The principle of “clearing the way” has become a significant, though non-statutory, aspect of Indian patent litigation, particularly in cases involving interim injunctions. This concept, borrowed from UK and European patent law, expects a party intending to enter a market to address any known patent obstacles in advance rather than adopting a “launch first, litigate…
Introduction In a significant ruling reaffirming the limits of trans-border reputation under Indian trademark law, the Division Bench of the Delhi High Court set aside an order of the Single Judge directing cancellation of the BLUE-JAY trademark registered in favour of Mr. Sumit Vijay and anr. The Court held that global reputation, online presence, and…
The internet has transformed how businesses reach consumers, but it has also quietly created new avenues for deception. What once required physical imitation fake labels, counterfeit goods, misleading shopfronts can now be achieved with a single domain name and a convincing website. The Delhi High Court’s judgment in Dabur India Limited v. Ashok Kumar &…
“Earth provides enough to satisfy every man’s needs, but not every man’s greed”. Mahtma Gandhi With the world becoming more aware of environmental concerns, consumers are gravitating towards products that are purported to be green, sustainable, or environmentally friendly. However, not all such claims are as real as they appear. The businesses riding on this…
Introduction In a significant decision reaffirming the strength of well-known house marks in trademark law, the Delhi High Court dismissed a rectification petition filed by Holy Cow Foundation seeking removal of the trademark “PATANJALI GONYLE FLOOR CLEANER”, registered in Class 5 in favour of Patanjali Gramodyog Nyas (Trust) and others. The Court held that the…
Britannia Industries Limited instituted a suit before the Delhi High Court against Shri Swastik Organics & Ors., alleging infringement of trademark and copyright, passing off, and allied violations. Along with the suit, Britannia sought interim injunctive relief restraining the Defendants from using any trademark, shape, or name identical or deceptively similar to its registered “Little…
The article summarises case brought by Hermes International & Anr. (Plaintiffs) against Macky Lifestyle Private Limited & Anr. (Defendants) at the Delhi High Court for manufacturing, advertising, and selling products identical to the Plaintiffs’ ‘Birkin’ Bag and infringing on the ‘Hermes’ trademarks and stylized marks. Hermes, engaged in the luxury bags and accessories business, alleged…
Tesla Inc., a globally renowned manufacturer of electric vehicles (“EVs”) and sustainable energy solutions, instituted a suit before the Delhi High Court against Tesla Power India Private Limited and its affiliates, alleging trademark infringement, passing off, and allied reliefs. Along with the suit, Tesla Inc. sought an interim injunction restraining the Defendants from using the…
Imagine launching a brand, clearing examination, and even seeing your trademark published, only for the Trade Marks Registry to change its mind months later. That’s exactly what happened in Ashim Kumar Ghosh v. Registrar of Trade Marks (2025). The Delhi High Court’s decision to protect the trademark ‘SoEasy’ marks a broader shift in how Indian…
