Court: Delhi High Court

The recognition of a mark as well known does not give an automatic right to its owner to apply for rectification of other marks that have subsisted on the register for several years. 

05 June 2024

The court found that the defendants’ use of the mark VIGOURA in relation to homeopathic medicine amounted to infringement and passing off of Pfizer’s registered mark VIAGRA.

30 May 2024

Section 35 of the Trademarks Act prohibited the plaintiff from interfering with the defendants’ use of their own mark, provided that such use was in good faith.

23 May 2024

Although damages were not granted in this case, the grant of partial costs to the plaintiff should encourage similar actions. 

21 May 2024

INTA has filed an amicus brief disagreeing with the court’s interpretation of ‘article’ under the Indian Designs Act, arguing that a recent decision could leave granted designs vulnerable to cancellation. 

09 May 2024

The decision provides a through discussion of the ‘anti-dissection’ and ‘common to the trade’ rules. 

02 May 2024

The court passed a summary judgment and awarded costs in favour of Banyan Tree Holdings, as the defendants had failed to appear and file written statements despite being served with the suit. 

24 April 2024

In a dispute between several tech companies, the Delhi High Court has intervened to restrain the defendant from reselling hard-drive disks. The decision highlights the interplay between proprietary rights and consumer interest, as well as the process of determining a product’s true origin.

18 April 2024

We continue our series highlighting recent Legal Updates you may have missed by looking at success stories in the fashion and luxury industry – providing insights into parody products and the fight against the sale of counterfeit goods on e-commerce platforms, among other things. 

16 April 2024

The imposition of exemplary damages sends a strong message to parties seeking to evade judicial proceedings. 

16 April 2024