ITC’s Dakshin Restaurant Case: Too Much Trademark Spice, Too Little Copyright Proof
In the case of ITC Limited and Anr. v. Adyar Gate Hotels Limited, the dispute arose from a restaurant that carried the same name through a long hotel…
Delhi High Court
494 articles
Use It or Lose It: Prior Use Trademark India Principles Seal FIELDMARSHAL Victory for PM Diesels
In a dispute stretching over four decades, the Delhi High Court ruled on the battle between PM Diesels Private Limited and Thukral Mechanical Works over the FIELDMARSHAL trademark…
Your Own Website as Your Worst Enemy: Novamax and the Design Registration Prior Publication Problem
The Delhi High Court has dismissed Novamax Industries LLP's suit for infringement of its cooler design registration, holding that the plaintiff's own invoices and website disclosed the design…
In Vitro, Out of Order: Delhi HC Remands Section 3(i) Diagnostic Methods Patent Refusal in FTIR Skin Cancer Case
The Delhi High Court sets aside the Controller’s blanket refusal of an FTIR spectral analysis patent for skin cancer tissue characterization, holding that the Controller misapplied the Section…
When Six Herbs Walked Into the Patent Office and Synergy Did Not Show Up
In the case of Shaafi Naturcure LLP v Assistant Controller of Patents and Designs, the applicant claimed that six known herbs, when combined in specific proportions, produced a…
Product-to-Claim Mapping: Delhi HC Vacates Biosimilar Injunction on Cancer Drug
The Delhi High Court's Division Bench held that product-to-claim mapping is indispensable for patent infringement, even in anticipatory suits. In a dispute between Zydus Lifesciences and E.R. Squibb…
3(d) or Not 3(d): That Is the Question Delhi HC Refuses to Answer – For Now
Daewoong Pharmaceutical challenged the Controller's rejection of its crystalline SGLT inhibitor patent before the Delhi High Court. The core question: does improved dissolution and stability satisfy the Section…
Flying Under False Colours: Trademark Passing Off between Registered Mark Owners
When both Reckitt Benckiser India and Sauss Home Products hold registered "Flying Bird" device marks for cleaning products, infringement claims cancel out, making trademark passing off the only…
Smoking is injurious to health, but patent office cannot decide that!
Philip Morris Products S.A. challenged eight patent refusals at the Delhi High Court, each rejected by the Controller under Section 3(b) of the Patents Act on the ground…
Absorbable Stent and the Hindsight Trap in Inventive Step Analysis
In the case of Biotyx Medical Shenzhen Co., Ltd. v. Assistant Controller of Patents and Designs, the Delhi High Court dealt with a familiar patent question: can an…