Intellectual Property | Intellepedia

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.

Will Intellectual Property Still Matter in 2034?

The Pathfinders 2034 report looks ahead to two possible futures for intellectual property — one fragmented and dominated by AI at the cost of human creativity, and another connected, inclusive, and balanced. While it sets out clear action points for governments, it rests on two untested assumptions: that IP drives innovation and creativity, and that it must remain central, merely adapting to new technologies. Without asking whether IP truly encourages human ingenuity in an AI driven world, or recognising its costs to access, public welfare, and follow on work, the vision risks repeating old mistakes. What is needed is a balanced, evidence based view that serves creativity, innovation, and the public good together.

Internet rights in cinematographic films – Vasuki, Shenbaga Kottai, and Dubai Rani copyright infringement case

The Madras High Court, in a copyright infringement case involving Tamil films Vasuki, Shenbaga Kottai, and Dubai Rani, held that the plaintiff is the sole copyright owner of the internet rights and restrained the defendants from online exploitation. The Court awarded nominal damages for infringement.

Trademark Application Alone Not Enough for Infringement Suit

Comic-style image illustrating a courtroom scenario. On the left panel, a judge asks a person, "Have you used the trademark?" The person responds, "No, but I intend to!" In the right panel, the word "DENIED" appears boldly in red letters on a bright yellow background.

In Deepak Kumar Khemka v. Yogesh Kumar Jaiswal & Ors., the Delhi High Court held that filing a trademark application does not amount to trademark infringement. The Court dismissed the suit in limine, reiterating that infringement under the Trade Marks Act arises only from use in trade – not from proposed registration.

No Injunction After Patent Expiry, Holds Delhi High Court

An elderly woman in traditional clothing operates a spinning wheel in a dimly lit room. The word "EXPIRED" is prominently overlaid across the image in bold white letters.

In the case of Kabushiki Kaisha Toyota Jidoshokki v. LMW Limited, the Delhi High Court refused to grant an interim injunction after the expiry of the patent in suit. The Court held that patent rights lapse with expiry and cannot be enforced thereafter.

Delhi HC Remands Oxidation Process Patent Rejection, Cites Invalid Section 2(1)(j) and 59 Findings

Green chalkboard with various hand-drawn organic chemistry structures and chemical equations, including benzene rings, hydroxyl groups, and molecular formulas like N₂ + 3H₂ → 2NH₃, representing chemical reactions and compounds.

In the case of Treibacher Industrie AG v. Assistant Controller of Patents, the Delhi High Court set aside the refusal of a patent application for a catalytic oxidation process. It held that the amended claims qualified as a process invention and were within the permissible scope of amendment under Section 59.

AI Law and Regulation by Jon M Garon: A Highly Recommended Read

Book cover of “Artificial Intelligence Law and Regulation in a Nutshell” by Jon M. Garon, part of the Nutshell Series, published by West Academic. The cover design features a clean white and blue layout with modern typography.

In his book Artificial Intelligence Law and Regulation in a Nutshell, Professor Jon M Garon lays out how legal systems are responding to the rise of AI. The book is clear, practical, and highly relevant. With permission, we are sharing Chapter 9, which outlines a future facing roadmap for AI regulation. This book is a must read for anyone working with or impacted by AI.

Sweet victory and Sweeter rewards – court declares NUTELLA well-known Trademark

Delhi HC grants Ferrero ₹30 lakh in damages, declaring ‘NUTELLA’ a well-known trademark in a major counterfeit case against M.B. Enterprises.

Court delivers an ‘Iconic’ ruling in JOLLY RANCHER trademark dispute

**Alt Text:** Two cowboys face off in a sepia-toned standoff, symbolizing a trademark dispute. The cowboy on the left wears a "JOLLY RANCHER" hat and shirt, holding a candy bar. The cowboy on the right wears a "JOLLY RANGER" shirt and holds a gavel, representing legal confrontation.

Gujarat High Court quashes Shiv Textiles’ trademark suit against Iconic IP Interests LLC for lack of Indian jurisdiction and no valid cause of action under CPC.

Atomberg fans or Luker fans, whose “fan” are you?

Two futuristic pedestal fans labeled "Atomberg" and "Luker" face each other in a dark, dramatic setting. The Atomberg fan glows with blue neon light, while the Luker fan glows red. Wind blasts collide in the center, scattering debris and creating visible sparks, symbolizing intense rivalry or conflict.

The Bombay High Court dismissed Atomberg’s appeal against the denial of an interim injunction in a design infringement case against Luker. The court ruled that Atomberg’s fan design lacked novelty due to prior publication and was merely a trade variant.