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)…
The primary issue in this appeal before the Supreme Court is whether Pernod Ricard (the Appellant) is entitled to an interim injunction restraining Karanveer Singh Chhabra (the Respondent) from using the “LONDON PRIDE” trademark and associated trade dress on grounds of trade mark infringement and passing off. The Commercial Court (Indore) and the High Court…
The Delhi High Court holds that the word “Yatra”, meaning “journey” or “travel” in Hindi, is generic and descriptive and therefore cannot be monopolised as a trademark in relation to travel services. The Ruling came in Yatra Online Limited Vs Mach Conferences and Events [CS(COMM) 1099/2024], whereby the interim injunction sought by Yatra Online Limited’s…
Homonymous GIs can coexist when supported by longstanding historical use and adequate measures to safeguard consumers The IPAB erred in granting Peru exclusive rights over the GI ‘Pisco’ without recognising Chile’s legitimate interests Both ‘Peruvian Pisco’ and ‘Chilean Pisco’ could be registered with clear qualifiers In a significant decision for geographical indication (GI) jurisprudence in…
Background The dispute revolves around a patent infringement case, CS (Comm) 655/2023, filed by Kubota Corporation (Kubota) against Godabari Agro Machinery and Services India Private Limited (GAMS) and two Chinese companies that were allegedly manufacturing the machine and parts that were being sold in India by GAMS. Kubota Corporation, a Japanese multinational, alleged that GAMS…
The article discusses Appeal filed at Bombay High Court against refusal of patent application No. 1851/MUM/2015. Background The Petitioners, Mohun Nicholas D’Souza and Vishal Praful Singh Solanke (Petitioners), approached the Bombay High Court challenging the rejection of their patent application No. 1851/MUM/2015 titled “Tamper Evident Twist Seal with Breakaway Anchor Mechanism”. The invention pertains to…
In a significant ruling delivered on July 28, 2025, the two judge Bench of the Delhi High Court (Division Bench) dismissed an appeal filed by Bodhisattva Charitable Trust (BCT) and maintained the injunction passed against them by the Single Judge from using the names such as Mayo Medical Centre, Mayo Institute of Medical Sciences, Mayo…
In a recent decision, the Delhi High Court dismissed a trademark and copyright infringement suit filed by Coromandel Indag Products India Limited (CIPL/Plaintiff) against Sumitomo Chemical Company Limited (Sumitomo) and another defendant, ruling that CIPL lacked the legal standing to pursue the action. The dispute centred on the use and rights over the trademark “PADAN,”…
In a decisive ruling, the Madras High Court has upheld the trademark rights of Apex Laboratories Pvt. Ltd., restraining Knoll Healthcare Pvt. Ltd. from using the mark ZINOLVITA for its pharmaceutical products. The judgment, delivered after a combined hearing of the suit and cross-rectification petitions filed by the parties against each other, highlights that even…
Background The article covers an Appeal, C.A. (COMM.IPD-PAT) 60/2024, filed by Dong Yang PC, Inc. a Korean company against the decision of Controller of Patents and Designs (Controller) whereby it rejected Dong Yang PC, Inc. (Appellant) Patent Application No. 2554/DEL/2013 relating to a “Vertical Rotary Parking System”. The application was refused on grounds of lack…
In a recent judgment, the Division Bench of the Delhi High Court upheld an interim injunction granted by the District Judge (Commercial Courts), restraining the defendants, KRB Enterprises and others, from using the mark ‘KRB’ or any other mark deceptively similar to ‘KRBL’, the registered trademark of M/s KRBL Limited. The High Court dismissed the…
Interim relief is crucial in patent cases, as trials can be lengthy. Without temporary protection, patentees risk losing the value of their patents due to unauthorized use. Measures like security deposits help enforce damages awards. In a recent case before the Delhi High Court, Communication Components Antenna Inc. v. Ace Technologies Corp., the court ordered…
