Case Study

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TTK Prestige Prevails in Its Quest For the Use Of “Prestige”

The case involves a dispute over the infringement of TTK Prestige's trademark and passing off of their products by KK & Company Delhi Pvt Ltd. TTK Prestige claimed that the use of the word "Prestige" by the defendants was an infringement of their trademark and causing confusion among customers, leading to loss of business. The Delhi High Court held that the defendant had failed to provide sufficient evidence to prove their claim of being a continuous user of the trademark…

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Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

Recently in a trademark infringement case between Hermès International & Anr. v. Crimzon Fashion Accessories Private Limited, the Delhi High Court ruled that the “H” mark of the French Luxury brand Hermès International is a well-known mark, after ordering a permanent injunction against Crimzon for infringing use of the mark on its website. Continue Reading Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

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Battle over Khan Chacha Trademark

The Battle over “KHAN CHACHA” Trademark

The Delhi High Court, recently granted an ex parte interim injunction to the plaintiff Gupta And Gupta Pvt Ltd, restraining the defendants from using the mark “KHAN CHACHA”. The court observed that in cases involving trademarks or copyrights, an injunction is usually granted regardless of any delay in taking a legal action. This blog is a summary of the case so far. Continue Reading The Battle over “KHAN CHACHA” Trademark

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Accessibility is Mandatory for Businesses says CCPD

Accessibility is Mandatory for Businesses says CCPD

In a recent recommendation, the Chief Commissioner for Persons with Disabilities (CCPD) stated that private establishments such as businesses, societies, associations, and so on are bound by the accessibility requirements under the Rights of Persons with Disabilities Act, 2016 (the "RPwD Act"). It concluded in a case filed by Mr. Rahul Bajaj, an upcoming IP attorney, against Practo Technologies Private Limited ("Practo") and the Director General of Health Services ("DGHS"). In the case, Mr. Bajaj argued that the Practo application,…

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High Court remands Patent Office's Legally Infirm and Unreasoned Order

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

In a recent case decided by the Delhi High Court in Best Agrolife Limited vs. Deputy Controller of Patents and Anr., the Court remanded an order of patent grant by the Patent Office for a fresh consideration because the order was legally infirm and unreasoned, resulting in violation of principles of natural justice. The order was related to a patent application filed by GSP Crop Science, concerning a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The Petitioner in this case, Best…

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Image accompanying blogpost on "Latest Patent Cases in 2022 - Part 1"

Latest Patent Cases in 2022 – Part 1

This running post provides a summary of the latest patent cases decided by courts in India in 2022: MSN Laboratories Pvt. Ltd v. Novartis Ag. The present suit was an appeal filed before the High Court of Telangana against an ad interim injunction order passed by the City Civil Court, Hyderabad. The lower court held that the Novartis Ag had established prima facie case of infringement against MSN Laboratories Private Limited. Novartis Ag filed the suit concerning a novel and inventive…

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Image featuring case brief KHADI & VILLAGE INDUSTRIES COMMISSION VS. RAMAN GUPTA AND ORS.

CASE BRIEF: KHADI & VILLAGE INDUSTRIES COMMISSION VS. RAMAN GUPTA AND ORS.

Decided by the High Court of Delhi on 4th March, 2022.   FACTS The Plaintiff, Khadi and Village Industries Commission, established in the year 1956 was a registered proprietor of various words marks and device marks. Its products bore the mark “KHADI” in both English and Hindi as well as in artistic and logo form along with the Charkha Logos. The Plaintiff not only dealt with the products of Khadi but also with various medicinal products and were regulated and promoted by…

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Patent Infringment article published by BananaIP

Hinged and Immobilized Differently, but Infringes Patented Dolly

The plaintiff in this case filed an infringement suit against the defendants, users and suppliers of products covered under the Patent 214088 dated 13th March 2002 titled 'Carriage for the horizontal transfer of motor vehicles in automatic mechanical car parks.' The claims in the patent relate to a self-propelled carriage on wheels, for horizontal transfer of motor vehicles by lifting two or more wheels, in single or multi automatic mechanical car parks. The product is commonly known as a 'Dolly'…

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Image accompanying blogpost on "CASE BRIEF: Samir Kasal vs Prashant Mehta & Ors."

CASE BRIEF: Samir Kasal vs Prashant Mehta & Ors.

 Decided by High Court of Delhi on 19th January 2022. Facts The Plaintiff conceptualized a cricket league format wherein famous retired cricket players would play Test format of cricket with two innings of 10 (ten) overs each. The Plaintiff’s idea intended to exploit the interest in cricket of Indians residing in non-cricket playing countries. The Plaintiff started building up on the concept with the Defendants, and began correspondence with the requisite authorities and people to be involved. The format and information…

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Image accompanying blogpost on "CASE BRIEF: Renaissance Hotel Holdings Inc. vs B. Vijay Sai and Ors."

CASE BRIEF: Renaissance Hotel Holdings Inc. vs B. Vijay Sai and Ors.

Decided by Supreme Court of India on 19th January 2022 (Reportable) Facts The Appellant, proprietor and holder of the trademark ‘RENAISSANCE’, had filed a suit against the Respondents for a permanent injunction against the use of the allegedly infringing trademark ‘SAI RENAISSANCE’, as well as any other mark identical to the Respondents’ mark, ‘RENAISSANCE’. The Appellant discovered two hotels being run by the Respondents, in Bangalore and Puttaparthi, and noted that it copied the style, signage, and the word ‘RENAISSANCE’. The Respondents’…

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