C.A.(COMM.IPD-PAT) 4/2025, I.A. 3780/2025 & I.A. 3781/2025 Delhi High Court The appellants through this Appeal before the Delhi High Court sought to overturn a decision by the Assistant Controller of Patents and Designs refusing their patent application, titled “Innovative Change To Solve Any Dispute, Unexpected Business Loss, Closures, Financial Loss, Unexpected Accidents,”. The application was…

In a significant ruling, the Bombay High Court has set aside the Trade Marks Registry’s refusal Order to register the device mark consisting of Prakriti Paint with cow head device logo under Class 2. The Court held that the Registrar of Trade Marks erred in applying Section 9(1)(b) of the Trade Marks Act, 1999, which…

Q1: How does the Indian legal system differentiate between games of chance and games of skill? The Indian courts have used the “dominant factor test” or “predominant test” to determine whether skill or chance plays a predominant part in determining the result of the game. Games based on skill are kept out of the purview…

At the centre of this dispute is the goodwill of the law firm Remfry & Sagar and its name that was gifted by Dr V. Sagar to the Remfry & Sagar Consultants Private Limited (RSCPL), a private limited company substantially held by Dr. Sagar’s children who were not legal practitioners The appeals before the Delhi…

Background of the Case Saregama India Limited (Saregama) filed a suit against Vels Film International Limited (Defendant no 1) and others, at the Delhi High Court, for infringing its copyright in the song “En Iniya Pon Nilave” from the film “Moodu Pani” by using it in the film “Aghathiyaa”. Saregama claimed ownership of the song…

I.A. 7635/2024 and I.A. 46685/2024IN C.O.(COMM.IPD-PAT) 38/2022 Background The Petitioner, Macleods Pharmaceuticals Ltd., is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The Respondent no. 2, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and is involved in developing, manufacturing, and marketing pharmaceuticals worldwide,…

The Delhi High Court has ruled in favor of Opella Healthcare Group (“Petitioner”) in its bid to protect its mark “PHENSEDYL.” The dispute revolved around the Respondent’s (Vaibhav) mark “PHENSERYL” and its associated artistic work, which the Petitioner argued were deceptively similar to their well-known trademark. The Petitioner has also obtained an injunction from the…

The case highlights that apart from claims of ‘trade secrets’ and ‘confidential information’ the attorneys working with a law firm are bound by attorney client communication being privileged and cannot be divulged to a third party under any circumstances. Sharing such information and communication would not only be unethical but also a breach of the…

Zydus Healthcare Ltd. (“Zydus”) and Alder Biochem Pvt. Ltd. (“Alder”) are at loggerheads over the mark BIOCHEM. Zydus brought trademark infringement and passing-off lawsuit against Alder’s use of the mark ALDER BIOCHEM as its trade name. Zydus alleged that a) Alder’s use violated its intellectual property rights over the trademark BIOCHEM b) Alder’s adoption of…

Facts and Background The Plaintiffs, AstraZeneca, filed a suit (CS (Comm.) 101/2022) at the Delhi High Court seeking a permanent injunction to restrain the Defendant, Westcoast Pharmaceutical Works Limited from infringing their patent IN 297581. The Patent was for the novel compound Osimertinib, used for treating specific types of non-small cell lung cancer. In January…