Ajay Amitabh Suman

Ajay Amitabh Suman

Member since: January 10, 2019
Total live articles: 842

Myself Ajay Amitabh Suman, An Advocate Practicing Hon'ble High Court of Delhi, having specialization in Intellectual Property Right for more than 22 years. Besides practicing in Hon'ble High Court of Delhi, I am also a Poet, Author, Blogger, Vlogger and Writer.

Recent Articles by Ajay Amitabh Suman

Filing The Trademark As Proposed To Be Used Did Not Defeat The Claim Under Co...

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This case arose from an appeal filed under Order 43 of the Code of Civil Procedure, challenging the grant of an interim injunction by the learned 10th Additional District and Sessions Judge, Ah...

Delivery Of Infringing Goods To A Location Within The Jurisdiction Of A Court...

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The present case involves a complex intellectual property dispute revolving around the infringement of industrial designs, trademarks, and patents in the textile machinery sector. Rieter AG and...

Order VI Rule 17 CPC Should Be Liberally Granted When They Are Based On Subse...

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"The case of Puja Agarwal v. Pravesh Narula before the Delhi High Court involved a challenge under Article 227 of the Constitution of India to an order permitting amendment of a plaint in a com...

A Common Or Dictionary Word Can Become Distinctive And Monopolizable If It Ac...

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The case of Pernod Ricard India Private Limited vs A B Sugars Limited & Another, decided on 31st October 2023 by the High Court of Delhi, is a critical precedent in the domain of trade...

Vague Or Unsubstantiated Claims Of Urgency Do Not Exempt Plaintiffs From Sect...

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The case of Exclusive Capital Ltd. v. Silver and C.Z. International is a significant commercial dispute adjudicated by the High Court of Delhi, addressing the mandatory requirement of pre-insti...

Trademark Registration And Assignments Are Prima Facie Valid

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The case of Diamond Modular Pvt. Ltd. v. Vikash Kumar & Anr. is a pivotal trademark infringement dispute adjudicated by the High Court of Delhi, addressing the protection of registered trad...

The Court Can Assess The Reasonableness Of License Terms In Section 31(1)(A) ...

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The case of Al Hamd Tradenation v. Phonographic Performance Limited is a significant copyright dispute adjudicated by the High Court of Delhi, addressing the issue of compulsory licensing under...

A Registered Trademark Cannot Infringe, Per Sections 29 And 30(2)(E)

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The case of Abros Sports International Pvt. Ltd. v. Ashish Bansal and Ors. is a significant trademark dispute adjudicated by the High Court of Delhi, addressing complex issues of trademark infr...

Accrual of Miniscule cause of action and Jurisdiction

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The case of Sterling Agro Industries Ltd. v. Union of India & Ors. [(2011) 10 GSTR 20 : (2011) 43 VST 375 : 2011 SCC OnLine Del 3162], decided by a five-judge Larger Bench of the Delhi High...

Court Can Pass Summary Judgement Under Order 13 A Of Commercial Court Act Eve...

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The case of Mallcom (India) Limited & Anr. v. Rakesh Kumar & Ors. [CS(COMM) 480/2016], decided by the Delhi High Court on March 19, 2019, before Justice Rajiv Sahai Endlaw, is a landmar...

Acquiescence Requires Active Encouragement, Not Mere Inaction

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The case of Marico Limited v. Pr. Mukesh Kumar & Ors. [CS(COMM) 1569/2016], decided by the Delhi High Court on August 27, 2018, before Justice Manmohan, is a pivotal ruling in Indian tradem...

Courts Can Take Cognizance Of Events, During The Pendency Of Appeal

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The case of M. Rangaiah Naidu (Died) By L.Rs. v. Abdul Kareem Khan And Ors. [1992 (1) ALT 336], decided by the Andhra Pradesh High Court on November 3, 1989, before Justice Radha Krishna Rao, i...

Under Section 17 Of TM Act 1999, A Registered Label Mark’s Essential Featur...

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The case of Keshav Kumar Aggarwal v. M/S NIIT Ltd. [CS (OS) No. 2237/2012], decided by the Delhi High Court on March 22, 2013, before Justice Kailash Gambhir, is a significant ruling in Indian ...

Availability Of A Defendant's Products On E-Commerce Platforms Accessible In ...

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The case of V Guard Industries Ltd. v. Sukan Raj Jain is a significant intellectual property dispute adjudicated by the High Court of Delhi, focusing on the issue of territorial jurisdiction in...

The Defendant's Prior Market Presence Cannot Be The Sole Basis For Denying An...

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The case of Sana Herbal Pvt. Ltd. Vs. Dehlvi Ambar Herbals Pvt. Ltd. & Anr. [FAO(COMM) 104/2025] represents a significant procedural ruling by the Delhi High Court, addressing the appropria...

Maintainability of Patent Infringement Suit during pendency of Post Grant Opp...

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The case of Astrazeneca AB & Anr. v. Westcoast Pharmaceutical Works Limited [2023:DHC:3337] is a pivotal decision by the Delhi High Court addressing the maintainability of a patent infringe...

Gurmeet Singh Sachdeva v/s Skyways Air Services Pvt. Ltd

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The case of Gurmeet Singh Sachdeva v. Skyways Air Services Pvt. Ltd. [CM(M) 147/2024, Delhi High Court] is a significant ruling by the Delhi High Court that addresses the scope of Order 7 Rule ...

A Review Petition Is Maintainable If No Appeal Has Been Filed At The Time Of ...

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This case is a significant decision by the Delhi High Court that addresses the interplay between the right to file a review petition and an appeal under Order 47 Rule 1 of the Code of Civil Pro...

The Doctrine Of Election Does Not Apply When Proceedings Differ In Ambit And...

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The doctrine of election is a fundamental principle in law that typically prevents a party from pursuing two inconsistent remedies for the same relief. However, its applicability becomes nuance...

The Doctrine Of Equivalents Applies Only When Omitted Elements Are Non-Essential

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The case of Crystal Crop Protection Limited vs Safex Chemicals India Limited and Others is a significant patent infringement dispute adjudicated by the High Court of Delhi. The plaintiff, Cryst...

A Party Cannot Pursue Both Patent Revocation Petition And A Counter-Claim See...

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The case of Dr. Aloys Wobben and Another vs. Yogesh Mehra and Others is a landmark judgment delivered by the Supreme Court of India on June 2, 2014. It addresses critical issues in patent law, ...

The Twin Requirements Must Be Satisfied For The Court To Entertain The Commer...

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This case pertains to a civil revision application filed by Maheshbhai Hajibhai Sojitra, proprietor of Siddhi Lime, challenging an order passed by the 7th Additional District Judge, Rajkot, in ...

A Mark’s Commonality To Trade Requires Evidence Of Substantial Use By Other...

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The case of PVS Knittings v. P. Prakash, adjudicated by the High Court of Judicature at Madras, is a significant trademark dispute involving allegations of infringement, passing off, and copyri...

A Family Trademark Adopted By A Common Ancestor Cannot Be Exclusively Appropr...

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Heard in the High Court at Calcutta, Commercial Division, the case revolves around the plaintiff’s claim to exclusive rights over the trademark "NEW LIFE" and the defendant’s alle...

A Temporary Injunction Order Is Discretionary, Not An Adjudication, Even If N...

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The interplay between judicial discretion and adjudication in the context of temporary injunctions is a cornerstone of civil litigation, particularly in intellectual property disputes. The case...

Patent Examination Processes Must Adhere To Principles Of Natural Justice, Re...

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The case of ITC Limited Vs. The Controller of Patents, Designs & Trademark represents a significant clash between intellectual property rights and public health considerations in India. At ...

Combining Processes From Multiple Prior Arts Does Not Constitute A Known Proc...

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In the intricate world of intellectual property, patent disputes often hinge on the delicate balance between innovation and prior art. The case of Annikki GmbH v. Assistant Controller of Patent...

Unveiling the Clash of Jurisprudence: Adversarial v/s Inquisitorial

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The Indian legal system, rooted in the common law tradition, operates predominantly on an adversarial model where the court acts as a neutral arbiter, adjudicating disputes based on the evidenc...

The Ear, Not Eye Principle Governs Infringement In Musical Works

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The case of Ustad Faiyaz Wasifuddin Dagar versus A.R. Rahman and others, adjudicated by the High Court of Delhi, represents a significant exploration of copyright law in the context of Hindusta...

A Local Commissioner's Report Is Admissible Evidence Under Order 26 Rule 10(2...

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Decided by the High Court of Delhi on January 3, 2018, this case addresses critical issues of trademark infringement, passing off, and the evidentiary value of a Local Commissioner's report. Th...

Courts Will Intervene When Patent Rejections Lack Reasoning

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The case of Agriboard International LLC vs Deputy Controller of Patents and Designs, decided by the Delhi High Court on March 31, 2022, stands as a landmark in Indian patent law, highlighting t...

Rejection of Patent for lack of inventive step requires a discussion of the p...

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The case of Alfred Von Schukmann vs The Controller General of Patents, decided by the Delhi High Court on January 12, 2023, represents a pivotal moment in Indian patent law, emphasizing the nec...

Pending Trademark Applications Confer No Rights

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The case of Metro Playing Card Co. vs Wazir Chand Kapoor, decided by the Delhi High Court on April 5, 1972, is a seminal decision in Indian trademark law, illustrating the principles governing ...

A Defendant Applying For Trademark Registration Cannot Claim The Mark Is Generic

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The case of Educare Limited & Anr vs S.K. Sachdev & Anr, decided by the Delhi High Court on November 14, 2014, stands as a significant precedent in Indian trademark law, particularly in...

Plaintiffs must provide positive evidence to prove that a defendant’s produ...

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The case of F. Hoffmann-La Roche Ltd. & Anr. vs. Cipla Ltd. represents a pivotal moment in Indian patent law, particularly in the pharmaceutical sector. This high-profile dispute cente...

The Likelihood Of Confusion Is Assessed Based On The Marks’ Look, Sound, Go...

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In the dynamic realm of intellectual property law, trademarks serve as vital identifiers of a brand's identity, fostering trust and recognition among consumers. The case of M/s. Modern Snacks P...

Section 134 of the Trade Marks Act, 1999, provides an additional forum for in...

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In the dynamic landscape of trademark litigation, where brand identity and territorial jurisdiction intersect, the case of *Corona Remedies Pvt. Ltd. vs. Umac Pharmaceuticals & Ors.*, decid...

Importation of Patented product constitutes “working” a patent in India i...

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In the intricate realm of patent litigation, where innovation intersects with public health, the case of Cipla Limited vs. Novartis AG & Anr., decided by the Delhi High Court on March 9, 20...

Use Under The Trade Marks Act, Per Sections 2(2)(C), 28, 29, And 56, Encompas...

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In the vibrant arena of trademark litigation, where brand identity clashes with territorial boundaries, the case of Burger King Corporation vs. Techchand Shewakramani & Ors., decided by the...

The Distinction Between Coverage And Disclosure Does Not Automatically Invali...

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In the intricate tapestry of pharmaceutical patent litigation, where innovation battles generic competition, the case of Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. vs. I...

Section 105 of the Patent Act Overrides Section 34 of the Specific Relief Act...

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In the high-stakes arena of pharmaceutical patent litigation, where intellectual property rights collide with procedural stratagems, the case of Bristol-Myers Squibb Holdings Ireland Unlimited ...

A Credible Challenge To Patent Validity, Requires Serious Question To Be Tried

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In the intricate world of pharmaceutical patents, where innovation meets the crucible of legal scrutiny, the case of Boehringer Ingelheim Pharma GmbH & Co. KG Vs. Vee Excel Drugs and Pharma...

Mere Accessibility Of A Defendant’s Website In The Forum State Does Not Con...

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In the rapidly evolving digital landscape, where websites transcend geographical boundaries, the question of territorial jurisdiction in intellectual property disputes has become a legal conund...

The Term Right To Begin Is Not Merely A Privilege But A Duty For The Plaintif...

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In the fiercely competitive world of Indian automobile manufacturing, intellectual property disputes often ignite significant legal battles, as exemplified by the case of Bajaj Auto Ltd. vs. TV...

If There Is Long Gap Between Prior Art And Patent, Then Small Variation May R...

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In the realm of intellectual property law, the concept of an "inventive step" often serves as the crucible in which patent applications are tested. The case of Avery Dennison Corporat...

20-Year Patent Term From The Application Date Is Consistent With The TRIPS Ag...

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The case of Gunjan Sinha (a) Kanishk Sinha and Anr. Vs. Union of India represents a significant judicial exploration into the constitutional validity of Section 53 of the Patents Act, 1970, whi...

Species Patents Following A Markush Patent Must Demonstrate A Distinct Invent...

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The AstraZeneca AB & Anr. Vs. Intas Pharmaceuticals Limited case, decided on July 20, 2021, by the High Court of Delhi, represents a pivotal moment in Indian patent jurisprudence, particula...

Superior Metabolic Stability Insufficient to Overcome Section 3(d) Objection ...

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The pharmaceutical industry is a battleground where innovation meets accessibility, and intellectual property rights often clash with public health imperatives. The case of AstraZeneca AB &...

Section 124 Of Trademarks Act 1999 Is Inapplicable To Passing Off Action

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In the bustling world of intellectual property disputes, where trademarks and copyrights often clash like titans, the case of Balar Marketing Pvt. Ltd. v. Lakha Ram Sharma Proprietor of Kundan ...

Slogans Or Taglines, If Distinctive And Capable Of Distinguishing Goods, Qual...

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In the competitive world of fast-moving consumer goods, trademarks are not just identifiers but powerful tools that encapsulate brand identity and consumer trust. The case of Procter & Gamb...

Obiter Dicta, Even If Made By A Coordinate Or Larger Bench, Do Not Bind Subse...

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The settled law that obiter dicta are not binding can be found discussed in the Supreme Court's judgment in Property Owners Association vs. State of Maharashtra (2024), particularly in its anal...

Procedural Laws Are Handmaids Of Justice And Courts Must Prioritize Substanti...

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In the intricate tapestry of Indian civil litigation, the concept of limitation serves as a gatekeeper, ensuring that claims are pursued within a reasonable timeframe to promote finality and pr...

Artistic works retain copyright protection unless industrially applied beyond...

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The interplay between copyright and design law in India has long been a fertile ground for legal disputes, particularly when artistic works and industrial designs converge. The Supreme Court of...

License Issuers for Copyrighted Sound Recordings Must Comply with Section 33(...

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The intersection of intellectual property law and commercial interests often gives rise to complex disputes, particularly in the realm of copyright law. The case of Azure Hospitality Private Li...

Low Threshold Test for Framing Issues Under Section 124(1)(b)(ii) of the Trad...

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In the dynamic realm of intellectual property law, disputes over trademark validity often highlight the delicate balance between proprietary rights and fair competition. The case of Franco Indi...

Concurrent Civil and Criminal Proceedings Permissible Despite Pending Civil S...

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In the intricate landscape of intellectual property disputes, the intersection of civil and criminal law often presents complex challenges, particularly when allegations of trademark infringeme...

Mere Website Access or Listings Without Targeting Delhi Don't Confer Jurisdic...

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In the realm of intellectual property law, territorial jurisdiction often emerges as a pivotal battleground, shaping the trajectory of trademark disputes. The case of M/s Kohinoor Seed Fields I...

Patent amendments under Section 59(1) must be limited to disclaimers, correct...

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In the intricate domain of patent law, the case of AbbVie Biotherapeutics Inc. & Anr. v. Assistant Controller of Patents stands as a critical examination of the boundaries of permissible cl...

Rule 18(2) of the Trade Marks Rules, 2017, must be interpreted purposively to...

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In the intricate landscape of trademark law, the case of Mars Incorporated v. The Registrar of Trade Marks & Ors. emerges as a pivotal exploration of procedural fairness and the sanctity of due...

Section 47 of the Trademark Act: Cancellation of Trademarks for Non-Use or La...

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In the dynamic realm of intellectual property law, the case of Falcon Licensing Limited v. PRI Enterprises Private Limited stands as a compelling testament to the judiciary’s commitment to pr...

In Matters Of Involving Infringement Of Trademarks And Copyrights, Injunction...

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In the intricate world of intellectual property rights, where brand identity is paramount, the role of prior use, dishonest adoption, and delay in legal action often come under judicial scrutin...

In Matters Of Involving Infringement Of Trademarks And Copyrights, Injunction...

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In the intricate world of intellectual property rights, where brand identity is paramount, the role of prior use, dishonest adoption, and delay in legal action often come under judicial scrutin...

Trademark Infringement and Passing Off: How Deceptively Similar Packaging, Fo...

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Trademark conflicts in the consumer appliances sector have seen a surge with increasing brand consciousness and aggressive marketing tactics. The case of Maya Appliances Private Limited vs Vibr...

Common Elements Alone Do Not Suffice Unless They Dominate The Mark’s Identi...

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In the dynamic arena of trademark law, the case of Mex Switchgears Pvt. Ltd vs Omex Cables Industries & Anr., decided on July 17, 2017, by the Delhi High Court, emerges as a gripping tale o...

Conditional Injunctions Require Courts To Assess Compliance With Specific Dir...

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In the bustling world of commercial litigation, where brand identity is fiercely guarded, the Madras High Court's Commercial Appellate Division delivered a pivotal ruling on July 8, 2024, in Ma...

Price Differences And Consumer Sophistication Do Not Necessarily Negate Confu...

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In the realm of intellectual property law, trademarks serve as the lifeblood of brand identity, encapsulating a company's reputation, goodwill, and consumer trust. The case of M/S. South India ...

It is the Holistic similarity and not the dissection, which governs Trademark...

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In the intricate tapestry of intellectual property law, the case of M/S Sohan Lal Nem Chand Jain v. Trident Group & Others, decided on October 3, 2011, by the Delhi High Court, stands as a ...

Limits of Descriptive Trademarks: No Absolute Monopoly Despite Secondary Meaning

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In the bustling world of commerce, where brands vie for consumer loyalty, the case of Cadila Healthcare Ltd. v. Gujarat Co-operative Milk Marketing Federation Ltd. & Ors. stands as a compel...

Acquiescence Requires Positive Acts, Not Mere Delay

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In the bustling world of commerce, where brands battle for supremacy, the case of Abdul Rasul Nurallah Virjee and Another vs. Regal Footwear stands as a testament to the fierce protection of in...

Gandhi and Buddha Were Not Wrong-We Wronged Them

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History often remembers great souls with reverence, yet forgets the burden their teachings place upon us. Lord Buddha and Mahatma Gandhi did not merely advocate non-violence, compassion, and tr...

Borrowed Words, Broken Trust: Justice On Trial

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In the democratic fabric of India, the judiciary is not merely an institution-it is the moral compass that steers the nation when other branches falter. Revered as the ultimate guardian of cons...

Patent Revocation Filing Alone Won't Anchor High Court Jurisdiction—Unless ...

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In the intricate realm of intellectual property law, jurisdictional disputes often serve as the gatekeepers to substantive justice. The case of Matrix Laboratories Limited versus F. Hoffmann-La...

Section 29(5) Is An Additional, Not Exclusive, Ground For Infringement, And I...

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In the fiercely competitive landscape of pharmaceuticals, where brand identity can be a lifeline for both companies and consumers, the clash between Mankind Pharma Limited and Novakind Bio Scie...

Trademark Rights Under Section 28: Exclusive Protection Even Without Identica...

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In the bustling world of India's cement industry, where brand identity can make or break a company, a fierce legal battle unfolded between Nuvoco Vistas Corporation Limited and JK Lakshmi Cemen...

Passing Off Protection for Public Domain-Inspired Designs: How Creative Use B...

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In the vibrant world of lifestyle products, where creativity and originality reign supreme, the clash between Eicher Goodearth Pvt Ltd and Krishna Mehta & Ors stands as a compelling narrati...

Commonly used terms describing product attributes cannot be monopolized as a ...

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The case of Cadila Healthcare Ltd. v. Dabur India Ltd., decided by the Delhi High Court, revolves around the claim of exclusive rights over the expression "SUGAR FREE" by Cadila ...

Section 11(2) Requires Proof Of Unfair Advantage Or Detriment, Not Mere Reput...

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The case of Nandhini Deluxe vs. M/S. Karnataka Cooperative Milk Producers Federation Ltd. is a significant trademark dispute adjudicated by the Supreme Court of India on July 26, 2018. The cent...

Vast Price Differential Between The Two Products, Held To Be Fatal Against Gr...

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The case of M/S Gufic Ltd. & Another vs. Clinique Laboratories, LLC & Another is a trademark dispute adjudicated by the High Court of Delhi. This appeal arose from an interim order issu...

Descriptive Marks Require Robust Evidence Of Secondary Meaning For Exclusivity

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The case of M/S Freeelective Network Private Limited vs. M/S Matrimony.Com Limited is a significant trademark dispute adjudicated by the High Court of Judicature at Madras. The Plaintiff, Freee...

Common Field Of Activity Isn't Essential For Passing Off When A Name Carries ...

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In the intricate landscape of intellectual property law, few cases encapsulate the tension between heritage and innovation as vividly as Kirloskar Diesel Recon Pvt. Ltd. and Others vs. Kirloska...

Sale of Infringing Goods as Cause of Action Under Section 20(c) CPC

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In the intricate world of trademark litigation, the case of LG Corporation and Anr. Vs. Intermarket Electroplasters (P) Ltd. stands as a testament to the complexities of territorial jurisdictio...

The Role Of Intermediaries: Such As Social Media Platforms, E-Commerce Websit...

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The advent of the internet has revolutionized communication, commerce, and information dissemination. However, this digital transformation has also led to new legal challenges, particularly con...

Obscenity, Free Speech and Trademark Law

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The relationship between trademark law and obscenity has been a subject of legal debate across various jurisdictions. Courts have often been called upon to determine whether trademarks that may...

Features With Identical Functionality May Negate Novelty If Fully Anticipated...

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This case involves a legal challenge to a patent refusal by the Assistant Controller of Patent and Designs under the Patents Act, 1970, adjudicated by the Bombay High Court in its Commercial Di...

Minor Variations In Trade Dress Or Font Size Do Not Absolve A Party From Infr...

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The case of Madhu Food Products v. Surya Processed Food Pvt. Ltd. revolves around trademark infringement and passing off concerning confectionery products. The dispute involves the respondent, ...

Maintainability Of A Suit Filed In The Name Of A Firm That Had Already Been D...

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The case of American Furnishing House vs. Udal Ram Bhurji presents an important legal question regarding the maintainability of a suit filed in the name of a firm that had already been dissolve...

The Deliberate Imitation Of The Distinctive Elements Indicated Bad Faith Ado...

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The case of VST Industries Limited vs. ASD Tobacco Private Limited & Anr., decided on March 6, 2025, in the Delhi High Court, is a crucial trademark dispute concerning the rectification of ...

Descriptive Words Cannot Be Monopolized In Trademarks Unless They Acquire Dis...

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The case of Kewal Krishan Kumar vs. Rudi Roller Flour Mills (P) Ltd. & Anr. is a significant decision in trademark law, dealing with the question of whether two similar-sounding trademarks ...

Use Of The Trademark For Export Amounted To Use In India

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The case of Saga Lifesciences Limited v. Aristo Pharmaceuticals Pvt. Ltd. is a significant ruling in the field of trademark law, particularly concerning the pharmaceutical industry. The dispute...

Failure to obtain prior permission under Section 124 of Trademarks Act 1999 d...

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Trademark disputes often hinge on complex legal interpretations, particularly regarding the requirement of prior permission under Section 124(1)(b)(ii) of the Trade Marks Act, 1999. The ca...

When the goods are identical, even a slight similarity in trademarks can caus...

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The case of Amba Shakti Steels Ltd. v. Sequence Ferro Private Limited revolves around a trademark dispute concerning the similarity between the trademarks “AMBA” and “AMMAJI.” The appel...

Prior admissions in foreign jurisdictions can be used to assess patent validity

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The case of F. Hoffmann-La Roche AG & Another v. Natco Pharma Limited revolves around the contentious balance between patent rights and the public’s access to affordable medicines. The dispute co...

Jurisdiction and Defendant own admission in opposition proceeding regarding a...

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The case of Prime Comfort Products Private Limited vs. Lal Bahadur Trading as Sulakshmi Enterprises is a significant trademark dispute that brings forth critical issues related to territorial j...

Delays in re-filing should be assessed on different considerations than delay...

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The case of Dr. Narender Kumar Sharma & Ors vs. Maharana Pratap Educational Center revolved around the procedural aspect of filing and re-filing a written statement. The dispute arose when ...

Honest And Concurrent Use Is Not A Defense Against Trademark Infringement

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The case of KEI Industries Limited vs. Raman Kwatra & Anr., decided by the Delhi High Court on May 17, 2022, deals with a dispute over trademark infringement. KEI Industries, a well-establi...

Technical Drawings Could Qualify For Copyright Protection

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The case of J.C. Bamford Excavators Limited & Anr. vs. Bull Machines Pvt. Ltd., decided by the Delhi High Court on December 20, 2017, revolved around allegations of design and copyright inf...

Personal Surnames Cannot Be Used As A Justification For Misleading Branding

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The case of K.G. Khosla Compressors Ltd. vs. Khosla Extrakting Ltd. & Ors., decided by the Delhi High Court on June 19, 1985, dealt with an important question of trademark and business name...

Phonetic similarity alone could be sufficient to establish deceptive similarity

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The case of K.R. Chinna Krishna Chettiar vs. Sri Ambal & Co., Madras & Anr., decided by the Supreme Court of India on April 14, 1969, is a landmark judgment concerning trademark law, pa...

Even Partial Similarities In Trademarks Could Lead To Consumer Confusion

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The case of Izuk Chemical Works vs. Babu Ram Dharam Prakash, decided by the Delhi High Court on May 11, 2007, is a landmark judgment concerning trademark infringement and passing off. The plain...

Consumer confusion, even if indirect, is sufficient to grant an injunction in...

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This case revolves around a legal dispute concerning trademark infringement, passing off, and unfair competition between ITC Limited and Arpita Agro Products Pvt Ltd. The plaintiff, ITC Limited...

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Popular Articles by Ajay Amitabh Suman

Guidelines For Implementation of Section...

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Section 209 of IPC has remained unchartered territory in matters pertaining to Intellec...

The Scope of Contempt Proceedings and re...

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The appeal under consideration challenges an order issued by a single judge of the Madhya Prade...

Additional Documents At The Trial Stage

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This case relates to intellectual property right, more especially trademark right. The judgm...

Producing Additional Document At The Sta...

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The Criminal Method Code of 1973 is the main code governing the procedure followed by Indian co...

Summoning of Registrar of Trademark To P...

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In a Civil Suit proceeding pertaining to Intellectual Property Right in India, when ever matter...

Filing of additional Documents in Commer...

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Prior to enactment of Commercial Court Act 2015, normally Plaintiff or Defendant could file the...

Order 39 Rule 2A CPC and Requirement of ...

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This article examines a recent case where the plaintiff sought to hold Defendant 1 accountable ...

Pass Over and Adjournment: Judicial Way ...

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First, let us clarify what Passover and adjournment are all about. In reality, when an advocate...

Confronting Photocopies of the documents...

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These questions often arises, whether during the course of cross examination, the witness can b...

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