Can trademark rights exist even without continuous commercial use?
Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.
Intellectual Property
3,079 articles
Saint-Gobain Patent Rejection: Delhi HC Finds No Inventive Step in Glass Coating Claim
Delhi HC upholds Saint-Gobain patent rejection, ruling that the glass coating claim lacked inventive step and failed to show technical advancement.
Old Wine in New Bottle: Distillery Waste Patent Denied
Delhi HC affirms rejection of a patent on ZLD process from distillery waste, citing lack of inventive step and application of Section 3(d) of the Patents Act.
Prior user rights prevail over subsequent registration, reiterates court
Delhi HC cancels ‘Ragini’ label for deceptive similarity and copied trade dress, upholding prior user rights of ‘Rani’/‘Rachna’ and ordering Section 57 rectification of the register.
Court Grants ex-parte Order in Favor of Designer Gaurav Gupta
The Delhi High Court granted a permanent injunction and damages to Gaurav Gupta after finding willful trademark, copyright, and design infringement by the defendant. The judgment reinforces the…
Court cancels 75-Year-Old TRIUMPH Trademark for Non-Use in Favor of Triumph Motorcycles
In the case of Triumph Designs Limited v. Tube Investments of India and Anr., the Calcutta High Court addressed two critical issues: whether the petitioner was a person…
Court Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness Test
Delhi HC sets aside patent rejection for IV catheter, citing flawed inventive step analysis under Agriboard test and lack of reasoned decision.
COFSILS v. DOLOSILS: Delhi HC Rules in Favour of Cipla
The Delhi High Court granted an interim injunction against Micro Labs, finding DOLOSILS products deceptively similar to Cipla’s COFSILS range in trademark and packaging. The matter proceeds to…
No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case
In the case of Helsinn Healthcare SA vs AET Laboratories, the Delhi High Court declined to entertain a patent infringement action filed in anticipation of future infringement. The…
Delhi High Court Grants Permanent Injunction in LAHORI ZEERA Trademark Infringement Case
Delhi HC restrains Balaji Foods from using the LAHOR ZEERA mark, upholding Archian Foods’ IP rights over LAHORI ZEERA’s trademark, label, and design.