Tag: Delhi High Court

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

A joyful young man holding a jar of Nutella with a spoon in mid-air, surrounded by swirling ribbons of chocolate in a dreamy, artistic background. Featured image for article: 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.

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

Wooden letter tiles arranged to spell "SELLER LIABILITY," highlighting the concept of seller liability in Patent infringement cases Featured image for article: Court Awards ₹50 Lakh to GSP Crop Science in Patent Infringement Case Over Agrochemical Formula

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

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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.

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

Cartoon depiction of a boxing match between two juice box characters representing "ORSL" (blue) and "ERSI" (orange), symbolizing a trademark dispute. Both cartons wear boxing gloves and shoes, standing in a ring with splashes of juice and torn labels around, reflecting a legal battle over brand similarity. Featured image for article: 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.

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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.

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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. Featured image for article: Delhi High Court Revives Crocs’ Passing Off Suits Against Bata, Liberty Over Shape Trademark

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

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Delhi High Court Allows Claim Amendment During Appeal in Albemarle Patent Case

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The Delhi High Court allowed Albemarle Corporation to amend claims at the appellate stage, and remanded the matter back to the Patent Office for re-examination.

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Technical Delay Cannot Lead to Trademark Opposition Abandonment

Image accompanying blog post on "Technical Delay Cannot Lead to Trademark Opposition Abandonment." Featured image for article: Technical Delay Cannot Lead to Trademark Opposition Abandonment

The Delhi High Court held that procedural lapses, such as failing to file an original affidavit on time, cannot justify abandonment of trademark opposition if there is clear intent to comply. The judgment underscores the primacy of substantive rights over minor technicalities in Indian trademark law.

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