Licenses in SEP Patent Disputes: Nokia v. Asustek & Ors (2025)

Cartoon banner showing a blond boy holding a finger to his lips in a “shhh” gesture, beside a speech bubble that reads “Shhhhhh..!! It’s Confidential…” on a purple-to-yellow gradient background.

Delhi Hight Court clarifies SEP rules on Confidentiality Clubs and license redactions in Nokia v. Asustek, allowing in-house access without restrictions.

Copyright Ownership in Insolvency: How IP Rights Acquired Through Compromise Prevail Over Legal Heirs

Film studio setup with professional lighting and camera equipment and text stating, 'Copyright ownership in insolvency : unveiling IP rights in dispute'

The Madras High Court confirmed that copyright ownership in insolvency acquired through a court approved compromise takes precedence over claims by legal heirs. The plaintiff was granted a permanent injunction, accounting of profits, and costs, while compensatory damages were denied due to insufficient evidence

Court Allows EMD Millipore’s IR Spectroscopy Patent, Clarifies Scope of Sections 3(i) and 59

Blue DNA banner for article on EMD Millipore v. Controller of Patents interpreting Section 3(i) of the Patents Act.

Delhi HC green-lights EMD Millipore’s IR spectroscopy patent and narrows the sweep of Section 3(i), while affirming compliant claim amendments under Section 59.