Birkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High Court

Birkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High Court Featured image for article: Birkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High Court

In the case of Hermes International & Anr vs Macky Lifestyle Private Limited & Anr, the Delhi High Court examined whether the shape and configuration of the Birkin bag—registered as a three-dimensional mark—met the requirements for being declared a well-known trademark. The court found that the trade dress had acquired widespread recognition in the luxury fashion market among the relevant public making it well known.

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Dr Reddy’s Semaglutide Exports to Continue as Court Denies Interim Relief to Novo Nordisk

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The Delhi High Court refused Novo Nordisk interim relief against Dr Reddy’s, finding that the Semaglutide species patent faces serious validity challenges in light of the earlier genus patent. The Court allowed Dr Reddy’s to continue manufacturing Semaglutide in India solely for export to non-patent jurisdictions, with no domestic sales.

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Descriptiveness and Registrability of Composite Marks in Cancellation Proceedings

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This post analyses a Delhi High Court decision on the registrability of composite marks in trademark cancellation proceedings. It underscores the importance of assessing marks as a whole and the evidentiary role of continuous use in such disputes.

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Delhi High Court Grants Patent Application Restoration After Agent’s Error

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Delhi High Court restores Synertec’s patent application, ruling that agent error, not intent, caused the missed Form-18 deadline.

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Himalaya Trademark Infringement: Delhi HC Grants Injunction

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The Delhi High Court granted an interim injunction to Himalaya Wellness, restraining Greenland Trading from using deceptively similar marks for ayurvedic products. The Court found a clear risk of consumer confusion and dilution of the well-known HIMALAYA trademark.

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Section 3(i) Rejection Set Aside: Court Clarifies Scope of Pharmaceutical Patent Claims

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The Delhi High Court reiterated that a properly drafted pharmaceutical composition claim cannot be dismissed as a “method of treatment” under Section 3(i), and has sent Medilabo’s neurodegenerative drug application back for a full, merits-based examination.

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Delhi HC Grants Injunction in Adidas Counterfeit Socks Case

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The Delhi High Court granted an ex-parte injunction to Adidas in a trademark infringement and passing-off case concerning counterfeit socks. The Court also appointed a Local Commissioner for seizure and inspection, reinforcing strong protection against IP violations.

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BADAL Trademark Rectification and Assignment Fraud

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The Delhi High Court rejected a rectification petition challenging the assignment of the BADAL trademark on grounds of alleged fraud. The Court held that the Petitioner did not submit sufficient evidence to prove fraud or invalidate the registration, upholding the mark’s validity.

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Premji Invest Secures Dynamic Injunction against Fraudsters

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The Delhi High Court granted Premji Invest a dynamic injunction to counteract ongoing impersonation and intellectual property fraud. The order allows real-time blocking of deceptive websites and apps, ensuring robust protection for both the business and the public.

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Dispute Over a Flower: Goodwill in Relevant Trade

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The Delhi High Court clarified that prior trademark use is insufficient without proven goodwill in relevant trade or market. The decision in Suparshva Swabs v AGN International highlights the importance of market-specific reputation for passing off claims and sets clear boundaries for allied goods in trademark disputes.

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