Recently, the Delhi High Court granted a compulsory license for the sound recordings owned by Phonographic Performance Limited (“PPL”) in response to a petition filed by Al Hamd Tradenation (“Petitioner”). The Petitioner was organizing a corporate event for 50 attendees at a hotel in Delhi. During the booking process, the hotel informed the Petitioner that...
Recently, in an intra-court appeal filed by Under Armor Inc. (“Appellant”), a Division Bench of the Delhi High Court overturned a single judge’s decision that had declined interim relief to the Appellant. By way of quick background, the Appellant had initiated a suit against Anish Agarwal and his company (“Respondents”) alleging, inter alia, trademark infringement, seeking...
Recently, the High Court of Delhi allowed a writ petition filed by Mr. Rakesh Kumar Mittal (“Petitioner”), thereby directing the Registrar of Trade Marks (“Respondent”) to restore and reinstate the Petitioner’s trademark MILTON. The Court further directed the Respondent to grant renewal of the said trademark, subject to the Petitioner’s filing of the requisite application...
Recently, the High Court of Delhi allowed a writ petition filed by Mr. Rakesh Kumar Mittal (“Petitioner”), thereby directing the Registrar of Trade Marks (“Respondent”) to restore and reinstate the Petitioner’s trademark MILTON. The Court further directed the Respondent to grant renewal of the said trademark, subject to the Petitioner’s filing of the requisite application...
In a recent decision, the Delhi High Court upheld the rejection of a patent application by the Indian Patent Office, reiterating the dual threshold for inventive step under the Indian Patents Act, i.e., not only must an invention demonstrate technical advancement, but it must also be non-obvious to a person skilled in the art (PSITA)....
In the recent judgment, the Hon’ble Delhi High Court, granted a decree of permanent injunction against M S Hotel Ritz & Ors (“Defendants”) restraining them from infringing the trademarks of The Ritz Hotel Limited & Ors (“Plaintiffs”) and declared the Plaintiffs’ RITZ, RITZ-CARLTON, THE RITZ-CARLTON Device marks as well-known trademarks in respect of hotels and...
The Delhi High Court applies prosecution history as an estoppel in a patent infringement analysis to prevent a patentee from using the doctrine of equivalents (DoE) to recapture subject matter surrendered from the literal scope of a claim during prosecution. The ruling emerged from an interim injunction application filed by Crystal Crop Protection Limited, seeking to...
The Division Bench of the Delhi High Court recently set aside an impugned order restraining the appellant, IndiaMart Intermesh Ltd., from offering prospective sellers the option to use the mark PUMA as a search option in the drop-down menu displayed during the registration process on its platform. By way of background, the respondent, Puma SE,...
The Division Bench of Delhi High Court dismissed an appeal filed by RSPL Health Pvt. Ltd. (“Appellant”), challenging the decision of the Ld. District Judge, who had earlier refused to grant interim injunction against Sun Pharma Laboratories Limited (“Respondent”). The suit was based on the Appellant claiming trade mark infringement and passing off owing to...
The Delhi High Court recently set aside the refusal of patent application by the Indian Patent Office, reiterating the procedural rigor required for objections under Section 3(d) of the Patents Act, particularly in pharmaceutical inventions. The appeal was filed by Taiho Pharmaceutical Co. Ltd. against the refusal of Indian Patent Application No. 7283/DELNP/2014 titled “Novel...
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