Court: Delhi High Court

Featured in Inside India’s IP Market: a Guide 2024

Case backlogs and the abolition of the IPAB has prompted some much needed changes to IP enforcement. These should help to streamline procedures and make it more efficient to obtain patent protection, but there are still details that require clarification from the government and the courts.

30 November 2023

Featured in Inside India’s IP Market: a Guide 2024

In practice, recovering damages from defendants is a challenging and complicated endeavour. Understanding the types of damages, the trends in awarding them and the most common issues that arise when pursuing them and will help to ease the process for victorious rights holders.

30 November 2023

IP owners that cannot legitimately claim urgent interim relief will need to attempt pre-institution mediation under new rules in India, experts at Remfry & Sagar explain.

29 November 2023

A key finding was that the word ‘kind’ is not commonly used in the pharmaceutical industry and is not descriptive of pharmaceutical products.

24 October 2023

Use of a registered trademark as a keyword through the Google Ads program is not infringing in the absence of confusion, unfair advantage or dilution of the trademark.

17 October 2023

Indian actor Anil Kapoor has obtained an ex parte injunction preventing the defendants from using his name, voice and other personal attributes through technological tools - including AI - for commercial purposes.

05 October 2023

The question as to what extent a company can use another’s trademarks as search engine keywords has long troubled brand owners. The Delhi High Court has provided some useful clarity in a case involving Google Ads.

05 October 2023

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2023

Stemming the flow of illicit traders into digital and physical markets and educating consumers on the perils of counterfeit goods are crucial to the country’s continued economic progress.

29 September 2023

Featured in The Trademark Prosecution Review 2024

The Trade Marks Act plays a pivotal role in shaping India’s trademark registration and enforcement framework. With a focus on both registered and unregistered marks, it provides a robust system to protect trademark owners’ rights. Further, the creation of the IP division at the Delhi and Madras High Courts and the hiring of more hearing officers are significant steps toward improving the efficiency of trademark hearings and enforcement in India.

22 September 2023

Disclaiming exclusivity in respect of individual parts of a composite mark does not ipso facto result in disclaiming exclusivity over the mark as a whole. 

08 September 2023