The Calcutta High Court overturns OCV patent rejection, reinforcing ‘teaching away’ doctrine, inventive step analysis, and Section 3(e) interpretation.
Read more about Shattering one order at a time – Court allows appeal against refusal of glass fiber patentCategory: Intellectual Property
Same MAXO, New Spy: When a Mosquito Repellent Became a Camera and Trade Mark Law Stepped In
In the case of Jyothy Labs Limited vs Gautam Kumar, the court examined whether embedding spy cameras inside MAXO mosquito repellent machines and selling them online could be justified as resale, or whether such conduct crossed into trade mark infringement, trade dress misuse, and passing off.
Read more about Same MAXO, New Spy: When a Mosquito Repellent Became a Camera and Trade Mark Law Stepped InSame Hair, Same Care, Same Jasmine: Too Familiar for Trade Mark and Copyright Comfort
In the case of Marico Limited vs Minolta Natural Care, the court examined whether the defendants’ Jasmine and Hair Protection hair oil products unlawfully copied the distinctive trade dress, logos, and packaging of the plaintiff’s well known Jasmine and Hair and Care hair oil products sold under the Parachute house mark, and granted interim relief to the plaintiff.
Read more about Same Hair, Same Care, Same Jasmine: Too Familiar for Trade Mark and Copyright ComfortDelhi HC bars ‘Khadi Veda’ for infringing KVIC’s KHADI mark
An ex parte ad interim injunction was granted in a trade mark infringement suit concerning KVIC’s KHADI mark. Use of KHADI VEDA and related domain names and online listings was restrained.
Read more about Delhi HC bars ‘Khadi Veda’ for infringing KVIC’s KHADI markYou Can’t Live with Liv 333: When Trademark Similarity Turns Costly
In the case of Rajasthan Aushdhalaya Private Limited vs Himalaya Global Holdings Ltd, the Delhi High Court Division Bench examined an appeal against a final decree passed by a Single Judge in a trademark infringement suit. While affirming the injunction against the use of Liv 333, the Division Bench reiterated settled principles on trademark protection, dominant features, and infringement, and looked at the basis on which damages and costs were imposed.
Read more about You Can’t Live with Liv 333: When Trademark Similarity Turns CostlyIf You List It, They Might Sue: Trademark Infringement, Place of Business, and Online Access
In the case of Kohinoor Seed Fields India Pvt Ltd vs Veda Seed Sciences Pvt Ltd, the Delhi High Court Division Bench provided a structured analysis of what constitutes territorial jurisdiction in trademark infringement actions after examining the plaintiff’s principal office, online listings, and the role of marketing agreements.
Read more about If You List It, They Might Sue: Trademark Infringement, Place of Business, and Online AccessBLUE JAYS vs BLUE-JAY: Delhi HC on Bad Faith and Trans-Border Goodwill
In Mr. Sumit Vijay & Anr. v. Major League Baseball Properties Inc. & Anr., the Delhi High Court clarified that global fame alone does not establish trademark rights in India. The ruling in BLUE JAYS vs BLUE-JAY underscores the need to prove use and goodwill within India to succeed in cancellation and passing off claims.
Read more about BLUE JAYS vs BLUE-JAY: Delhi HC on Bad Faith and Trans-Border Goodwill“Little Hearts”, Big Infringement: Delhi HC Injunction
An ad interim injunction was granted by the Delhi High Court in a dispute concerning the “Little Hearts” mark, 3D biscuit shape, trade dress and product images. Amazon was directed to delist the infringing listings pending further orders.
Read more about “Little Hearts”, Big Infringement: Delhi HC InjunctionSafeguarding Digital Identity in the age of Deepfakes: An analytical study of AI regulation in India with special reference to Personality Rights jurisprudence
How India’s courts and policymakers are grappling with deepfakes, celebrity personality rights, and the urgent need for a modern legal framework to regulate GenAI misuse.
Read more about Safeguarding Digital Identity in the age of Deepfakes: An analytical study of AI regulation in India with special reference to Personality Rights jurisprudenceInventive Step Misjudged? Delhi HC Revives Trident’s Patent Application
Delhi HC revives Trident’s patent application, citing flaws in the inventive step analysis of its air-rich yarn invention.
Read more about Inventive Step Misjudged? Delhi HC Revives Trident’s Patent Application