Intellectual Property | 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.

Court delivers an ‘Iconic’ ruling in JOLLY RANCHER trademark dispute

**Alt Text:** Two cowboys face off in a sepia-toned standoff, symbolizing a trademark dispute. The cowboy on the left wears a "JOLLY RANCHER" hat and shirt, holding a candy bar. The cowboy on the right wears a "JOLLY RANGER" shirt and holds a gavel, representing legal confrontation.

Gujarat High Court quashes Shiv Textiles’ trademark suit against Iconic IP Interests LLC for lack of Indian jurisdiction and no valid cause of action under CPC.

Mining Hidden IP: Unlocking Untapped Business Value Through Audits

A dimly lit underground mine tunnel with a rusted mining cart in the foreground and two workers in the background wearing safety gear. On the rocky wall to the right, the bold white text reads: 'MINING HIDDEN IP' — symbolizing the concept of uncovering hidden intellectual property.

Most companies miss out on protecting valuable IP. Discover how IP mining uncovers hidden assets and transforms them into business advantages.

Astrology Meets IP – Zodiac Strategies for the Week Ahead (July 13–20, 2025)

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Zodiac meets zero-nonsense legal tips: this IP horoscope arms Indian founders and creatives with sharp, actionable strategies on trademarks, patents, and copyright for the week ahead. No legal or astro advice—just timely, entertaining knowledge sharing for your startup journey.

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.

Trademark Registrations are Pan-India

A satellite view of India at night with illuminated cities, highlighting the phrase "Trademarks are PAN INDIA".

The High Court reinstated an injunction in favour of Rainbow Hospitals, confirming that trademark registrations are pan-India in scope and shield brand owners from dishonest adopters, irrespective of geographical overlap.

Business Potential of Industrial Design in India – An unexplored goldmine

Illustration featuring various product designs—a glass bottle, piggy bank with money, futuristic aircraft wing, and a smartwatch—centered around the phrase "Let's Design" on a blue background, symbolising innovation and industrial design.

Though often overlooked in India, industrial design offers powerful commercial advantages. This blog explores its role in product differentiation, IP protection, and global competitiveness. With increasing design filings and cost-effective registration, it’s time Indian businesses tapped into this underused IP tool.

Astrology Meets IP – Zodiac Strategies for the Week Ahead (June 21–27)

In this week’s IP-Astro post, we explore how cosmic trends align with intellectual property strategies. From contributor agreements and AI content rights to pitch deck protection and brand voice clarity, each zodiac sign gets a dose of planetary humour with legal wisdom. Perfect for creators, founders, and IP lovers alike.

Horizontal to Vertical inversion of letters not a ‘substantial amendment’ of trademark

Delhi High Court sets aside Registrar’s cancellation of a trademark, ruling that vertical inversion of letters is not a substantial amendment under trademark law.

Patent Upheld, Design Dismissed: Dura-Line vs. Jain Irrigation – Part 1: Infringement & Relief

Illustration showing two people in discussion on the left and a justice scale on the right, with the text in between: “Dura-Line to Jain Irrigation: We Patented It. You Replicated It.” on a light green background.

This post analyzes the Delhi High Court’s decision in Dura-Line vs. Jain Irrigation, where the Court found patent infringement but rejected the design infringement claim.