Information on this blog is being shared only for the purpose of creating legal awareness in public at large, especially in the field of Intellectual Property Right. As there may be possibility of error, omission or mistake in legal interpretation on the contents of this blog, it should not be treated as substitute for legal advise.
Thursday, April 16, 2026
HELIOS LIFESTYLE LIMITED v. IDAM NATURAL WELLNESS PRIVATE LTD.
RITIK KUMAR v. R.H. AGRO OVERSEAS
IMPRESSARIO ENTERTAINMENT AND HOSPITALITY PVT. LTD. v. VARDHAMAN CHOKSI
K.S. OILS LIMITED v. SHIVANG EDIBLES OILS LIMITED
TASTE BOX v. JSF HOLDINGS PRIVATE LIMITED
GURBAAZ PRATAP SINGH MANN v. KUNWAR RAGHAV BHANDARI
Phoenix ARC Private Limited Vs Future Brands Limited & Future Entertainment Private Limited,
PepsiCo Inc Vs Parle Agro Pvt.Ltd
More than Water Pvt Ltd Vs Mesco Ltd
Flipkart India Pvt Ltd Vs Marc Enterprises Pvt.Ltd.
Shubham Goldie Masale Vs Jai Shiv Oil Industries
Entero Healthcare Solutions Limited Vs Registrar Of Trade Marks
Entero Healthcare Solutions Limited challenged the Registrar of Trade Marks' refusal to register their mark ENTERO for pharmaceutical and healthcare products. The company had applied for the mark after using it honestly and continuously since 2018 across India, building significant reputation through sales, advertising, and presence in the market.
The registrar rejected the application because it was similar to an earlier registered mark EnteroGG, believing it could confuse the public. Despite the company submitting detailed evidence of their long use and noting that the other mark was not being used, the registrar's order did not address these points at all.
The Bombay High Court examined the matter and found the registrar's decision to be unreasoned and lacking proper consideration of the law that allows registration of similar marks in cases of honest concurrent use. Consequently, the court set aside the rejection order and directed that the application be reconsidered afresh by a different registrar to ensure a fair decision.
Entero Healthcare Solutions Limited Vs Registrar Of Trade Marks: 23.03.2026:Commercial Miscellaneous Petition (L) No. 27100 of 2025, 2026:BHC-OS:7875, Hon'ble Justice Arif S. Doctor, J.
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.
Crystal Crop Protection Limited Vs Sudpita Dey, Assistant Controller of Patents
In a patent dispute involving agricultural chemicals, Crystal Crop Protection Limited approached the Delhi High Court after the Assistant Controller of Patents rejected their application for an insecticidal composition made with specific amounts of two well-known active ingredients, Fipronil and Emamectin Benzoate, in a suspension concentrate form.
The company had filed the patent application back in 2010, arguing that this particular mix provided better pest control across a wide range of crop-damaging insects at lower doses, reduced costs, and was kinder to the environment compared to separate products already on the market.
Several opponents filed pre-grant challenges between 2017 and 2021, and after hearings the controller turned down the patent in January 2022, saying the invention was not new, did not involve any inventive step, and failed other legal tests under the Patents Act.
Crystal Crop Protection claimed the controller’s order simply copied the opponents’ arguments without giving proper independent reasons and asked the court to quash the refusal and send the application back for a fresh look.
After examining the complete file, the prior Chinese patents cited by the opponents, and the arguments from both sides, the High Court found that the controller’s conclusions on lack of novelty and lack of inventive step were fully reasoned and supported by evidence—the earlier documents already described very similar combinations of the same two ingredients in comparable strengths and forms.
The court therefore saw no reason to interfere with the refusal and held that the invention did not qualify for patent protection. As a result, the appeal was dismissed.
Crystal Crop Protection Limited Vs Sudpita Dey, Assistant Controller of Patents and Designs:08.04.2026:C.A.(COMM.IPD-PAT) 86/2022:2026:DHC:2926:Hon'ble Justice Shri Tushar Rao Gedela.
#IPUpdate #IPCaselaw #IPCaseLaw #IPLaw #IPRNews #IPIndiaupdate #Trademark #Copyright #DesignLaw #PatentLaw #Law #Legal #IndianIPUpdate #AdvocateAjayAmitabhSuman #IPAdjutor
Colgate Palmolive Company Vs Anchor Health and Beauty Care Pvt. Ltd.
Colgate Palmolive and Anchor Health and Beauty Care found themselves in a courtroom battle over toothpaste packaging designs. Anchor had been selling its product under the name Anchor White Allround Protection since 2005 and in 2007 filed a suit claiming that Colgate’s new Strong Teeth carton copied similar words and looks, unfairly interfering with Anchor’s business.
While the case was still going on, Anchor received official registration for its Allround trademark in 2008. Four years after starting the case and more than three years after the registration, Anchor asked the court in 2011 to update its papers and add a fresh claim of trademark infringement based on that registration. The single judge allowed the change, but Colgate appealed to the higher bench.
The Delhi High Court examined the matter and found that the proposed update would completely alter the basic nature of the original lawsuit from a claim about general unfair business practices to a full statutory infringement case, which could unfairly harm Colgate’s defence.
The judges noted that Anchor had waited far too long to seek this change even though the registration had come early in the case, and allowing it now risked problems with time limits for such claims. The court therefore set aside the single judge’s order, rejected the amendment application, and directed Anchor to pay costs to Colgate.
Colgate Palmolive Company Vs Anchor Health and Beauty Care Pvt. Ltd., (2016) 65 PTC 69 (DB)
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
#IPUpdate #IPCaselaw #IPCaseLaw #IPLaw #IPRNews #IPIndiaupdate #Trademark #Copyright #DesignLaw #PatentLaw #Law #Legal #IndianIPUpdate #AdvocateAjayAmitabhSuman #IPAdjutor
Bennett Colemann and Co Vs E Entertainment
Bennett Coleman and Company Limited challenged two trademark registrations of the "E!" mark owned by E Entertainment Television LLC in India, arguing the marks lacked distinctiveness and had not been properly used in the country.
In the Delhi High Court proceedings, the company filed applications seeking permission to cross-examine the respondent's witness, whose affidavit supported the claimed use and reputation of the marks.
The court dismissed both applications, holding that trademark rectification cases are normally decided on written affidavits and documents alone, with cross-examination allowed only in rare cases where strong reasons are shown.
Court found no specific doubts raised about the public records or company documents exhibited, noting that cross-examination is not an automatic right and would turn these summary proceedings into unnecessary full trials. The cases have now been listed for further directions.
Bennett Colemann and Co Vs E Entertainment: 10.03.2026:C.O. (COMM.IPD-TM) 86/2022 :2026:DHC:2010: Justice Manmeet Pritam Singh Arora
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Wednesday, April 15, 2026
Baldev Singh and Others Vs. Manohar Singh
In a family property dispute from Punjab, Manohar Singh filed a suit claiming he was the real owner of certain agricultural land bought in his parents’ names as a benami transaction, while his relatives (Baldev Singh and others) denied this and asserted their own ownership and possession in their written statement. During the trial, the defendants sought to amend their written statement to add that after the parents’ death the land had been mutated jointly in equal shares among all family members and that the suit was barred by limitation. Both the trial court and the Punjab and Haryana High Court rejected the amendment, holding it introduced inconsistent pleas and withdrew admissions. The Supreme Court overturned those orders, ruling that amendments to a written statement must be allowed liberally unless they cause serious injustice or irreparable harm to the other side. Defendants can raise alternative or even inconsistent defences, unlike plaintiffs who cannot change their core claim, and mere delay is not a ground for refusal when no prejudice is shown. The proposed changes were simply an elaboration of the existing defence, the trial had not yet begun, and no admissions were being withdrawn. The Supreme Court allowed the amendment, directed the defendants to file it within one month, and ordered the trial court to decide the suit within one year.
Title: Baldev Singh and Others Vs. Manohar Singh and Another, Order date: August 3, 2006, Case Number: Civil Appeal No. 3362 of 2006, Neutral Citation: (2006) 6 SCC 498, Name of court and Judge: Supreme Court of India, Dr. AR. Lakshmanan and Tarun Chatterjee.
AstraZeneca AB Vs Intas Pharmaceuticals Ltd.
AstraZeneca, the Swedish company behind the diabetes drug Dapagliflozin (sold as Forxiga), sued eight Indian generic drug makers — Intas, Alkem, Zydus, Eris, USV, Torrent, MSN, Micro Labs and Ajanta — for selling cheaper versions of the same medicine. AstraZeneca claimed the generics infringed two Indian patents: an earlier broad “genus” patent (IN 147, which covered a large family of similar compounds and expired in October 2020) and a later “species” patent (IN 625) that specifically protected Dapagliflozin until 2023. The generic companies argued that the specific patent was invalid because Dapagliflozin was already covered and known from the first patent, making the second one obvious and not truly new. Two single judges, after hearing the cases separately, refused to stop the generics from selling their versions while the trials continued, saying the companies had raised serious doubts about the later patent’s validity. AstraZeneca appealed all nine cases together to the division bench. The Delhi High Court examined the patents, the companies’ own earlier statements in India and the US, and the scientific details. It found that AstraZeneca itself had treated Dapagliflozin as covered by the first patent, creating a credible challenge to the second patent on grounds of prior disclosure, obviousness and incomplete information given to the Indian Patent Office. The judges also noted that generics offered the medicine at much lower prices and that stopping them would harm patients more than it would help AstraZeneca. The court dismissed all the appeals on 20 July 2021, allowing the generic companies to continue making and selling Dapagliflozin while the main trials go on.
AstraZeneca AB Vs Intas Pharmaceuticals Ltd.:20.07.2021:FAO(OS)(COMM) 139/2020: Justice Rajiv Sahai Endlaw and Justice Amit Bansal.
Ashiana Ispat Limited Vs Kamdhenu Limited
Two steel companies that once shared management under the same family groups ended up in a bitter trademark battle over similar brand names for TMT steel bars. Ashiana Ispat claimed it had full rights to sell products under the name “AL KAMDHENU GOLD” because of a 2002 agreement that split the brands between the two firms, allowing each to own separate marks while they jointly built the “KAMDHENU” reputation. Kamdhenu Limited argued that later 2021 licensing deals replaced the old arrangement, that it owned the registered “KAMDHENU”, “KAMDHENU GOLD” and “KAMDHENU GOLD TMT” marks, and that Ashiana’s use of the similar name was causing confusion and passing off its products as Kamdhenu’s.
The Delhi High Court examined the agreements, sales records, advertisements and evidence of use. It found that the 2021 deal had novated the earlier 2002 split, that Ashiana had not built independent goodwill in “AL KAMDHENU GOLD” on its own, and that any earlier use was only as a licensed user. Kamdhenu proved its prior rights, substantial reputation and the strong likelihood that ordinary buyers would be confused by the similar names on identical steel products.
The court granted an interim injunction stopping Ashiana and its associates from manufacturing, selling or promoting goods under “AL KAMDHENU GOLD” or any deceptively similar mark, while dismissing Ashiana’s request for a similar order against Kamdhenu. The main suits will now proceed to full trial.
Ashiana Ispat Limited Vs Kamdhenu Limited : 10.04.2026:CS(COMM) 130/2025:2025:DHC:3002, Hon'ble Justice Shri Justice Tejas Karia.
#IPUpdate #IPCaselaw #IPCaseLaw #IPLaw #IPRNews #IPIndiaupdate #Trademark #Copyright #DesignLaw #PatentLaw #Law #Legal #IndianIPUpdate #AdvocateAjayAmitabhSuman #IPAdjutor
Amara Raja Energy and Mobility Limited Vs. Exide Industries Limited
Amara Raja Energy and Mobility Limited went to the Calcutta High Court after a single judge blocked them from selling their new Elito car batteries packed in bright red boxes that closely matched the red trade dress long used by rival Exide Industries Limited.
Exide argued that its red packaging, along with the “EL” name and shattered “O” design, had become a well-known sign of its batteries after decades of use, and that Amara Raja’s similar look was confusing buyers and amounting to copying. Amara Raja replied that no company can own a plain colour like red, that buyers choose batteries by brand name and vehicle fit rather than colour, and that their design had enough differences.
The Division Bench examined the evidence, including Amara Raja’s earlier social-media campaign that promoted green as its own signature colour while criticising red, and found that red had become strongly linked to Exide in the market.
The judges noted that the two battery boxes looked deceptively alike when placed side by side on shop shelves and that ordinary buyers could easily be misled. They upheld the injunction granted by the single judge, ruled that the balance of convenience favoured protecting Exide’s established identity, and dismissed Amara Raja’s appeal, keeping the restriction on the similar red packaging in place.
Title: Amara Raja Energy and Mobility Limited Vs. Exide Industries Limited: April 02, 2026:TEMPA PO-IPD/7/2025:,CalHC, Justice Debangsu Basak and Justice Md. Shabbar Rashidi.
All India Institute of Medical Sciences Vs Prof. Kaushal K. Verma
Title: ALL INDIA INSTITUTE OF MEDICAL SCIENCES Vs PROF. KAUSHAL K. VERMA AND ORS and connected writ petitions, Order date: 05.05.2015, Case Number: W.P.(C) 4103/2014, W.P.(C) 4228/2014, W.P.(C) 4245/2014 & W.P.(C) 7166/2014, Neutral Citation: 2015:DHC:4005-DB, Name of court: High Court of Delhi at New Delhi, Judge: Justice S. Ravindra Bhat and Justice R.K. Gauba.
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