Delhi High Court | Intellepedia

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

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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

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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.

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 Awards ₹50 Lakh to GSP Crop Science in Patent Infringement Case Over Agrochemical Formula

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Delhi HC orders ₹50 lakh in damages to GSP Crop Science for patent infringement in agrochemicals, affirming seller liability under Indian patent law.

Patented Biologics and Section 104A: No Process Disclosure Without Proving Product Identity

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Roche sued Zydus for infringing its process patent on Pertuzumab. The Delhi High Court held that Roche had not shown Zydus’s biosimilar was identical to its product. Without identity, Section 104A did not apply, and the Court refused to compel Zydus to disclose its manufacturing process.

Dolby v. Lava: INR 20 Crore Deposit Ordered in SEP patent infringement case

Delhi HC directs Lava to deposit ₹20 crore as pro tem security in Dolby’s SEP infringement suit involving AAC audio tech patents.

ORSL vs ERSI: Delhi Court’s Juicy ruling in Johnson & Johnson ORSL Trademark Infringement Case

Delhi HC awards Rs. 1.21 cr to J&J in the ORSL trademark case against ERSI & ElectroORS for deceptive similarity and injunction violations.

Who Bears the Patent Credibility Challenge Burden?

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Mold Tek filed a case for infringement of its patents relating to tamper-proof plastic lids, and secured an interim injunction. The Commercial Court vacated the injunction, placing the burden of establishing validity on the patentee. The Delhi High Court reversed this, clarifying that it is the defendant’s burden to raise a credible invalidity defence under Section 107.

Delhi High Court Revives Crocs’ Passing Off Suits Against Bata, Liberty Over Shape Trademark

A lineup of various footwear styles including sneakers, loafers, and a distinctive green clog resembling a Crocs shoe with cartoonish crocodile teeth, symbolizing Crocs amid competitor brands.

Delhi HC revives Crocs’ passing off suits, affirming coexistence of design and common law rights. Bata, Liberty among accused in shape trademark dispute.