Delhi High Court | Intellepedia

Revocation of Patent on the ground of misrepresentation – Ericsson vs Lava : Part VI

The Delhi High Court in Ericsson vs Lava clarified that revocation of a patent on the ground of misrepresentation requires strong, clear evidence of intentional deceit. In this case, Lava failed to meet the legal threshold, resulting in rejection of its revocation claim.

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

The Delhi High Court has restrained several parties from selling cigarettes using deceptively similar marks to ITC’s Gold Flake brand, citing clear infringement and passing off. This decision underscores the judicial approach to protecting well-known trademarks in India.

Non-use of trademark is not a valid defense against injunction

The Delhi High Court ruled that non-use of a trademark does not automatically bar injunctive relief if deceptive similarity and consumer confusion are present. The Court emphasized that trademark protection persists despite periods of non-use, provided legal criteria for an injunction are satisfied.

No more ‘Social’izing for Social chai

The Delhi High Court has restrained Social Chai from using the “SOCIAL” mark, finding trademark infringement and a likelihood of consumer confusion. The dispute highlights the importance of trademark protection in the restaurant industry.

Well-known mark not a pre-requisite for grant of relief against infringement

This post discusses a Delhi High Court decision on trademark infringement involving the mark “PEBBLE” used by V Guard and Crompton. The Court held that a well-known mark is not necessary for relief under Section 29(4) if reputation in India is proven.

SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5

This post discusses the Delhi High Court’s approach to awarding actual costs in the Ericsson v Lava standard essential patent litigation. It outlines the legal principles applied and analyses the Court’s reasoning, focusing on party conduct and litigation strategy in determining cost awards.

Standard Essential Patents, Claim charts and Infringement – Ericsson v. Lava – Part 4

This post discusses how the Delhi High Court assessed infringement of standard essential patents in Ericsson v. Lava, evaluating claim charts and the two-step infringement test. The court’s structured approach clarifies key aspects of SEP litigation in India.

Are you playing it Safe? Court encourages settlement in a music licensing case.

The Delhi High Court encouraged settlement in a dispute between PPL and Neb Sports over alleged unlicensed public performance of sound recordings at sporting events. The case highlights the importance of copyright compliance for event organisers in India.

Google’s Patent appeal dismissed, fine of 1 Lakh imposed

The Delhi High Court dismissed Google’s appeal against the rejection of its patent application, finding no inventive step over prior art. A fine of Rs.1 lakh was also imposed on Google for incorrect disclosure regarding its European patent application.

Citing gross delay and strong likelihood of confusion, court refuses CEAT’s appeal

The Delhi High Court dismissed CEAT’s appeal against the refusal of its FARMAX trademark, citing substantial delay and likelihood of confusion with prior marks. The court found the marks similar and the goods closely related, upholding the Registrar’s refusal.