202510.07
32

Flag Dispute Unfurled: Court Rejects Claims of Infringement and Passing Off

G.B. Pachaiyappan and others, as plaintiffs, approached the Madras High Court against Tamilaga Vettri Kazhagam and others, the defendants, alleging trademark infringement, copyright violation, and passing off, among other claims. Alongside the main suit, the plaintiffs also moved for interim relief by way of an injunction. This article examines the arguments presented by both parties…

202510.03
32

Demonstrating Inventive Step: The Critical Role of Comparative Experimental Data

Saint Gobain Glass France vs Assistant Controller of Patents & Asahi India Glass (C.A. (COMM.IPD-PAT) 13/2024- Delhi High Court Background The dispute centres around Indian Patent Application No. 201717045317, titled “Material comprising a stack of thin layers” filed by Saint Gobain Glass a French company specializing in glass products for various industries. The application was…

202509.30
32

Delhi High Court Rejects Monopoly Over ‘WOW’: Trademark Injunction Denied

The Delhi High Court dismissed an application for interim injunction filed by Wow Momo Foods Private Limited, which sought to restrain the Defendants, Wow Burger & Anr, from using the mark “WOW BURGER.” The Plaintiff alleged infringement of its marks “WOW!” and “WOW! MOMO,” contending that “WOW!” was the dominant and distinctive feature of its…

202509.23
32

Prior Publication Winds Blow Against Atomberg’s Fan Design Claim

Atomberg Technologies Pvt. Ltd. recently escalated its legal battle against Luker Electric Technologies Pvt. Ltd. to the Division Bench (DB, Two Judge Bench) of the Bombay High Court, following the refusal of a Single Judge to grant an interim injunction in a suit alleging design infringement and passing off. The case revolves around Atomberg’s claim…

202509.16
32

Common words make weak trademarks- Lessons from the Delhi High Court

Two recent decisions from the Delhi High Court highlight the risks of building brands around common or laudatory terms. In Yatra.com, [CS(COMM) 1099/2024] the Court held that “Yatra” (meaning “journey/travel”) is descriptive and part of everyday parlance. The Plaintiff could not establish that the word had acquired a secondary meaning exclusively pointing to its services….

202509.15
32

Beyond Stability and Mixtures – Patent Law Challenges for Biologics in India

A patent application filed for a formulation or composition typically involves at least one active pharmaceutical ingredient (API) that is combined with various excipients. The excipients are substances that serve as carriers, stabilizers, solubilizers, preservatives, or enhancers of bioavailability. The resulting formulations not only deliver the API effectively but also improve their safety, stability, shelf-life,…

202509.12
3

The Qatar TMO Update – Digital Transformation Initiative effective August 2025

The Qatar Trademark Office (TMO) has officially embarked on a digital transformation initiative effective August 2025, marking a significant step towards modernizing its intellectual property infrastructure. As part of Qatar’s broader e-government strategy, the move is aimed at streamlining administrative procedures and improving access to trademark services for both local and international rights holders. Key…

202509.09
3

Reengaging with IP in a changing legal landscape: Syria

With recent international developments and the easing of certain restrictions, Syria is gradually reopening to global commerce. The Syrian IP Office continues to operate, creating a more favourable environment for trademark and patent protection. Trademark: Businesses should ensure their core and house marks remain valid, enforceable, and strategically aligned with broader brand protection. Equal attention…

202509.09
32

Miniso restrained by the Bombay High Court in the Neck Pillow Design Row

A design can have both functional and aesthetic elements. Protection is granted if the design is not dictated solely by function and there exist alternative designs to achieve the same function. The Bombay High Court recently addressed a dispute concerning allegations of design piracy and passing off between Travel Blue Products India Pvt. Ltd. (TBPL)…