Intellectual Property | Intellepedia

Can trademark rights exist even without continuous commercial use?

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Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.

Saint-Gobain Patent Rejection: Delhi HC Finds No Inventive Step in Glass Coating Claim

Illustration of a judge holding a gavel beside broken glass shards, with the text "Delhi High Court Rejects Saint-Gobain's Patent Application on Glass Coatings Due to Lack of Inventive Step" on a pastel gradient background.

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

Two bottles are placed side by side against a muted background. The bottle on the left is labeled "DISTILLERY WASTE" and contains a dark liquid, while the bottle on the right is labeled "PATENT DENIED" and also contains a similar dark liquid.

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

Cartoon-style image inspired by the Bollywood song "Saree Ke Fall Sa," featuring a woman (Sonakshi Sinha) in a neon green and pink saree and a man (Shahid Kapoor) in a grey outfit dancing against a blue background. Both are mid-step, with expressive hand gestures. Musical notes on the left include the text “Saree ke Fall ka match kiya re...”

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

Fashion design process illustration showing dress pattern sketches, a designer drawing a dress on paper with sewing tools, and outlines of accessories like bags, shoes, and hats.

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 legal remedies available to fashion designers in India for protecting their intellectual property rights.

Court cancels 75-Year-Old TRIUMPH Trademark for Non-Use in Favor of Triumph Motorcycles

A red Triumph motorcycle parked on a scenic road with a backdrop of green fields, forest, and majestic mountain ranges under a bright blue sky with scattered clouds.

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 aggrieved under Section 47 of the Trademarks Act, and whether the TRIUMPH mark had been unused for a statutory period justifying its cancellation.

Court Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness Test

A nurse applies an intravenous catheter to a patient's arm while seated on a couch,

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

Image of two masked people holding bottle and tablet pack each and a masked onlooker observing them in a background with medicines on shelves.

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 mediation with controlled stock exhaustion allowed.

No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case

A stylized laboratory scene showing a large blue capsule being constructed by steampunk-style mechanical arms, with sparks flying. A wooden sign next to the capsule reads "UNDER CONSTRUCTION," symbolizing a drug still in development. Various lab equipment is visible in the background.

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 Court examined the territorial reach of Indian courts in web-based patent matters and reaffirmed the principles required to sustain quia timet actions.

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.