Triom Hospitality Vs J.S. Hospitality Services Pvt. Ltd.

M/s J.S. Hospitality Services Pvt. Ltd., owner of the registered trademark “Pind Balluchi” for restaurants, filed suit CS(COMM) 392/2024 against M/s Triom Hospitality for infringement and passing off after discovering the latter using the mark at a Dwarka outlet since October 2023; interim injunction was granted on 16.08.2024 restraining the defendant. The defendant filed Section 8 application under Arbitration Act invoking arbitration clause in an alleged MOU dated 22.06.2022 purportedly granting rights, but plaintiff denied execution alleging forgery and filed affidavit; trial court dismissed the application on 28.08.2024 holding prima facie non-existence due to forgery making dispute non-arbitrable requiring civil adjudication. On appeal, the Delhi High Court held that referral courts under Section 8 conduct only prima facie review of arbitration agreement's existence/validity without deep inquiry into forgery which is for arbitrator unless serious fraud vitiates the agreement entirely; noting pre-existing commercial ties and need for evidence, it found the dispute arbitrable even for non-signatory per group doctrine; setting aside the order on 24.11.2025, the court allowed referral to arbitration and dismissed the suit.

- Allegations of forgery/fabrication do not ipso facto render disputes non-arbitrable unless serious/complex fraud permeates the contract requiring public adjudication (A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386, Para 17-19).

- Under Section 8 of Arbitration Act, courts exercise prima facie review limited to formal validity/existence of arbitration agreement; substantive issues like forgery are for arbitral tribunal under Section 16 (Vidya Drolia v. Durga Trading Corpn., (2021) 2 SCC 1, Para 20).

- Non-signatories can be bound to arbitration if intent/consent inferred from conduct/relationship per group of companies doctrine (Cox & Kings Ltd. v. SAP India (P) Ltd., (2024) 4 SCC 327, Para 71).

Case Title: Triom Hospitality Vs J.S. Hospitality Services Pvt. Ltd.  

Order Date: 24 November 2025  

Case Number: FAO (COMM) 174/2024  

Neutral Citation: Not yet assigned  

Court: High Court of Delhi at New Delhi  

Judge: Hon’ble Mr. Justice C. Hari Shankar & Hon’ble Mr. Justice Om Prakash Shukla  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Trident Limited Vs. Controller of Patents

Trident Limited appealed under Section 117A of the Patents Act, 1970 against the Controller's order dated 05.01.2021 refusing patent application No. 1867/DEL/2010 filed on 24.09.2010 for air rich yarn and fabric with homogenously distributed pores across radial cross-section and its manufacturing method, after FER on 21.06.2018, reply on 20.12.2018, hearings on 10.07.2020 and 05.10.2020 with submissions, on grounds of lack of inventive step under Section 2(1)(ja) based on prior arts D1-D4. The Delhi High Court held that prior arts neither disclose nor suggest homogenous radial pore distribution, that Controller's presumption of identical processes yielding identical products ignored differing soluble fibre weights and was hindsight-driven, that homogeneity is not routine per literature teaching away, and that the order was contradictory, failed to cite specific prior art teachings or address specification examples; setting aside the order on 24.11.2025, the court remanded the matter to another Controller for fresh consideration within six months, including auxiliary claims.

- For determining inventive step under Section 2(1)(ja) of the Patents Act, 1970, mere presence of invention elements in prior arts does not ipso facto establish obviousness; there must be a coherent thread leading from prior arts to the invention without hindsight (Enercon (India) Limited v. Aloys Wobben, ORA/6/2009/PT/CH, Para 66).

- Where a combination of prior arts after hindsight analysis fails to achieve the claimed result, it constitutes teaching away from the invention (Pharmacyclics, LLC v. Controller General of Patents, Designs & Trade Marks, OA/2/2013/PT/MUM, Para 67).

- Patent refusal orders must specifically cite prior art portions disclosing claimed features and address applicant's examples and submissions; contradictory findings vitiate the order (Para 78-79).

Case Title: Trident Limited Vs. Controller of Patents  

Order Date: 24 November 2025  

Case Number: C.A.(COMM.IPD-PAT) 162/2022  

Neutral Citation: Not yet assigned  

Court: High Court of Delhi at New Delhi  

Judge: Hon’ble Mr. Justice Tejas Karia  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

The Coca-Cola Company Vs Raj Trade Links

The Coca-Cola Company (Plaintiff 1, manufacturer of concentrates) and its authorized bottler (Plaintiff 2) filed suit in 2007 against defendants for trademark infringement, unfair competition, injunction, damages, and delivery up, alleging defendants hoarded used Coca-Cola bottles causing market shortage and potential spurious refilling; Defendant 2 filed counter-claim for damages. 

Issues framed in 2008; plaintiffs' evidence closed in 2018; Defendant 2 repeatedly delayed filing evidence despite court directions and costs. In 2022, Defendant 2 filed affidavit with ITRs for 2007-08 to 2011-12 as additional documents to prove damages; in 2024, applied under Order XI Rule 10 CPC (as per Commercial Courts Act) to take them on record. 

The Delhi High Court held the documents, being Defendant 2's own records, were always in its possession and no reasonable cause shown for 15-year delay; corona pandemic excuse invalid as docs pre-date it; allowing would prejudice plaintiffs and defeat CC Act's object of expeditious disposal. The court dismissed the application on 24.11.2025, making related summons application infructuous, and listed for evidence.

In commercial suits, documents must be filed with written statement/counter-claim under Order XI Rule 7 CPC (as amended by Commercial Courts Act, 2015), and late filing under Rule 10 permitted only upon establishing reasonable cause for non-disclosure (Para 9).

Belated filing of documents after closure of opponent's evidence, without justification, causes prejudice and delays trial, contrary to expeditious disposal under Commercial Courts Act (Para 14, relying on Societe DES Produits Nestle S.A. v. Essar Industries, 2016 SCC OnLine Del 4279).

Negligence or lackadaisical conduct in adhering to timelines does not constitute reasonable cause; courts must strictly enforce CC Act provisions (Para 17, relying on Scindia Potteries & Services P. Ltd. v. J.K. Jain, 2012 SCC OnLine Del 5296).

Case Title: The Coca-Cola Company Vs Raj Trade Links & Anr.  : 24 November 2025:CS(COMM) 439/2018 :  2025:DHC:10369: Hon’ble Mr. Justice Tejas Karia  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Tesla Inc. Vs. Tesla Power India Private Limited

Tesla Inc., a multinational EV and battery manufacturer using 'TESLA' mark since 2003 with Indian registrations from 2013, filed suit in 2024 against Tesla Power India Pvt Ltd & Ors for trademark infringement and passing off, alleging defendants' dishonest use of 'TESLA POWER USA' since around 2020 for lead acid batteries, inverters, UPS and water purifiers caused confusion; defendants responded to 2022 C&D denying similarity and claiming inspiration from Nikola Tesla. 

Court recorded defendants' May 2024 undertaking not to deal in EVs; after arguments, the Delhi High Court held plaintiff proved prior use, trans-border reputation spilling to India, dishonest adoption by defendants, triple identity leading to inevitable confusion, and granted interim injunction on 24.11.2025 restraining defendants from using impugned marks for batteries, automobiles, inverters, UPS, and bound them to no EV activities.

Mere delay in filing suit is no ground to deny injunction if adoption is dishonest (Midas Hygiene Industries P. Ltd. v. Sudhir Bhatia, (2004) 3 SCC 90; Hindustan Pencils Private Limited v. India Stationery Products Co., 1989 SCC OnLine Del 34, Para 26).

Trans-border reputation protects a mark in India even without local sales if spillover goodwill is established through media, website access, and awards (Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd., (2018) 2 SCC 1, Para 39).

Initial interest confusion at pre-purchase stage suffices for infringement under Section 29 of Trade Marks Act, 1999 (Under Armour Inc v. Anish Agarwal, 2025 SCC OnLine Del 3784, Para 22).

Party seeking registration cannot later claim the mark is generic or common to trade, as it amounts to approbation and reprobation (Automatic Electric Limited v. R.K. Dhawan, 1999 SCC OnLine Del 27; Indian Hotels Company Ltd. v. Jiva Institute of Vedic Science & Culture, 2008 SCC OnLine Del 1758, Para 31).

Triple identity in marks, goods, and trade channels warrants interim injunction to prevent confusion (Para 44).

Case Title: Tesla Inc. Vs. Tesla Power India Private Limited :24 November 2025:CS(COMM) 353/2024  :2025:DHC:10367: Hon’ble Mr. Justice Tejas Karia  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Sunil Niranjan Shah Vs. Vijay Bahadur

Sunil Niranjan Shah, claiming adoption and use of trademarks 'GAAY CHHAP', 'COW BRAND' and variants since 1975 for detergent products with registrations and artistic works featuring a cow, filed a suit against Vijay Bahadur for infringement, passing off, unfair competition, damages, and delivery up, alleging the defendant's use of deceptively similar marks like 'GOPAL GAI CHHAP' caused confusion; the plaintiff sought interim injunction under Order XXXIX Rules 1 & 2 CPC, while the defendant contested territorial jurisdiction, claimed prior use since 1973, and alleged plaintiff's concealment of facts. 

The Delhi High Court, finding jurisdiction based on the defendant's interactive IndiaMart listing accessible in Delhi constituting purposeful availment, held that the plaintiff established prior use and goodwill with high turnover, while the defendant's evidence of prior use was doubtful and unreliable; noting triple identity in marks, goods, and trade channels leading to inevitable confusion, prima facie dishonest adoption by the defendant, balance of convenience and irreparable harm favoring the plaintiff, the court granted the interim injunction on 24.11.2025 restraining the defendant from using the impugned marks.

Rights of prior user of a trademark are superior to those of a subsequent registrant (Century Traders v. Roshan Lal Duggar & Co., 1977 SCC OnLine Del 50, Para 15).

Territorial jurisdiction in trademark suits can be invoked where the defendant's interactive e-commerce platform (like IndiaMart) is accessible in the forum state, establishing purposeful availment (Banyan Tree Holding (P) Limited v. A. Murali Krishna Reddy, 2009 SCC OnLine Del 3780, Para 8-9).

A party seeking registration of a mark cannot later claim it is descriptive and common to trade, as it amounts to approbation and reprobation (Automatic Electric Limited v. R.K. Dhawan and Anr., 1999 SCC OnLine Del 27; Indian Hotels Company Ltd. v. Jiva Institute of Vedic Science & Culture, 2008 SCC OnLine Del 1758, Para 15).

In cases of triple identity (identical marks, goods, and trade channels), interim injunction is warranted to prevent confusion and protect goodwill (Para 19).

Case Title: Sunil Niranjan Shah Vs. Vijay Bahadur  : 24 November 2025:CS(COMM) 669/2025:2025:DHC:10364:Hon’ble Mr. Justice Tejas Karia  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Sun Pharmaceutical Industries Ltd. Vs. Artura Pharmaceuticals P. Ltd.

Sun Pharmaceutical Industries Ltd. filed a suit for trademark infringement, passing off, and related reliefs against Artura Pharmaceuticals P. Ltd. alleging that the defendant's marks PEPFIX and NEOVITAL were deceptively similar to its registered marks PEPFIZ and REVITAL; an ex-parte interim injunction was granted on 21.11.2024 restraining the defendant from dealing in goods under the impugned marks. 

The defendant filed an application under Order VII Rule 10 CPC seeking return of the plaint for lack of territorial jurisdiction, contending it had no business in Delhi, manufactured only for export, and its website was not interactive enough to confer jurisdiction. 

The Delhi High Court dismissed the application on 24.11.2025 holding that at the demurrer stage, plaint averments must be taken as true, and the plaintiff's pleadings about the defendant's website being accessible in Delhi with a "Contact Us" page inviting services, downloadable product brochures mentioning impugned marks, and listing on a third-party aggregator platform with an enquiry form raised mixed questions of fact and law regarding interactivity and purposeful availment under the Banyan Tree test, which could not be resolved without evidence at trial; the court directed that territorial jurisdiction be decided as a preliminary issue after pleadings and evidence.

In trademark infringement suits involving internet-based disputes, territorial jurisdiction under Section 20 CPC is determined at the demurrer stage by assuming plaint averments as true, and objections succeed only if the court lacks jurisdiction as a matter of law even on those facts (Para 25, relying on Exphar SA v. Eupharma Laboratories Limited, (2004) 3 SCC 688).

Accessibility of a defendant's website in the forum state, coupled with features like a "Contact Us" page inviting services and downloadable product information, may prima facie constitute purposeful availment conferring jurisdiction, subject to evidence at trial on interactivity under the sliding scale and effects tests (Para 27-29, relying on Banyan Tree Holding (P) Limited v. A. Murali Krishna Reddy & Anr., 2009 SCC OnLine Del 3780).

Third-party aggregator listings promoting products with enquiry forms can contribute to cause of action arising in the forum state if averred to facilitate trade opportunities, and such factual disputes cannot be summarily resolved under Order VII Rule 10 CPC without trial (Para 31).

In passing off and infringement actions, cause of action arises where confusion or deception occurs or injury is caused to the plaintiff, and online accessibility creating potential for such harm in the forum state suffices to invoke jurisdiction pending trial determination (Para 26, relying on Millennium & Copthorne International Limited v. Aryans Plaza Services Private Limited, 2018 SCC OnLine Del 8260).

Case Title: Sun Pharmaceutical Industries Ltd. Vs. Artura Pharmaceuticals P. Ltd.:24 November 2025:CS(COMM) 1038/2024:2025:DHC:10348:Hon’ble Mr. Justice Tejas Karia  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Softgel Healthcare Pvt. Ltd. Vs Pfizer Inc.

Pfizer Inc., holder of US Patent No. 9,777,441 for crystalline forms of Tafamidis sold as VyndaMax, filed infringement suits in the US District Court, Delaware against Cipla and Hikma upon their ANDA submissions; to gather evidence from Indian third-party manufacturer Softgel Healthcare allegedly supplying the API, the US court issued letters rogatory under the Hague Convention; the Madras High Court single judge allowed execution by appointing a commissioner in O.P.(PT) Nos.5 & 6 of 2024 on 28.01.2025; Softgel appealed contending the request contravenes India's Patents Act 1970 and India's reservation against pre-trial discovery; the division bench, finding the request aimed at pre-trial documents which India excludes under Article 23 of the Hague Convention, lacking specificity under Article 3, and prejudicial to sovereignty under Article 11 given Softgel's pending Indian patent application, allowed the appeals on 25.11.2025 setting aside the single judge order and dismissing the applications for commission.

- India has declared under Article 23 of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970 that it will not execute letters of request issued for pre-trial discovery of documents (Para 33).

- Letters rogatory from a foreign court must contain the specificity required under Article 3 of the Hague Convention; vague or non-specific requests are not enforceable in India (Para 34).

- Under Article 11 of the Hague Convention, a person may refuse to give evidence if it would prejudice the sovereignty or security of the requested state, particularly when the evidence relates to a pending patent application in India (Para 34).

- Execution of letters rogatory in India under Order XXVI Rules 19-22 read with Section 78 CPC is subject to compliance with the Hague Convention and India's reservations thereunder; requests for pre-trial discovery in patent matters pending in India may be refused (Para 32).

Case Title: Softgel Healthcare Pvt. Ltd. Vs Pfizer Inc. & Ors.  

Order Date: 25 November 2025  

Case Number: L.P.A. Nos.17 & 18 of 2025  

Neutral Citation: Not yet assigned  

Court: High Court of Judicature at Madras  

Judge: Hon’ble Dr. Justice G. Jayachandran & Hon’ble Mr. Justice Mummineni Sudheer Kumar  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

SKA Insurance Surveyors and Loss Assessors Private Limited Vs. Regional Director (Northern Region), Ministry of Corporate Affairs

SKA Insurance Surveyors and Loss Assessors Pvt. Ltd., incorporated on 25.02.2022 by Mr. Sushil Kumar Agarwal who had resigned only two months earlier from the 2008-incorporated SKAAD Insurance Surveyors and Loss Assessors Pvt. Ltd. (of which he had been a director for 13 years), was directed by the Regional Director under Section 16(1)(a) of the Companies Act, 2013 to change its name within three months on the ground that “SKA” and “SKAAD” followed by identical descriptive words were too nearly resembling and likely to cause confusion, especially since both companies carry on identical business. The petitioner challenged the order in a writ petition contending that Section 16(1)(a) cannot be invoked when the earlier company has no registered trademark and that the RD impermissibly entered into trademark/passing-off considerations. The Delhi High Court dismissed the writ petition on 19.11.2025 holding that Section 16(1)(a) operates independently of trademark rights and is attracted merely on similarity of corporate names without requiring proof of deception or confusion, that the names were substantially identical when read as a whole, and that the common directorship and identical business made the RD’s conclusion unassailable.

- Section 16(1)(a) of the Companies Act, 2013 is attracted merely on objective similarity/near resemblance of corporate names and does not require proof of likelihood of confusion or deception as in a passing-off action (Para 7-10).  

- Jurisdiction under Section 16(1)(a) is wider than trademark/passing-off jurisdiction and operates independently of the existence of a registered trademark (Para 8, 10).  

- While comparing names under Section 16(1)(a), the names must be considered as a whole; addition or deletion of one letter (“SKA” vs “SKAAD”) in the dominant part followed by identical descriptive words renders the names too nearly resembling (Para 10).  

- Common directorship and identical nature of business are relevant circumstances that strengthen the conclusion of near resemblance under Section 16(1)(a) (Para 11).  

- The Regional Director is not required to decide ownership of trademark or passing-off while exercising power under Section 16(1)(a) (Para 9, 12).

Case Title: SKA Insurance Surveyors and Loss Assessors Private Limited Vs. Regional Director (Northern Region), Ministry of Corporate Affairs & Anr.  

Order Date: 19 November 2025  

Case Number: W.P.(C) 17574/2025  

Neutral Citation: Not yet assigned  

Court: High Court of Delhi at New Delhi  

Judge: Hon’ble Mr. Justice Prateek Jalan  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Shroff Geeta Vs Asst. Controller of Patents and Design

Shroff Geeta’s patent application 3853/COL/MP/2008 filed in 2008 for a composition comprising human embryonic stem cells derived from 2–7 day old human embryos and their derivatives was rejected by the Controller on 24.09.2018 primarily under Section 3(b) of the Patents Act, 1970 holding that the invention necessarily involved destructive use of human embryos for industrial or commercial purposes which is contrary to public order and morality. The applicant appealed under Section 117A contending that the invention did not necessarily destroy embryos and the Controller misapplied Section 3(b). The Calcutta High Court dismissed the appeal on 17.11.2025 upholding the refusal, holding that derivation of human embryonic stem cells by immunological or mechanical isolation from the inner cell mass of the embryo inevitably requires destructive use of the embryo, that commercial exploitation of such cells is contrary to morality and public order, and that the Controller’s order was reasoned, in conformity with the National Guidelines for Stem Cell Research 2017 and required no interference.

- Inventions involving derivation of human embryonic stem cells by destructive isolation from human embryos (even at blastocyst stage) are hit by Section 3(b) of the Patents Act, 1970 as being contrary to public order or morality (Para 9-10).

- Commercial or industrial use of human embryos or embryonic stem cells obtained by processes that lead to destruction of the embryo is non-patentable under Section 3(b) irrespective of the therapeutic potential of the invention (Para 10).

- Section 3(b) excludes inventions whose primary or intended use or commercial exploitation is contrary to morality even if the invention is novel and inventive (Para 6-7, 10).

- Use of human embryos for industrial or commercial purposes falls within the classic examples of immoral inventions excluded from patentability (Para 8).

Case Title: Shroff Geeta Vs Asst. Controller of Patents and Design  

Order Date: 17 November 2025  

Case Number: IPDPTA/88/2023 (OA/10/2019/PT/KOL)  

Neutral Citation: Not yet assigned  

Court: High Court at Calcutta (Original Side – Intellectual Property Rights Division)  

Judge: Hon’ble Mr. Justice Ravi Krishan Kapur  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Sh. Gaurav Khattar Vs. Sh. Virender Aggarwal

Gaurav Khattar had suffered an ex-parte decree in a cheque-bounce recovery suit on 10.06.2016 after summons were served on his father at 186 Teliwara, Delhi on 18.05.2016; he filed RFA 485/2025 with a delay of 3192 days claiming he never knew of the suit because he lived at 219 Teliwara and was estranged from his father. The High Court dismissed the appeal on 25.06.2025 holding the service valid and the delay unexplained. Thereafter, Khattar filed a review petition relying on “newly discovered” Aadhaar card and bank passbook showing address 219 Teliwara and medical records of his father’s cataract surgery in December 2016 and family discord. The High Court held that Aadhaar and passbook were always obtainable with due diligence hence not “new evidence”, that even if accepted they did not prove residence at the material time in May 2016, that service on father was lawful under CPC, and that the father’s surgery being post-service was irrelevant; finding no error apparent on record nor any ground for review, the court dismissed the review petition on 24.11.2025.

- Review cannot be allowed on documents (Aadhaar, bank records) that were always capable of being obtained by due diligence from concerned authorities (Para 8-9).

- For “newly discovered evidence” under Order 47 Rule 1 CPC, the document must not have been within the applicant’s power to produce at the proper time despite reasonable diligence (Para 8).

- Service of summons on adult family member (father) at the defendant’s known address is valid service under CPC; subsequent medical condition of the family member is irrelevant if it arose after service (Para 9, 12-13).

- No error apparent exists merely because certain documents on record were not specifically adverted to in the judgment if they do not affect the legality of service already effected (Para 10-13).

Case Title: Sh. Gaurav Khattar Vs. Sh. Virender Aggarwal  

Order Date: 24 November 2025  

Case Number: Review Pet. 427/2025 in RFA 485/2025  

Neutral Citation: Not yet assigned  

Court: High Court of Delhi at New Delhi  

Judge: Hon’ble Mr. Justice Tejas Karia  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Rallis India Limited Vs. Deputy Controller of Patents

Rallis India Limited appealed against the Deputy Controller's order dated 05 March 2024 rejecting its patent application No. 4135/CHEN/2014 for a stable herbicidal composition comprising Pendimethalin and Metribuzin in emulsifiable concentrate formulation, filed on 25 August 2014 with examination request on 27 September 2017 leading to FER on 22 July 2019 citing lack of novelty inventive step and non-patentability under Sections 3(d) and 3(e); 

Pre-grant oppositions were filed by Haryana Pesticide Manufacturers Association on 10 September 2019 and Chimanbhai Chauhan challenging under Sections 25(1)(b) to (g) with hearings concluded by 2023. 

The Madras High Court reasoned that the impugned order erroneously relied on D3 (IN 2243/MUM/2014) as prior art without addressing whether its EC claims were fairly based on the provisional specification filed 09 July 2014 which disclosed only suspo-emulsion not EC, 

Ignored expert affidavits distinguishing formulations and D3's deemed revocation status, overlooked additional prior arts cited by opponents, and inadequately assessed comparative data for synergy. The appeal was allowed order set aside and matter remanded to a different Controller for fresh reasoned decision within four months after hearing parties keeping all contentions open without the Court's observations binding the remand.

Important Law Point:

For a complete specification to claim priority from a provisional specification under Section 11(2) of the Patents Act, 1970, the claims must be fairly based on the disclosure in the provisional; failure disqualifies it as prior art for anticipation if the specific invention (e.g., EC formulation) is absent in the provisional. 

The Controller must provide explicit reasoned findings on all material contentions responses evidence including expert affidavits and status of cited patents (e.g., deemed revocation under Rule 58(2) of Patents Rules, 2003) in refusal orders; omission renders the order unsustainable. 

 In appeals under Section 117A(2) of the Patents Act, 1970, the High Court may set aside a patent refusal and remand for fresh adjudication by a different officer if the order lacks proper consideration without the appellate observations prejudicing the remand. 

Case Title: Rallis India Limited Vs. Deputy Controller of Patents and Designs & Ors.  

Order date: 20 November 2025  : C.M.A.(PT) No. 21 of 2024 :Mad HC: Hon'ble Mr. Justice Senthilkumar Ramamoorthy  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Novo Nordisk Vs. Dr. Reddys Laboratories

Novo Nordisk A/S, holder of Indian Patent No. 262697 (IN'697) granted on 5 September 2014 with priority from 18 March 2005 for acylated GLP-1 analogs including Semaglutide used in treating Type 2 diabetes and obesity, filed a suit against Dr. Reddy's Laboratories Limited alleging infringement by their manufacture and intended sale of generic Semaglutide and sought interim injunction under Order XXXIX Rules 1 & 2 CPC. 

Defendants countered with revocation grounds under Sections 64(1)(a), (e), (f) of Patents Act 1970 claiming anticipation by prior claiming in plaintiff's own genus patent IN'964, prior publication, obviousness/lack of inventive step, and evergreening. 

The Single Judge, after detailed analysis, held the suit patent prima facie vulnerable to revocation as the species compound Semaglutide was anticipated by claims in IN'964, obvious to a 'person in the know' (same inventor) without inventive step over prior art teachings, constituted evergreening to extend monopoly, and no other grounds favored validity. 

The interim injunction application was dismissed with prima facie observations not binding trial.

In assessing obviousness under Section 64(1)(f) of the Patents Act, 1970, for a species patent derived from a prior genus patent by the same inventor, the perspective shifts from the ordinary 'person skilled in the art' to a 'person in the know' who is intimately familiar with the genus patent's details, making obviousness easier to establish. ( paras 67-70, 90)

A subsequent species patent may be invalidated for anticipation by prior claiming under Section 64(1)(a) if its claims are subsumed within the broader claims of an earlier genus patent by the same patentee, even if the specific compound is not explicitly disclosed. (paras 26-55)

 Evergreening through minor modifications to extend patent monopoly without significant therapeutic enhancement renders the patent vulnerable, especially when the species lacks inventive step over the genus. (paras 89-90)

For interim injunction in patent infringement, where validity is credibly challenged on grounds like obviousness and evergreening, no prima facie case exists if the patent appears revocable; balance of convenience favors denying relief when plaintiff does not manufacture locally and damages are quantifiable. (paras 94-99)

 Defendants who 'clear the way' by challenging patent validity prior to launch may avoid interim injunction, promoting timely resolution over market disruption. (paras 96-98)

Case Title: Novo Nordisk Vs. Dr. Reddys Laboratories Limited : 02 December 2025  : CS(COMM)565/2025  :2025:DHC:10820:Hon'ble Ms. Justice Manmeet Pritam Singh Arora  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Nannir Water Source LLP Vs Syed Imran

Nannir Water Source LLP, proprietor of registered trademark NANNIR and manufacturer of eco-friendly electricity-free water treatment systems, filed a commercial suit before the Madras High Court against YouTuber Syed Imran and YouTube seeking interim injunction restraining the defendants from keeping online an allegedly false, malicious and disparaging product review video uploaded on 25 May 2025 in the channel “Buying Facts”. 

The Single Judge, relying on the Bombay High Court decision in Marico Ltd v Abhijeet Bhansali, held that the statements in the video were prima facie reckless, malicious and not backed by any credible scientific material, that freedom of speech under Article 19(1)(a) does not extend to maligning or disparaging another’s goods, and that such conduct violates the plaintiff’s right to carry on trade under Article 19(1)(g). Finding prima facie case, irreparable injury and balance of convenience in favour of the plaintiff, the Court granted ex-parte interim injunction and directed YouTube to take down the impugned video till further orders.

False, reckless and malicious statements in a YouTube product review video that disparage and malign the goods of another without any credible scientific basis constitute slander of goods/disparagement and are not protected under Article 19(1)(a) of the Constitution of India. (Nannir Water Source LLP v Syed Imran & Ors, O.A.Nos.1107 & 1108 of 2025 in C.S.(Comm.Div.) No.302 of 2025, paras 3-7, relying on Marico Limited v Abhijeet Bhansali dated 15.01.2020 (Bombay High Court))

Commercial speech is part of Article 19(1)(a) but cannot be abused to malign or disparage the product of others; such disparagement amounts to an unreasonable restriction on the aggrieved party’s fundamental right to carry on trade and business under Article 19(1)(g). (paras 4-6)

When prima facie malice and falsity are established in a disparaging video, ex-parte interim injunction and mandatory take-down direction against the platform are justified. (paras 7-8)

Case Title: Nannir Water Source LLP Vs Syed Imran : : 26 November 2025  : C.S. (Comm.Div.) No.302 of 2025  :Mad HC:Hon'ble Mr. Justice N. Senthilkumar  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Ms Anuradha Sharma . Vs. Jiva Ayurvedic Pharmacy Ltd.

Jiva Ayurvedic Pharmacy Limited obtained an ex-parte interim injunction from the Commercial Court restraining Anuradha Sharma and another from using their registered trademark SHATAM JEEVA on the ground of similarity with Jiva’s mark JIVA. 

In appeal, the Division Bench of the Delhi High Court stayed the injunction till the next date of hearing, holding that since the appellants possess a registration for SHATAM JEEVA, no case of infringement arises. 

On passing off, the marks JIVA and SHATAM JEEVA are prima facie entirely dissimilar when compared as composite device marks, the plaintiff Jiva had disclaimed the word “Jiva” in one of its registrations, and crucially, the Commercial Court failed to record any finding on accumulation of goodwill in JIVA prior to 2018 (the appellant’s date of adoption/registration) despite the law requiring sales and advertisement figures to prove goodwill existing before the defendant’s entry, rendering the grant of injunction unsustainable at the prima facie stage.

Important Law Point:

A registered trademark cannot be injuncted on the ground of infringement of another mark; only passing off remains available against a registered mark. (paras 14-15)

 In a passing off action, the rival marks must be compared as composite/device marks and not merely as word marks; added features and overall visual impression are decisive. (paras 15(i) 

To succeed in passing off, the plaintiff must prima facie establish goodwill in its mark prior to the date of adoption/registration of the mark by the defendant; mere sales figures post-dating the defendant’s entry are insufficient. (paras 15(iii)-(vi), citing Brihan Karan Sugar Syndicate (P) Ltd v. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (2024) 2 SCC 577 and Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. (2018) 2 SCC 1)

Absence of a clear finding on pre-existing goodwill is fatal to the grant of interim injunction in a passing off action. (paras 15(vi), 16)

Case Title: Ms Anuradha Sharma. Vs. Jiva Ayurvedic Pharmacy Limited : 01 December 2025  : FAO (COMM) 334/2025 :Del DB:: Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Om Prakash Shukla  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Kohinoor Seed Fields India Vs Veda Seed Sciences-DB

Kohinoor Seed Fields India Pvt Ltd filed a trademark infringement and passing off suit against Veda Seed Sciences Pvt Ltd in Delhi High Court, claiming Veda infringed its registered marks TADAAKHA and SADANAND, and common law mark BASANT, by using similar marks like VEDA TADAAKHA GOLD for cotton hybrid seeds after appellant terminated their non-exclusive marketing agreement executed in Delhi, which had permitted Veda limited use for specific hybrids produced by appellant. 

Veda filed an application under Order VII Rule 10 CPC challenging territorial jurisdiction; a Single Judge allowed it and returned the plaint, holding no cause of action arose in Delhi as the agreement was not integral to the infringement claim, mere trademark registration in Delhi insufficient, and no evidence of sales or targeting in Delhi via e-commerce listings by third parties. 

On appeal, the Division Bench reasoned that the marketing agreement formed part of the cause of action since infringement stemmed from use beyond its permitted scope and it was executed in Delhi, registration alone does not confer jurisdiction but infringement location does, interactive e-commerce availability of products accessible in Delhi constitutes purposeful availment conferring jurisdiction unlike passive sites, and the Single Judge erred by relying on material outside the plaint to dismiss third-party listings' relevance. The appeal was allowed, impugned order set aside, and suit restored as maintainable in Delhi High Court.

Point of Law Settled:

Execution of a marketing agreement in a particular jurisdiction constitutes part of the cause of action for a trademark infringement suit where the infringement is alleged to arise from use of marks beyond the agreement's permitted scope, thereby vesting territorial jurisdiction in that court under Section 20(c) of the CPC. ( paras 18-18.8)

Mere registration of a trademark at the Trade Marks Registry located in Delhi does not confer territorial jurisdiction on the Delhi High Court for an infringement suit unless the actual infringement occurs within its territorial limits. (paras 17-17.13)

In trademark infringement cases involving e-commerce, if the defendant's website is interactive and enables customers within the jurisdiction to place orders, make inquiries, or engage in transactions, it amounts to purposeful availment of the jurisdiction, thereby vesting territorial jurisdiction in that court. (paras 19-19.15)

Availability of allegedly infringing products on third-party e-commerce platforms accessible within the jurisdiction can support a plea of territorial jurisdiction if the plaint avers potential sales or confusion there, though the defendant's actual responsibility for such listings is a matter for trial and cannot be dismissed at the threshold based on material outside the plaint. ( paras 21-21.4)

 Where no part of the cause of action arises within the jurisdiction of the plaintiff's principal office but arises at a subordinate office, the plaintiff cannot invoke jurisdiction at the principal office under Section 134(2) of the Trade Marks Act, 1999, but this principle does not apply if elements like agreement execution or e-commerce targeting create cause of action at the principal office. (paras 20-20.5)

Kohinoor Seed Fields India Pvt Ltd Vs Veda Seed Sciences Pvt Ltd : 3 December 2025  : FAO(OS) (COMM) 66/2025:2025:DHC: 10789-DB:Del HCHigh Court of Delhi at New Delhi  : Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Om Prakash Shukla  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

ITC Limited Vs. Adyar Gate Hotels Limited

The plaintiffs ITC Ltd. and ITC Hotels alleged that Adyar Gate Hotels wrongfully used the mark “DAKSHIN” for its standalone Chennai restaurant after expiry of their hotel operating agreement, claiming infringement, passing off, and copyright violation.

 The defendant asserted long, continuous adoption since 1989, concurrent trademark registration, acquiescence, and absence of Delhi jurisdiction. 

The Court held that no commercial transaction or targeted business occurred in Delhi, the plaintiffs’ apprehension of future expansion was unsubstantiated, and Section 134/62 “long-arm jurisdiction” was unavailable as the cause of action arose in Chennai. 

On merits, the Court further noted that both parties hold valid registrations for “DAKSHIN,” attracting Section 28(3) and 30(2)(e) protection, meaning no infringement action lies unless the defendant’s registration is first cancelled; therefore only passing-off could be examined. 

Ultimately, the Court refused interim injunction for lack of territorial jurisdiction and absence of prima-facie infringement.

• A plaintiff cannot rely on mere accessibility of defendant’s restaurant listings on Zomato/Instagram/EazyDiner to establish territorial jurisdiction; specific targeting and commercial transaction within the forum must be shown (Paras 35–41, 45–47).
• Reservation of a table online is not a “commercial transaction” within the forum state unless the service is actually rendered there (Para 45).
• A quia-timet jurisdictional plea requires tangible and reasonable material; a bald apprehension of future expansion into Delhi is insufficient for interim relief (Paras 57–64).
• Section 134 Trade Marks Act and Section 62 Copyright Act cannot be invoked where the cause of action arises at the place of plaintiff’s principal place of business; Sanjay Dalia principle applied (Paras 65–69).
• When both parties hold valid registrations for the same mark, Section 28(3) and Section 30(2)(e) bar an infringement claim unless the defendant’s registration is first rectified (Paras 72–75).
• Passing-off remains maintainable even where both parties are registered proprietors (S. Syed Mohideen rule reaffirmed) (Para 75) 

 ITC Limited Vs. Adyar Gate Hotels Limited: 4 December 2025: CS(COMM) 119/2025: 2025:DHC: 10842: Hon’ble Mr. Justice Amit Bansal

Disclaimer[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Ganraj Enterprises Vs Landmark Crafts Pvt. Ltd.

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The appeal arose from Ganraj Enterprises’ challenge to the Registrar’s rejection of its rectification petition against trademark registration No. 1566805 for the mark “HP” owned by Landmark Crafts. The Court noted that Landmark was the prior adopter and user of “HP”, supported by undisputed invoices since 2006, whereas Ganraj’s claimed user of “HP+” from 2014 lacked credible proof. The Court held that alleged territorial restriction in the earlier registration could not limit the effect of the later pan-India registration (TM No. 2848372), and issues of alleged false user claim of 1995 or infringement consequences were matters for the pending commercial suit. Holding that Ganraj had locus but no merit on grounds urged, the Court upheld the Registrar’s order and dismissed the appeal.

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Law Settled 

• Territorial limitations or conditions attached to one registration cannot automatically extend to an associated or later registration unless expressly included. Foodlink F&B Holdings v. Wow Momo Foods, 2023 SCC OnLine Del 4719; applied in Para 11.3.1–11.3.4.
• Filing of an infringement/passing-off suit by the registered proprietor is not a ground to maintain rectification. Para 12(i).
• Prior user right of proprietor established through undisputed invoices (here, from 28.09.2006) prevails over later adoption by the applicant. Para 11.4.3.
• Territorial limitation in TM No. 1566805 does not restrain proprietor from using the mark outside that territory; it only affects the ability to sue for statutory infringement in those territories, not passing off rights. Para 11.6.
• Allegations of false user claim (1995) were left open to be decided in the pending commercial suit and cannot sustain rectification when the appellant itself avoids adjudication on that point. Para 10 & 12(ii).

Ganraj Enterprises Vs Landmark Crafts Pvt. Ltd. : 02 December 2025: C.A. (COMM.IPD-TM) 164/2022:Del HC: Hon’ble Ms. Justice Manmeet Pritam Singh Arora

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[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor (Patent and Trademark Attorney), High Court of Delhi]

Edible Products (India) Limited Vs Shalimar Chemical Works Pvt. Ltd.

The plaintiff Shalimar Chemical Works sued Edible Products India Ltd. for passing off and infringement, alleging deceptive similarity in trade dress, colour scheme and HDPE bottle shape used for coconut oil, and obtained an ex parte injunction that was later made absolute; the defendant appealed. 

The Calcutta High Court held that passing off—being broader than infringement—required application of the Trinity Test, and found that Shalimar had long-standing goodwill linked to its distinctive yellow-green HDPE packaging since 2006, while the defendant offered no credible explanation for adopting a strikingly similar get-up, including bottle shape and colour arrangement, thereby creating likelihood of confusion for an average consumer. 

The Court concluded that goodwill, misrepresentation and likelihood of damage were clearly established, rejected the defendant's arguments on generic bottle shape, distinct labels, different product class (hair oil), non-suing of other infringers, and upheld the trial court’s grant of temporary injunction, dismissing the appeal.

Law Settled:

A passing-off action remains independent of trademark registration and is broader than infringement; Section 27(2) preserves the common law tort of deceit (Paras 42–45, S. Syed Mohideen v. P. Sulochana Bai, (2016) 2 SCC 683).

The Classical Trinity Test—goodwill, misrepresentation, and likelihood of damage—governs passing off; assessment is from the viewpoint of an average person with imperfect recollection (Paras 47–50, Reckitt & Colman v. Borden [1990] RPC 340).

Distinctiveness of trade dress is judged on overall get-up, not isolated elements; similarity in total impression is sufficient for injunction (Paras 51–57, Gerbatschow Wodka KG v. John Distilleries Ltd., (2011) 47 PTC 100).

Class or category of goods is irrelevant in passing off when the get-up causes confusion regarding trade origin (Para 63, Sony Kabushiki Kaisha v. Mahaluxmi Textile Mills, (2009) 1 CHN 852 (FB)).

Defence of publici juris/common to trade fails without proof of substantial and continued use by others (Paras 71–73, Assam Roofing Ltd. v. JSB Cement LLP, AIR 2016 Cal 41).

Adoption of a similar get-up without explanation raises presumption of dishonesty (Para 69, Satyam Infoway Ltd. v. Siffynet Solutions, (2004) 6 SCC 145).

Appellate Court will not interfere with a well-reasoned discretionary injunction unless findings are perverse (Para 79, settled principles of appellate review).

Edible Products (India) Limited Vs Shalimar Chemical Works Pvt. Ltd.: 03.12.2025: FMAT No. 189 of 2024;: 2025:CHC-AS:2186-DB:Calcutta HC:Hon’ble Justice Sabyasachi Bhattacharyya and Hon’ble Justice Supratim Bhattacharya

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor (Patent and Trademark Attorney), High Court of Delhi]

Classic Legends Pvt. Ltd. Vs. Tide Water Oil Co. (India) Ltd.

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The case concerned the fate of the historic ‘YEZDI’ trademark after Ideal Jawa’s winding-up proceedings, where the company had ceased production since 1996 and the Official Liquidator neither renewed nor protected the mark for over 15 years. The Single Judge had held Ideal Jawa to be the continuing owner and declared later registrations in favour of Mr. Boman Irani as void; however, on appeal, the Division Bench examined the factual background of the liquidation, the complete absence of use, the omission of the trademark from the valuation and sale of assets, and the expiry and removal of the registrations. It held that the trademark and any associated goodwill had entirely dissipated due to prolonged non-use, non-renewal and inaction of the OL, that no rights survived in favour of the company in liquidation, and consequently allowed the appeals and set aside the impugned order.

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Law Settled:

Service of notice on the trade mark agent of the company would amount to service of notice on the company. [Para 79]

A trademark not renewed and not used for decades loses all common-law and statutory protectability; goodwill does not survive prolonged non-use. Classic Legends Pvt. Ltd. v. Tide Water Oil Co. (India) Ltd., paras 67

• Trademarks are not automatically treated as saleable assets in liquidation unless asserted, protected, valued, or included in asset sale documentation; omission from valuation and sale extinguishes any claim. Paras 26–29.

 

• Section 47(3) “special circumstances” cannot rescue a mark where the company and OL show complete inaction for 15+ years; liquidation alone is not a shield. Para 69 .

 

• Once registrations lapse and are removed, and no steps for restoration or protection are taken, no goodwill remains with the company in liquidation. Paras 108.

 

• Appellate court may overturn a Single Judge’s declaration of ownership when factual materials show absolute abandonment and dissipation of trademark rights. Para 110.

Classic Legends Pvt. Ltd. Vs. Tide Water Oil Co. (India) Ltd.: 27 November 2025: OSA No. 8-13 of 2023: Karnataka HC: Justice D.K. Singh and Justice Venkatesh Naik T

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[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation[

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Capital Meters Ltd. Vs B.P. Electric

The plaintiff, owner of the registered trademark CAPITAL used since 1986 for electrical goods, filed a suit alleging that the defendant had clandestinely begun marketing fans under the identical mark, thereby infringing and passing off goods as those of the plaintiff. The defendant was served but proceeded ex parte. The plaintiff’s unrebutted evidence—including trademark registration, long and extensive user, invoices, advertisements, and deceptive similarity between the parties’ labels—was accepted by the Court. Holding that the defendant had dishonestly adopted the mark to exploit the plaintiff’s goodwill, the Court restrained the defendant by permanent injunction, directed delivery-up of infringing material, and ordered rendition of accounts through a Local Commissioner.

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 Law Settled in the Case 

• Deceptively similar trademark used on allied/cognate goods constitutes infringement and passing off; adoption of an identical mark like CAPITAL for fans was held likely to cause confusion and deception (Para 4).
• Unrebutted ex parte evidence proving long user, registration, and goodwill is sufficient to establish infringement when defendant does not contest the suit (Paras 3–4).
• Dishonest adoption inferred where defendant copies a well-established mark to trade upon plaintiff’s goodwill, entitling the plaintiff to injunction and consequential relief (Para 4).
• Court may order delivery-up of infringing goods and materials for destruction as part of protective relief in trademark infringement suits (Para 4).
• Where infringement is proved, defendant is liable for rendition of accounts, and Court may appoint a Local Commissioner for computation of profits (Para 5).

Complete Citation: Capital Meters Ltd. v. B.P. Electric, 2001 SCC OnLine Del 1155 : (2002) 95 DLT 846 : 2002 AIHC 2340 : (2002) 24 PTC 382 (Del).

Case Title: Capital Meters Ltd. Vs B.P. Electric

Order Date: 12 October 2001

Case Number: Suit No. 1413 of 1998

Neutral Citation: 2001 SCC OnLine Del 1155

Court: High Court of Delhi

Judge: Hon’ble Ms. Justice Sharda Aggarwal

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[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor (Patent and Trademark Attorney), High Court of Delhi]

Bignet Solutions LLP Vs. Novex Communications Pvt. Ltd

Bignet Solutions LLP filed a suit seeking declaration that 15 specific pre-1965 sound recordings were in the public domain and no licence from Novex Communications Pvt. Ltd. was not required for playing them at a private event on 12.10.2025. The venue had insisted on an NOC from Novex, which quoted a fee. On 10.10.2025 the court passed interim orders permitting the event upon undertakings, the event was peacefully held, and only the listed 15 songs were played. Novex clarified that these particular recordings never formed part of its repertoire, that it never asserted rights over pre-1965 recordings whose copyright had expired, and that the quotation was issued because the initial request did not specify release years. Finding that Novex asserted no rights over pre-1965 sound recordings, that the event concluded without interference and the limited cause of action stood satisfied, the court disposed of the suit along with pending applications while rejecting the claim for damages and refund of court fees.

- Novex Communications Pvt. Ltd. does not claim and has never claimed copyright in sound recordings published before 1965 whose term has expired under Section 27 of the Copyright Act, 1957, and no licence fee is payable to it for public performance of such recordings (Paras 6, 6.1, 11 & 12).

Bignet Solutions LLP Vs. Novex Communications Pvt. Ltd.  : 21.11.2025  : CS(COMM) 1094/2025  :DHC: Hon'ble Ms. Justice Manmeet Pritam Singh Arora  

[Readers are advised to exercise their own discretion as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

ARQ Providores Vs Schloss HMA Pvt. Ltd.

The Delhi High Court considered a trademark infringement and passing-off action filed by ARQ Providores, a sweets and confectionery brand using the mark “ARQ” since 2018, against Schloss HMA (The Leela Group), which launched luxury hospitality services under “THE ARQ / ARQ BY THE LEELA” in 2024. Although the plaintiff established prior use, goodwill, and the defendants’ knowledge of its mark, the defendants possessed a subsisting registration for “THE ARQ” in Class 43, preventing an infringement claim but not a passing-off action. The Court held that the parties operate in allied and cognate fields catering to similar high-end consumers, creating a likelihood of confusion. However, since defendants had already commenced services, the balance of convenience warranted interim directions rather than a complete injunction. The Court ordered the defendants to use “ARQ” only as “ARQ BY THE LEELA,” discontinue their existing logo, refrain from using “ARQ” for sweets, confectioneries, catering, or in-villa restaurant services, and file a reply before the next hearing.

Case Law Held:

Vaidya Rishi India Health (P) Ltd. v. Suresh Dutt Parashar, 2025 SCC OnLine Del 6147:Cited by the Court to reiterate that no infringement action lies against a registered proprietor using its own registered trademark for the class in which it is registered. The principle upheld: registration acts as a statutory defence, but passing off action still survives. [Referred in the present order at Para 24–25.]

Suparshva Swabs India v. AGN International, 2025 SCC OnLine Del 8239 [Relied upon to reaffirm that courts cannot restrain use of a validly registered trademark .The Court held that only passing off can be maintained even when the defendant owns a registration. [Referred in the present order at Para 24–25.]

Indian Hotels Co. Ltd. v. Jiva Institute of Vedic Science & Culture, 2008 SCC OnLine Del 1758C[ited by the defendants; the case held that where a party has obtained registration without objection, balance of convenience may tilt in its favour when use has already commenced.  [Referred in the present order at Para 17.6]

Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382 Cited for the principle that pre-institution mediation under Section 12A of the Commercial Courts Act is not mandatory when urgent interim relief is sought.Applied to grant exemption from pre-litigation mediation.[eferred in the present order at Para 2.]

ARQ Providores Vs Schloss HMA Pvt. Ltd. : 17.11.2025: CS(COMM) 1227/2025: High Court of Delhi: Hon’ble Mr. Justice Tejas Karia

[Readers are advised to exercise their own discretion as it may contain errors in perception, interpretation, and presentation]

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Aristo Pharmaceutical Pvt. Ltd. Vs. Healing Pharma India Pvt. Ltd

The Court held that the plaintiff’s mark ACECLO, being a clipped and descriptive form of the International Non-Proprietary Name Aceclofenac, is publici juris and incapable of exclusive monopolisation under Section 13 of the Trade Marks Act; since both parties adopted marks derived from the same INN and the defendant’s mark “ACECLOHEAL” added a distinctive suffix, the rival marks were prima facie dissimilar, the plaintiff’s inconsistent use of its originally registered mark weakened any claim of acquired distinctiveness, and no likelihood of confusion or misrepresentation was established; therefore, no prima facie case of infringement or passing off was made out and the application for interim injunction was rejected.

Case law relied/held:

Sun Pharmaceutical Laboratories Ltd. v. Hetero HealthCare Ltd. & Anr., 2022 SCC OnLine Del 2580, relied upon in Paras 17–18, holding that INN-derived marks or clipped forms thereof cannot confer exclusivity as they remain publici juris.

Schering Corporation & Ors. v. Alkem Laboratories Ltd., 1990 SCC OnLine Bom 425, discussed in Para 17 as precedent recognising that abbreviations or truncated forms of generic drug names remain descriptive and non-monopolisable.

M/s Panacea Biotec Ltd. v. M/s Recon Ltd., 1996 PTC 16, cited in Para 19 for the principle that marks descriptive of pharmaceutical ingredients or indicative of drug composition cannot be exclusively appropriated.

F. Hoffman-La Roche & Co. Ltd. v. Geoffrey Manners & Co. Pvt. Ltd., AIR 1970 SC 2062, relied upon in Para 21 for evaluating similarity based on the distinctive/uncommon parts when the common element is descriptive or generic.

Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., (2001) 5 SCC 73, noted in Para 23 for clarifying that Schedule-H status does not dilute the test for deceptive similarity in pharmaceutical marks.

Aristo Pharmaceutical Pvt. Ltd. Vs. Healing Pharma India Pvt. Ltd.: 25 November 2025: Commercial IP Suit (L) No. 25932 of 2025: 2025:BHC-OS:22177: High Court of Bombay : Hon’ble Ms. Justice Sharmila U. Deshmukh

[Readers are advised to exercise their own discretion as it may contain errors in perception, interpretation, and presentation[

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]

Arif Elahi Vs. Martin Davis

The Court noted that both the present suit and the defendant’s suit before the Commercial Court concerned the same trademark “MR COOK”, and held that consolidation was necessary to avoid multiple proceedings and conflicting decisions. Rejecting the defendant’s objection that a pending Order VII Rule 11 application made consolidation improper, the Court reasoned that such pendency does not bar transfer under Rule 26 of the IPD Rules. Accordingly, the Court ordered the transfer of CS(COMM) 866/2025 from the Commercial Court to the High Court for consolidation with the present suit.

Case Law Held (with Para Reference):

The Court held that under Rule 26 of the Delhi High Court IPD Rules, proceedings involving the same or related IP subject matter ought to be consolidated to prevent conflicting decisions and expedite adjudication (Para 7–9).

Arif Elahi Vs. Martin Davis: 28.11.2025: CS(COMM) 59/2025:DHC: Hon’ble Mr. Justice Tejas Karia

[Readers are advised to exercise their own discretion as it may contain errors in perception, interpretation, and presentation]

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor (Patent and Trademark Attorney), High Court of Delhi]

Ajay alias Vishal Veeru Devgan The Artists Planet

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The plaintiff, actor Ajay Devgn, sued various defendants for impersonation, unauthorized sale of merchandise, and circulation of AI-generated deepfake and pornographic content misusing his name, image, voice and likeness. The Court held that his well-established celebrity status gives him protectable personality and publicity rights, and found prima facie infringement by defendants involved in impersonation, sale of merchandise, and AI-morphed content. Considering the irreparable harm and balance of convenience, the Court granted an ex-parte ad-interim injunction directing takedown of infringing URLs, blocking of pornographic domains, cessation of misuse of his persona, and mandated platforms to provide BSI details and ensure compliance.

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Case Law Held:

• D.M. Entertainment Pvt. Ltd. v. Baby Gift House & Ors., MANU/DE/2043/2010 — Recognition of personality/publicity rights of celebrities; unauthorized merchandise amounts to passing off (Para 50).

• Anil Kapoor v. Simply Life India & Ors., 2023 SCC OnLine Del 6914 — Protection against deepfakes and unauthorized digital exploitation of celebrity persona (Paras 38–40 referred in Para 50).

• Jaikishan Kaku Bhai Sarf Alias Jackie Shroff v. The Peppy Store & Ors., 2024 SCC OnLine Del 3664 — Personality rights include name, image, voice, likeness; protection against AI-generated obscene or unsavoury content (Para 50).

• Reference to statutory framework: Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815 — Cited regarding exemption from pre-institution mediation (Para 10).

• Interpretation of obligations under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 — Court emphasized mandatory first-resort takedown mechanism (Para 56)

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Ajay alias Vishal Veeru Devgan  Vs The Artists Planet : 27.11.2025: CS(COMM) 1269/2025: High Court of Delhii: Hon’ble Ms. Justice Manmeet Pritam Singh Arora

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[Readers are advised to exercise their own discretion as it may contain errors in perception, interpretation, and presentation. Written By: Advocate Ajay Amitabh Suman, IP Adjutor (Patent and Trademark Attorney), High Court of Delhi]