Recently, a Division Bench of the Delhi High Court allowed six appeals filed by Crocs Inc. against prominent footwear manufacturers in India viz Bata, Liberty, Relaxo, Aqualite, Action Shoes and Bioworld, in a passing-off action. The appeal overturned the single judge’s order which had dismissed Crocs’ suits on the ground that once a design is...
In a significant ruling, the Bombay High Court has set aside the Registrar of Trade Marks’ refusal to register Yamaha Hatsudoki Kabushiki Kaisha’s (“Yamaha”) trademark ‘WR’ filed under Class 12. The Registrar had rejected the application under Section 11(1) of the Trade Marks Act, 1999, citing potential likelihood of confusion with Honda Motor Company Limited’s...
Key Observations from the Pro-Tem ruling in Dolby v. Lava directing Security Deposit of over INR 20 crores The pro-tem order by the Hon’ble Delhi High Court directing Lava to furnish a security deposit of over INR 20 crores is an important milestone in the evolving Indian regime for standard-essential patents (SEPs) and FRAND licensing. The following eight...
In a landmark judgment clarifying the law on homonymous Geographical Indications (“GIs”), the High Court of Delhi recently adjudicated on the long-standing dispute between Chilean and Peruvian producers over the rights to the name PISCO. The petitioner, a Chilean association of Pisco producers challenged an Intellectual Property Appellate Board (“IPAB”) order that had granted a...
Recently, the Delhi High Court allowed a motion filed by Johnson & Johnson Pte. Ltd. (“J&J”) and decreed the suit against Mr. Abbireddi Satish Kumar and others (“Defendants”) without proceeding to trial on the ground that the Defendants had failed to file their response to the complaint. J&J had instituted the suit asserting statutory...
Recently, a Division Bench of the Delhi High Court, while dismissing an appeal, upheld its single judge order to restrain Rajasthan Aushdhalaya Pvt. Ltd. (“Appellant”) from manufacturing and marketing tablets under the mark LIV- 333, owing to its deceptive similarity to the LIV.52 mark registered in favour of Himalaya Global Holdings Ltd. & Himalaya Wellness...
In a recent judgment, while injuncting a Rishikesh-based entity from using the mark CORDELIA for hotel/lodging services, the Delhi High Court (“Court”) has observed that luxury cruise services would certainly be allied and cognate to land-locked hotel services and cannot be said to be dissimilar on any count. The Court observed that both cruise and...
In a recent decision, the Calcutta High Court restrained Amara Raja Energy and Mobility Ltd. from using a red and white trade dress, the term “EL,” and a shattered “O” device on its ELITO-branded batteries, in a trade mark infringement and passing-off suit filed by Exide Industries Limited. Exide, active since 1920, claimed exclusivity over...
The High Court of Delhi in the case of Albemarle Corporation v. Controller of Patents (order dated July 7, 2025) addressed the rights of patent applicants to amend claims during appellate proceedings, offering useful guidance for applicants navigating the Indian patent system. Albemarle Corporation, a US-based specialty chemicals company, had applied for an Indian patent relating to...
Recently, the Hon’ble Bombay High Court granted an interim injunction in favour of Travel Blue Limited, and its Indian subsidiary Travel Blue Products India Private Limited, (“Travel Blue”), restraining the Miniso Lifestyle Pvt. Ltd. and Miniso Hong Kong Ltd (“Miniso”) from pirating Travel Blue’s registered design for its Tranquillity Neck Pillow. Travel Blue first registered...
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