Intellectual Property | Intellepedia

Disco Dancer Copyright in Court: Remake, Adaptation, or Sequel?

In a recent case involving the iconic film Disco Dancer, the Bombay High Court examined whether a stage musical and a proposed new film were a remake, an adaptation, or a sequel. The Court held that the musical was an adaptation covered by Shemaroo’s rights, but refused to restrain the new film since Shemaroo had not pleaded infringement in its plaint. The order pointed out the difference between remake, adaptation, and sequel under Indian copyright law.

Delhi High Court Patent Injunction: Aquestia Wins Against Automat Industries

A 3D-rendered digital image depicting a legal and engineering theme. The foreground shows a judge's gavel resting on legal documents with metal fittings and coins scattered nearby. In the background, mechanical valve systems are integrated with justice scales, symbolizing a legal dispute over industrial components, likely fluid control valves. The scene combines elements of law and technology, representing a patent conflict or court ruling in an engineering context.

Delhi High Court grants patent injunction to Aquestia, stopping Automat from selling Hydromat valves over suspected patent infringement.

Newer ‘Blue-Jay’ Mark knocked off the League

The Delhi High Court has struck down the ‘BLUE-JAY’ trademark, siding with Major League Baseball against PMS Creations. The Court held that MLB’s prior use and transborder reputation trumped the respondents’ registration, which was tainted by dishonesty and bad faith.

Trademark Pride and Precedent: Blenders Pride, London Pride, and Imperial Blue on the Rocks

Illustration of a whisky glass with ice next to the blog title 'Trademark Pride and Precedent: Blenders Pride, London Pride, and Imperial Blue on the Rocks

In the case of Pernod Ricard India Pvt Ltd vs Karanveer Singh Chhabra, the Supreme Court of India considered whether the respondent’s use of the mark “LONDON PRIDE” for whisky prima facie amounted to trademark infringement and passing off. The appellants alleged that the respondent copied elements of their registered marks “BLENDERS PRIDE”, “IMPERIAL BLUE”, and “SEAGRAM’S”, including their packaging, colour scheme, and embossed bottles. After reviewing the arguments and legal framework, the Court declined to grant interim relief, holding that the marks were not deceptively similar and that the term “PRIDE” could not be monopolised.

Patented But Still Infringing: Delhi HC Stops Hydromat Valve Sales

Close-up view of industrial metal control valves and piping system, showing aged and weathered valve wheels used for regulating fluid flow.

In the case of Aquestia Limited vs Automat Industries Private Limited & Ors., the Delhi High Court granted an interim injunction restraining the defendants from manufacturing and selling their ‘Hydromat’ valves. The court held that even a patented product can infringe an earlier patent, and found that the defendants’ valves incorporated the core features of the plaintiff’s fluid control valve patent claims.

Delhi High Court Remands Trademark Applications for Re-Examination

A warning sign with a yellow background and black border displaying the text "WARNING: PROCEDURE LAPSES AHEAD" under a triangular caution symbol, indicating potential procedural errors or issues.

In the case of M/s Kamdhenu Limited v. Union of India & Ors., the Delhi High Court exercised suo moto jurisdiction under Article 226 to address procedural lapses by the Trade Marks Registry in accepting trademark applications. The Court found omissions in the Search Reports and noted the lack of application of mind by the Registry, prompting remand of the applications for fresh examination.

Squibb Secures Interim Injunction Against Zydus in Nivolumab Patent Dispute

Laboratory pipette with DNA and molecular structures representing biotech research

The Delhi High Court has issued an interim injunction restraining Zydus from launching its Nivolumab biosimilar, siding with Squibb’s claim of imminent patent infringement.

Music Creation and Copyright Transfers

A flat digital illustration shows two hands playing a small keyboard, with a floating orange music note and soundwave above. To the right, there is a large “TRANSFER COPYRIGHT” document featuring a treble clef, signature line, copyright symbol, and a pen, symbolizing music creation and copyright transfer.

In the case of Rajesh Jhaveri v. Saregama India Limited & Anr., the Bombay High Court dismissed a bid for interim injunction restraining Saregama from exploiting songs from three albums. The Court held that assignment agreements executed in the late 1980s granted broad rights to exploit the works “by any and every means w

Court Allows Extraordinary Search to Protect Confidential Information

The Delhi High Court has permitted an extraordinary search to protect Ventum Dynamics Limited’s confidential information from potential misuse by a former consultant. The order includes the appointment of a Local Commissioner to inspect the Defendant’s premises and electronic storage, demonstrating robust interim protection for proprietary data.

Refusal without Effective Hearing? Not Valid: Delhi High Court on technical glitches in trademark hearings

In the case of Impresario Entertainment & Hospitality Pvt. Ltd. v. Registrar of Trademarks, the Delhi High Court set aside a refusal of a Class 16 application. In simple terms, the Court said that an order passed without an effective hearing, and without dealing with the documents on file, cannot stand.