The Single Judge of the Delhi High Court had recently restrained the Defendants, Sammaan Capital Limited and Ors. (part of the Indiabulls Group) from using the trade marks SAMMAAN and SAMMAAN CAPITAL which the Plaintiff, Svamaan Financial Services Pvt. Ltd., alleged to be similar to their SVAMAAN trade mark. However, the Division Bench of the...
A Division Bench of the Delhi High Court, in a review of one of the appeals stemming from a judgement that decided two appeals, held that the review of the judgement concerning one appeal is maintainable and, on the merits, the court held that portmanteau marks can be protected and granted an injunction against the...
The recent ruling by the United States Court of Appeals for the District of Columbia in Thaler v. Perlmutter has reaffirmed that human authorship is essential for claiming copyright protection for works under the US Copyright Act and upheld the US Copyright Office’s refusal of a copyright application, filed by Dr. Stephen Thaler, for registration of...
The Delhi High Court recently restrained Pritamdas Arora, trading as M/s Medserve (“Defendant”) from manufacturing, selling or dealing in counterfeit medical devices bearing Johnson & Johnson’s (“Plaintiff”) trademarks, SURGICEL, ETHICON and LIGACLIP. Further, the court has awarded Johnson & Johnson damages of INR 3.34 crores (approximately) for the Defendants’ counterfeiting activities. The Plaintiff, through its...
Recently, the Delhi High Court set aside the Trade Marks Registry’s (“Registry”) refusal of Mocemsa Care’s (“Mocemsa”) application for its “OH THAT! NATURAL” Device mark (“Impugned Mark”), ruling that the mark was distinctive despite consisting of common English words. Mocemsa in the appeal submitted that it had been using the Impugned Mark for products in...
Recently, the Delhi High Court set aside the Trade Mark Registry’s (“Registry”) order of dismissing Diageo Scotland Ltd.’s (“Appellant”) opposition against the application for the mark CAPTAIN BLUE. As per the Appellant, it is the proprietor of the CAPTAIN family of marks since 2006 which are being used in relation to Class 33 goods, i.e.,...
On April 21, 2025, the Supreme Court stayed the direction issued by the Division Bench of the Delhi High Court requiring Azure Hospitality Private Limited (“Azure”) to make payment to Phonographic Performance Limited (“PPL”) based on the tariff rates prescribed by the only registered copyright society in India, Recorded Music Performance Limited, if it intends...
Recently, the Delhi High Court set aside the Trade Mark Registry’s (“Registry”) order where the Registry refused the application filed by Mankind Prime Labs Private Limited (“Mankind”) for the mark CROSSRELIEF in Class 5. The Court ruled that, CROSS is common in the medical industry and is considered publici juris, thereby not subject to monopoly. Hence, the Court found...
Recently, the High Court of Delhi, ruled in favour of Ustad Faiyaz Wasifuddin Dagar (“Plaintiff”) in a copyright infringement suit filed against Mr. A.R. Rahman & Ors. (“Defendants”), thereby, awarding a cost of Rs. 2 crores to the Plaintiff. It was the Plaintiff’s case that the Defendants had utilized the original composition of the Plaintiff’s...
Recently, a Division Bench of the Calcutta High Court dismissed an appeal challenging the constitutional validity of Section 53 of the Patents Act, 1970, and seeking an extension of the patent term. The appellants had applied for a patent in 2005, which was granted in 2012, with a 20-year validity period. The appellants initially invoked...
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