Case Reviews | Intellepedia

‘Sri Sharanam Ayyappa’, ‘Dengue Don’ , and ‘Raashee’, Trademark Case Decisions

This blog post reviews key trademark infringement decisions by Indian High Courts, addressing damages, confusion, and judicial reasoning. It examines cases concerning rice, pan masala, and mosquito repellant trademarks, highlighting legal principles and practical implications for brand owners.

Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench

The Delhi High Court has raised an important question about the proper forum for filing trademark rectification petitions in India. The issue centres on whether jurisdiction should be limited to the High Court overseeing the relevant trademark office or extended to any High Court.

Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

The Delhi High Court has issued an interim injunction against the use of the ‘Candlelight’ trademark for concerts, siding with Fever Labs in a passing off dispute. The ruling highlights the protection of unregistered but distinctive trademarks in India’s live entertainment sector.

Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

The Delhi High Court has ruled that product by process patent claims are to be treated as product claims, not process claims, for both patentability and infringement analysis. This judgment clarifies the legal position and ensures consistent standards for evaluating pharmaceutical and other complex inventions in India.

Use of Akshay Tanna’s persona and reputation on social media for investment scams taken down

The Delhi High Court has ordered the removal of social media accounts impersonating Akshay Tanna for investment scams. The Court granted an exparte injunction, restraining further misuse of his persona for fraudulent purposes.

Patent and Trademark Dispute Settlements

This post examines recent patent and trademark dispute settlements in India, focusing on the legal terms and practical implications. The cases illustrate the advantages of amicable resolution in intellectual property disputes.

Court refuses injunction against Bhanushali’s “Main Atal Hoon”

The Bombay High Court declined to grant an interim injunction against Main Atal Hoon, finding that the film’s content was based on public domain events and thus not subject to copyright infringement. The decision also denied specific performance, citing the impracticality of court supervision in such matters.

Sequoia Trademark on Social Media, Distributor’s Trademark Rights, and Rectification Petition after Suit

This post discusses recent Indian cases on trademark misuse across social media, distributor trademark rights, and procedural nuances of rectification petitions after infringement suits. The analysis highlights significant judicial observations and established legal principles.

Copyrighted Music in Wedding functions: Court orders deposit for Sangeet and Cocktail Parties

The Delhi High Court ordered a deposit for playing copyrighted music during sangeet and cocktail parties, addressing legal exemptions under Indian copyright law. This post examines the Court’s reasoning and the implications for music use at wedding functions.

Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

This post reviews three High Court decisions reversing unreasoned patent refusals in India, focusing on Section 3(d), novelty, and inventive step. The courts stressed the need for considering applicant submissions and proper reasoning in refusal orders.