Nuziveedu Seeds Pvt. Ltd. Vs The Protection of Plant Variety and Farmers Rights Authority

The Significance of DUS (Distinctiveness, Uniformity, and Stability) Test in the Protection of Plant Variety Act

Abstract:

The Judgement discussed herein delves into the pivotal role played by the "DUS (Distinctiveness, Uniformity, and Stability) Test" in the registration process of plant varieties under the Protection of Plant Variety Act. Through the lens of five writ petitions brought before the Hon'ble High Court of Delhi, the article scrutinizes the question of whether the DUS Test is a prerequisite before the publication of a Plant Variety application.

Introduction:

The Protection of Plant Variety Act aims to safeguard the rights of plant breeders and promote the development of new plant varieties. Central to this regulatory framework is the DUS Test, a comprehensive examination that assesses the distinctiveness, uniformity, and stability of a plant variety. This article explores the legal significance of the DUS Test, focusing on its role in the pre-publication stage of a Plant Variety application.

The Writ Petitions:

Five writ petitions before the Hon'ble High Court of Delhi raised a fundamental query: Does the DUS Test need to be conducted before the publication of a Plant Variety application? The controversy revolved around the advertisement of five plant varieties, namely MRC 7351 BGII, MRC 6322 Bt, MRC 7383 BG II, MRC 6918 Bt, and MRC 7301 BG II. The petitioners argued that these applications were erroneously advertised without undergoing the essential DUS Test.

Legal Precedent:

The Hon'ble High Court of Delhi, referring to a prior judgment reported as "262 (2019) DLT 411 in the case of Pioneer Overseas Corporation Vs. Chairperson Protection of Plant Varieties Rights", upheld the significance of the DUS Test. The court, in the earlier case, had established that Section 19 of the Protection of Plant Variety Act mandates the completion of the DUS Test before the advertisement of a plant variety application.

Judicial Analysis:

The Hon'ble Single Judge, presiding over the five writ petitions, concurred with the precedent and emphasized the mandatory nature of the DUS Test before the advertisement stage. In a reasoned judgment, the court highlighted the statutory framework of the Protection of Plant Variety Act, underscoring the need for a thorough examination of distinctiveness, uniformity, and stability. The court held that as the subject matter applications were advertised without undergoing the DUS Test, such advertisements were irregular and set aside.

Remand and Implications:

The court, after setting aside the advertisements, remanded the applications back to the Registrar for compliance with the statutory requirement of the DUS Test. This decision underscores the court's commitment to upholding the integrity of the registration process, ensuring that plant varieties are scrutinized for their distinctiveness, uniformity, and stability before they are made available to the public.

The Concluding Note:

The DUS Test emerges as a linchpin in the Protection of Plant Variety Act, serving as a robust mechanism for evaluating the essential characteristics of plant varieties. The Delhi High Court's reaffirmation of the mandatory nature of the DUS Test prior to advertisement reinforces the commitment to maintaining the integrity of plant variety registrations, thus striking a balance between the interests of plant breeders and the public.

The Case Law Discussed:

Date of Judgement/Order:04.12.2023

Case No. W.P.(C) 4312/2014

Neutral Citation No:2023:DHC:8595

Name of Hon'ble Court: Delhi High Court

Name of Hon'ble Judge: C Hari Shankar, HJ

Case Title: Nuziveedu Seeds Pvt. Ltd. Vs The Protection of Plant Variety and Farmers Rights Authority

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman,

IP Adjutor - Patent and Trademark Attorney

Email: ajayamitabhsuman@gmail.com,

Mob No: 9990389539

Burger King Vs Swapnil Patil and Ors

The Evolution of Dynamic Injunctions in Safeguarding Intellectual Property Rights

Introduction:

In the realm of Intellectual Property Rights (IPR), the emergence of dynamic injunctions has proven to be a strategic legal tool in addressing the persistent challenges posed by infringing activities. This article examines the utilization of dynamic injunctions in a recent case involving the renowned trademark 'BURGER KING' in India, shedding light on the evolving legal landscape for protecting intellectual property.

Background:

The case at hand revolves around the proactive measures taken by the plaintiff to combat infringement activities related to the trademark 'BURGER KING.' Despite obtaining an initial injunction against the defendants, who engaged in unauthorized use of the trademark, the plaintiff encountered new challenges as two additional websites, www.burgerkingfoodindia.com and www.burgerkingfranchisesindia.co.in, surfaced. These websites allegedly continued the illicit offering of fake franchises and monetary collections similar to the earlier restrained defendants.

Dynamic Injunction: An Innovative Legal Mechanism:

To counter the recurring nature of infringement, Indian Courts introduced the concept of dynamic injunctions, a mechanism that adapts to emerging infringing activities. In the BURGER KING case, the Hon'ble High Court of Delhi reaffirmed the efficacy of dynamic injunctions by extending their application to the newly identified websites.

Court Decision and Key Principles:

The court, having already issued an injunction against the initial defendants, expanded its protective umbrella to cover the additional websites. The ruling barred the operators of www.burgerkingfoodindia.com and www.burgerkingfranchisesindia.co.in from using not only the specific domain names mentioned but also any other names incorporating the trademark 'BURGER KING' and its constituent parts 'BURGER' and 'KING.'

Dynamic Injunction in Action:

The court's pivotal directive in the BURGER KING case underscores the dynamic nature of injunctions. It granted the plaintiff the freedom to file an affidavit and an application for impleadment under Order I Rule 10 CPC. This empowerment enables the plaintiff to identify and bring into the legal purview any mirror, redirect, or alphanumeric variations associated with the defendants, aligning with the original infringing activities.

The Concluding Note:

The BURGER KING case serves as a noteworthy example of the adaptability of legal remedies in the face of evolving challenges posed by intellectual property infringement. The court's endorsement of dynamic injunctions reinforces their role as a crucial tool for safeguarding intellectual property rights in the ever-changing landscape of the digital domain. As technology continues to advance, the legal system must remain agile in its approach to provide effective remedies against infringing activities.

The Case Law Discussed:

Date of Judgement/Order:04.12.2023

Case No. CS(COMM)303/2022

Neutral Citation No:NA

Name of Hon'ble Court: Delhi High Court

Name of Hon'ble Judge: Prathiba M Singh, HJ

Case Title: Burger King Vs Swapnil Patil and Ors

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman,

IP Adjutor - Patent and Trademark Attorney

Email: ajayamitabhsuman@gmail.com,

Mob No: 9990389539

Ischemix LLC Vs The Controller of Patent

Criterion for Medicinal Preparation and Enhanced Therapeutic Efficacy under Section 3(d) of the Patent Act 1970

Introduction:

This discussion delves into the criteria for medicinal preparations to meet objections under Section 3(d) of the Patent Act 1970, drawing insights from a recent case involving the rejection of a patent application titled "Compositions and Methods for Treating Ischemia and Ischemia-Reperfusion Injury."

Background of the Case:

The patent application in question, filed under No. ‘9739/DELNP/2011’ on 12.11.2011, faced rejection by the Controller of Patent on 13.05.2010. The primary ground for rejection was the purported lack of data demonstrating therapeutic efficacy. The central issue before the Hon'ble High Court of Delhi was the interpretation and application of Section 3(d) of the Patent Act 1970.

Section 3(d) and the Criterion for Medicinal Preparation:

Section 3(d) of the Patent Act 1970 acts as a safeguard against the unwarranted extension of patent monopolies, particularly in the pharmaceutical domain.

It stipulates that mere discovery of a new form of a known substance, which does not result in the enhancement of the known efficacy of that substance, shall not be considered patentable. The case in question revolves around whether the medicinal preparation met the criterion of enhanced therapeutic efficacy.

Controller's Allegation and High Court's Response:

The Controller of Patent asserted that while the appellant may have provided some data, it failed to establish how the data constituted therapeutic efficacy. According to the Controller, enhanced therapeutic efficacy is demonstrated when a substance exhibits superior curative effects compared to existing substances.

The Hon'ble High Court of Delhi, in remitting the case back to the Controller, granted the appellant the liberty to submit trial data supporting the claim. The Court emphasized that the patent specification itself should contain data and results of lab experiments illustrating the enhancement of efficacy. Additionally, any additional data should be submitted prior to the final oral hearing.

Importance of Data Submission and Oral Explanation:

The Court's observations highlight the crucial role of data presentation during the patent application process. It underscores the importance of including comprehensive experimental results in the patent specification to substantiate claims of enhanced therapeutic efficacy.

Furthermore, the Court expressed concern over the practice of submitting additional data in written submissions post-oral hearings, as it may lead to oversight by the Patent Office and hinder a complete understanding of the presented data.

The Concluding Note:

The case discussed sheds light on the nuanced considerations involved in evaluating the enhanced therapeutic efficacy of medicinal preparations under Section 3(d) of the Patent Act 1970. It underscores the need for patent applicants to present robust data in the patent specification itself, ensuring clarity and comprehension during the examination process.

The Case Law Discussed:

Date of Judgement/Order:22.11.2023

Case No. C.A.(COMM.IPD-PAT) 33/2022

Neutral Citation No:2023:DHC:8496

Name of Hon'ble Court: Delhi High Court

Name of Hon'ble Judge: Prathiba M Singh, HJ

Case Title: Ischemix LLC Vs The Controller of Patent

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman,

IP Adjutor - Patent and Trademark Attorney

Email: ajayamitabhsuman@gmail.com,

Mob No: 9990389539

NIF Private Limited Vs Registrar of Trademarks

Procedural Fairness in Trademark Refusal Appeals: A Critical Analysis of Unreasoned Orders

Introduction:

A recent legal dispute has brought to light the importance of procedural fairness in trademark matters, specifically in the context of appeals against the refusal of trademark applications. The appellant challenged the order of the Registrar of Trademarks, contending that the refusal of Trademark Application No. 2665269 lacked justification as no reasons were provided. The ensuing analysis by the Hon'ble Court emphasizes the imperative of reasoned orders and fair procedural practices in trademark proceedings.

Unreasoned Orders and Due Procedure:

The Hon'ble Court's observation that an unreasoned order constitutes an affront to due and fair procedure underscores a fundamental tenet of administrative justice. The lack of reasons not only hampers aggrieved party's understanding of the basis for refusal but also raises concerns about the transparency and accountability of the decision-making process.

Critique of Post-Refusal Reasoning Scheme:

The court critically evaluated post-refusal reasoning scheme, expressing dissatisfaction with the practice of initially issuing unreasoned orders. The court contended that requiring an applicant to subsequently request and pay for the reasons, at their own expense, creates an unjust burden on the party seeking redress.

Insufficient Grounds in the Impugned Order:

The court's scrutiny of the impugned order revealed a deficiency in its substantive content. Apart from merely reproducing relevant legal provisions, the order failed to elucidate how these provisions were applicable to the appellant's case or why the application was rejected based on them. This lack of clarity undermines the essential requirement for a reasoned decision in administrative actions.

Remand for De Novo Consideration:

In light of the inadequacies identified in the refusal order, the court ordered the remand of Trademark Application No. 2665269 for de novo consideration by the office of the Trade Marks Registry. This directive reflects the court's commitment to upholding fair procedures and ensuring that decisions affecting trademark rights are founded on sound reasoning and proper application of the law.

Implications for Trademark Applicants:

The court's ruling carries broader implications for trademark applicants navigating the registration process. It reinforces the principle that applicants are entitled to transparent, reasoned decisions from administrative authorities, and the absence of such reasons can be a ground for challenge.

The Concluding Note:

This case highlights the imperative of reasoned decision-making in the context of trademark application refusals. The court's rebuke of unreasoned orders and its insistence on fair procedures contribute to the evolving landscape of trademark law, emphasizing the need for transparency, accountability, and procedural fairness in administrative actions related to intellectual property.

The Case Law Discussed:

Date of Judgement/Order:05.12.2023

Case No. C.A.(Comm-IPD-TM) 29 of 2021

Neutral Citation No:2023:DHC:8716

Name of Hon'ble Court: Delhi High Court

Name of Hon'ble Judge: C Hari Shankar, HJ

Case Title: NIF Private Limited Vs Registrar of Trademarks

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman,

IP Adjutor - Patent and Trademark Attorney

Email: ajayamitabhsuman@gmail.com,

Mob No: 9990389539

House Of Diagnostics LLP & Ors Vs House Of Pathology Labs Private Limited

Importance of Advance Service in Trademark Infringement Cases

Introduction:

The recent pronouncement by the Hon'ble High Court of Delhi underlines the crucial role of advance service in trademark infringement suits, emphasizing the significance of complying with Rule 22 of the Intellectual Property Division (IPD) Rules. The court's observation sheds light on the public interest inherent in this procedural requirement and underscores the principle that contested orders are integral to a fair legal process.

Public Interest in Rule 22 of IPD Rules:

The court, in its wisdom, acknowledged the public interest embedded in Rule 22 of the IPD Rules. It emphasized the fundamental premise that a contested legal proceeding is inherently healthy, as it ensures a comprehensive consideration of arguments from both sides. This stance resonates with the idea that an uncontested order may be susceptible to errors, given that it arises from a hearing involving only one party.

Contested Orders and Protection against Errors:

The court's observation underscores the safeguarding effect of contested orders. By their very nature, contested proceedings mitigate the risk of unilateral errors, whether factual or legal. The participation of both parties provides a more robust examination of the issues at hand, thereby reducing the likelihood of an erroneous judgment. This aligns with the core tenets of justice, ensuring a fair and balanced adjudication process.

No Right to Uncontested Orders:

The court's assertion that no party can claim an uncontested order as a matter of right reinforces the principle of fairness in legal proceedings. It establishes that the process of adjudication demands active engagement from all parties involved, and a party cannot expect a one-sided order without due contestation.

Strict Interpretation of Rule 22 of IPD Rules:

In the specific case at hand, the court directed the plaintiff to serve the defendant, underscoring a strict interpretation of Rule 22 of the IPD Rules. This indicates the court's commitment to upholding procedural requirements that contribute to the adversarial nature of legal proceedings.

Exemptions to Advance Service:

While emphasizing the importance of advance service, the court recognized that exceptions could be warranted in certain circumstances. The mention of situations involving substantial stocks of spurious products or a prior association between the parties suggests a pragmatic approach where the strict application of Rule 22 may not be necessary.

The Concluding Note:

The court's elucidation on the significance of advance service in trademark infringement cases, as governed by Rule 22 of the IPD Rules, reaffirms the commitment to a fair and contested legal process. The delicate balance between adherence to procedural requirements and recognition of exceptional circumstances underscores the nuanced nature of trademark litigation.

The Case Law Discussed:

Date of Judgement/Order:05.12.2023

Case No. CS(COMM)869/2023

Neutral Citation No:2023:DHC:8767

Name of Hon'ble Court: Delhi High Court

Name of Hon'ble Judge: C Hari Shankar, HJ

Case Title: House Of Diagnostics LLP & Ors Vs House Of Pathology Labs Private Limited

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman,

IP Adjutor - Patent and Trademark Attorney

Email: ajayamitabhsuman@gmail.com,

Mob No: 9990389539

Cable News Network Inc Vs City News Network

Trademark Infringement and the Notion of "State of Wonderment" under the Trade Marks Act

Introduction:

In a recent legal case, the plaintiff alleged trademark infringement against the defendant, specifically concerning the use of the term "CABLE NEWS Network" along with the acronym "CNN." The crux of the argument revolved around the claim that the defendant's trademark was deceptively similar to the plaintiff's registered trademark, known as the "CNN Device." This case raises important considerations related to the Trade Marks Act, particularly in relation to Sections 29(2)(b) and 29(2)(c), and the concept of "state of wonderment."

Deceptive Similarity and Infringement:

The plaintiff contended that the defendant's trademark, comprising both the name "CABLE NEWS Network" and the acronym "CNN," was deceptively similar to their registered trademark, the "CNN Device." Despite the absence of a separate registration for the term "CNN" by the plaintiff, it was argued that the existence of the registered device mark could induce a "state of wonderment" for a reasonable person.

Legal Framework - Trade Marks Act:

The legal foundation for this argument lies in Sections 29(2)(b) and 29(2)(c) of the Trade Marks Act. Section 29(2)(b) deals with infringement based on deceptive similarity, stating that a mark shall be deemed to be deceptively similar if it so nearly resembles another mark as to be likely to deceive or cause confusion. Section 29(2)(c) extends this to cases where the use of the mark takes unfair advantage or is detrimental to the distinctive character or repute of the registered trademark.

The "State of Wonderment" Concept:

The notion of "state of wonderment" is crucial to this case. This concept suggests that even in the absence of a direct match between trademarks, the overall impression created by the defendant's mark may lead a consumer to wonder about its association with the plaintiff's registered mark. In essence, it implies a potential for confusion or deception.

Analysis and Implications:

While the plaintiff did not possess a standalone registration for the term "CNN," the argument hinges on the cumulative impact of the registered device mark. The court must consider whether the combination of the defendant's trademark elements creates a likelihood of confusion or a "state of wonderment" for consumers.

Conclusion:

This case highlights the nuanced interplay between registered trademarks, deceptive similarity, and the subjective perception of consumers. The court's decision will likely set a precedent regarding the interpretation of the Trade Marks Act, particularly in cases where the registered mark is part of a larger composite mark. The outcome will provide clarity on the scope of protection afforded to registered trademarks and the extent to which a "state of wonderment" can constitute infringement.

The Case Law Discussed:

Date of Judgement/Order:04.12.2023

Case No. CS(COMM)272/2021

Neutral Citation No:2023:DHC:8695

Name of Hon'ble Court: Delhi High Court

Name of Hon'ble Judge: C Hari Shankar, HJ

Case Title: Cable News Network Inc Vs City News Network

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman,

IP Adjutor - Patent and Trademark Attorney

Email: ajayamitabhsuman@gmail.com,

Mob No: 9990389539

Franklin Aviation Services Pvt Ltd. Vs Tata Sia Airlines Limited

Non Trademark use of an Expression 

Introduction:

In a recent legal battle, the Plaintiff initiated a lawsuit against the Defendant, aiming to prohibit the use of the trademark "FLY HIGH" or "FLY HIGHER." The central issue revolves around whether the Defendant's use of these terms falls within the ambit of trademark infringement or if they are being utilized in a non-trademark sense. The court's decision sheds light on the delicate balance between protecting intellectual property rights and allowing expressive and non-traditional uses.

Background:

The Plaintiff's claim is rooted in the belief that the Defendant's use of "FLY HIGH" or "FLY HIGHER" infringes upon their trademark rights. Conversely, the Defendant asserts that their utilization of these terms is non-trademark in nature. This sets the stage for a nuanced legal analysis to determine the scope of protection afforded to the Plaintiff's trademark.

Court's Ruling:

The Hon'ble Court, after careful consideration, ruled in favor of the Defendant. The decision permits the Defendant to employ "FLY HIGH" or "FLY HIGHER" in a non-trademark sense, including its incorporation into keywords, advertising campaigns, and hashtags. This ruling signifies a recognition of the evolving landscape of intellectual property, acknowledging the expanded use of trademarks in the digital age.

Analysis:

1.Non-Trademark Use:

The court's decision acknowledges the Defendant's argument that they are using the contested terms in a non-trademark sense. This could include situations where the terms are used descriptively or generically, rather than as identifiers of the source of goods or services.

2.Keywords and Advertising Campaigns:

Allowing the use of "FLY HIGH" or "FLY HIGHER" in keywords and advertising campaigns suggests a broader interpretation of fair use. The court recognizes the importance of not stifling creative and expressive language in the online realm.

3. Hashtags:

The inclusion of hashtags in the court's ruling is particularly noteworthy. It acknowledges the prevalent use of hashtags in modern communication and marketing, signaling a pragmatic approach to the intersection of trademark rights and social media practices.

The concluding Note:

This legal saga highlights the evolving nature of trademark disputes in the digital age. The court's decision to permit the Defendant's use of "FLY HIGH" or "FLY HIGHER" in a non-trademark sense, including its incorporation into keywords, advertising campaigns, and hashtags, reflects a delicate balance between protecting intellectual property rights and fostering free expression in the contemporary business landscape.

The Case Law Discussed:

Date of Judgement/Order:04.12.2023

Case No. CS(COMM)54/2022

Neutral Citation No:2023:DHC:8670

Name of Hon'ble Court: Delhi High Court

Name of Hon'ble Judge: Prathiba M Singh, HJ

Case Title: Franklin Aviation Services Pvt Ltd.  Vs Tata Sia Airlines Limited

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, 

IP Adjutor - Patent and Trademark Attorney

Email: ajayamitabhsuman@gmail.com, 

Mob No: 9990389539

Shantapa alias Shantesh S. Kalasgond Vs Anna

Trademark Disputes and the Doctrine of Prosecution History Estoppel

Introduction:

This article explores the nuanced implications of an admission made by the Plaintiff in a Trademark opposition proceeding and its consequential impact on a subsequent trademark dispute involving the mark 'ANNA.' The focus is on the recent decision by the Hon'ble High Court of Mumbai, which dismissed an appeal challenging the denial of an injunction by the District Judge-4, Pune.

Background of the Dispute:

The essence of the dispute lies in the conflicting claims of exclusivity over the name 'Anna' by both the Plaintiff and the Defendant, each owning registered trademarks—'ANNA IDLI GRUHA' for the Plaintiff and an undisclosed mark for the Defendant. The Plaintiff, asserting  prior use, seeks a restraint order against the Defendant, alleging infringement and passing off in the operation of a restaurant in Pune using the mark 'ANNA.'

Prosecution History and Suppression Allegations:

The turning point in the case arises from the Plaintiff's response to an examination report during the trademark application process. The Defendant's mark was cited as conflicting, prompting the Plaintiff to assert dissimilarity. However, when initiating the subsequent lawsuit, the Plaintiff took a contradictory stance, suppressing its earlier response to the examination report.

The Doctrine of Prosecution History Estoppel:

The Hon'ble High Court, in dismissing the appeal, applied the doctrine of prosecution history estoppel. This legal principle prevents a party from claiming advantages associated with rights consciously waived in prior proceedings. The court emphasized that the Plaintiff's representations before the Trademark Registry, twice denying resemblance between the marks, were crucial in applying the doctrine.

Implications of Estoppel in the ANNA Trademark Dispute:

The Court's observation that the Plaintiff's prior stance influenced the Defendant's belief that using the mark 'ANNA' was permissible is pivotal. By leading the Defendant to believe in the dissimilarity of the marks, the Plaintiff, in the eyes of the Court, cannot now argue deceptive similarity. The article underscores the significance of consistency in representations before the Trademark Registry and its lasting impact on subsequent legal proceedings.

The Concluding Note:

The ANNA trademark dispute serves as a noteworthy case study in the application of the doctrine of prosecution history estoppel. It highlights the need for parties in trademark disputes to maintain transparency and consistency in their dealings with trademark authorities. 

The decision of the Hon'ble High Court of Mumbai reaffirms that a party's previous representations can significantly influence its entitlement to remedies such as a temporary injunction, emphasizing the intricate interplay between trademark registration and enforcement processes.

The Case Law Discussed:

Date of Judgement/Order:30/11/2023

Case No. Appeal from Order No. 915 of 2023

Neutral Citation No:N.A.

Name of Hon'ble Court: Bombay High Court

Name of Hon'ble Judge: Sandeep V Varne, HJ

Case Title: Shantapa alias Shantesh S. Kalasgond Vs Anna

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, 

IP Adjutor - Patent and Trademark Attorney

Email: ajayamitabhsuman@gmail.com, 

Mob No: 9990389539