The Delhi High Court IP Division (IPD), created on February 28, 2022, celebrated its first anniversary to coincide with World IP Day. In the last decade, the Delhi High Court has earned the reputation of being the “centre for IP excellence,” with complex IP cases and propositions being debated that have had far-reaching consequences on…

The article underlines the importance of trademark protection in a booming nutraceuticals market in India and explain what steps brand owners should take. India has witnessed massive growth in the nutraceutical market in recent years. The pandemic heightened consumer interest in preventative healthcare and has transformed consumers’ habits and market behaviour with regard to healthcare…

In the case at hand, although there are substantial similarities in the competing marks, there is no material on record for the Court to conclude that Defendants’ adoption was dishonest or so to say, that Defendants have misrepresented their marks to be that of the Plaintiff’s. On the contrary, adoption of the impugned mark prima…

In a landmark decision, the Delhi High Court denied an injunction to the Plaintiff (BOEHRINGER INGELHEIM PHARMA GMBH) for infringement of patent rights in Linagliptin, a drug to treat Type 2 diabetes. While deciding the infringement action, the Court analyzed various vital factors, including species versus genus patent infringement. In this case, the Court also…

To establish whether something is common general knowledge, the first and most important step is to look at the sources from which the skilled addressee could acquire the information. The Delhi High Court in an Appeal against the Order of Controller of Patents in Agfa NV & anr vs The Assistant controller of patents and…

On April 6, 2023, the Indian government published a public notice of new rules for the online gaming industry entitled “Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.” The Rules require online gaming intermediaries to take steps so that the users do not share any information that infringes intellectual property rights….

The mark of the plaintiff and the defendant prima facie appear to be similar both visually as also phonetically, with ‘MONSOON HARVEST’ being the dominant part thereof. Mere addition of the word ‘WINGREENS’ or the logo in the defendant’s mark is not sufficient to distinguish the same on application of the test of an unwary…

The Delhi High Court, in a recent order, while dealing with an appeal by OPENTV INC for refusal of its patent (by the Indian Patent Office), highlighted the need to re-visit the blanket exclusions set out in section 3(k) in relation to “business methods.” The Court observed that “a large number of inventions in emerging…

Under the law of trademarks, the threshold for extending exclusive rights to the shape of a product is quite high. The shape by itself should immediately be identifiable with the source of the product. For trademark registration of the shape of a product, the same can only be granted if it has acquired a secondary…

‘Phonepe’ and ‘Postpe’ are the marks involved in the latest round of litigation between PhonePe Private Limited (PPL) and Resilient Innovations Private Limited (Resilient) at the Bombay High Court. The parties have had several rounds of litigation in the past before various Courts. In this round, PPL has sought an injunction against Resilient from using…