A registered trademark proprietor must establish the necessary factual and evidentiary foundation for infringement and passing off; registration alone does not guarantee relief against every competing mark. SHORT DESCRIPTION ABOUT THE CASE: This case concerned the registered trademark “Dr. WASH” for washing soap and the defendants' use of “Dr. BRIGHT”. The plaintiff alleged trademark infringement and passing off. The defendants filed a rectification petition under Section 57

A simple combination of generic or descriptive words cannot obtain trademark monopoly merely because it is coined or used first; the applicant bears the burden of establishing acquired distinctiveness. SHORT DESCRIPTION ABOUT THE CASE: This case concerns the applications for the mark “ICE CREAM ROCKS” in Classes 29 and 35. The Bombay High Court examined Section 9 absolute grounds, acquired distinctiveness, the difference between the mark actually used and the mark sought to b

Where a competing mark closely resembles a registered trademark and is used for related commercial activities, the Court may grant interim protection to preserve the proprietor's rights pending final adjudication. SHORT DESCRIPTION ABOUT THE CASE: This case concerns Eicher Motors' registered “REOWN” trademarks and the defendants' use of “REOWN MOTO / RM REOWN MOTO”. The Madras High Court had earlier granted interim protection and, on 29 September 2026, extended the interim st

A dispute between competing registered trademarks does not automatically defeat an infringement or passing-off action where superior prior-user rights and the validity of the competing registration are in issue. SHORT DESCRIPTION ABOUT THE CASE: This case concerns ITC Limited's “GOLD FLAKE” cigarette brand and the defendants' use of “IJM GOLD STAG” and associated trade dress. The Calcutta High Court Division Bench considered territorial jurisdiction, competing registered trad

The statutory duty of the Trade Marks Registry to issue a proper renewal notice cannot be defeated merely because an outdated address remains in the Registry records, particularly where the Registry itself had acted upon the updated address. SHORT DESCRIPTION ABOUT THE CASE: This case deals with renewal of a registered trademark and the obligation of the Trade Marks Registry to properly serve the renewal notice contemplated under Section 25(3) of the Trade Marks Act, 1999. Th

Deliberate misuse of a reputed trademark, domain name and copyrighted material to fraudulently solicit dealership payments can justify permanent injunction, damages and costs. SHORT DESCRIPTION ABOUT THE CASE: This case concerns the unauthorized use of the well-known “HERO ELECTRIC” trademark and related copyright material through a deceptive dealership website. The defendants represented themselves as authorised persons offering HERO Electric vehicle dealerships and collecte

A distinctive product shape and registered shape mark can be protected against commercial copying, including the manufacture and supply of empty containers intended for counterfeit products. SHORT DESCRIPTION ABOUT THE CASE: This case concerns the distinctive NUTELLA glass jar and the manufacture and sale of near-identical empty jars by the defendants. The Delhi High Court considered trademark rights in product shape, commercial awareness of the brand and the availability of

A composite trademark must be assessed as a whole, and its individual components should not be artificially separated when determining registrability and likelihood of confusion. SHORT DESCRIPTION ABOUT THE CASE: This case concerns the registrability of the word mark “KAMA CASA” in Classes 20 and 35. The Delhi High Court examined the refusal of the trademark application on relative grounds and considered the legal principle that a composite mark should be assessed in its enti

Prior trademark rights, dishonest adoption and failure to comply with mandatory examination procedures may render a registration liable to cancellation. SHORT DESCRIPTION ABOUT THE CASE: This case concerns the competing rights over the mark “S.S. WHITE” in relation to dental products. The Delhi High Court examined prior adoption, goodwill, knowledge of an earlier mark, statutory examination requirements and the Registrar's power to withdraw an erroneous acceptance of a tradem

Trade dress protection may extend to the distinctive overall commercial appearance of a product, and copying a brand's visual identity can support claims of infringement and unfair competition. SHORT DESCRIPTION ABOUT THE CASE: This case concerns SanDisk's claims relating to its flash memory storage products and the alleged copying of its trade dress by Welborn Industries. The suit included allegations of trademark infringement, trade dress infringement, unfair competition an

Copying registered product marks, distinctive packaging and original product literature may give rise to concurrent trademark, copyright and passing-off claims. SHORT DESCRIPTION ABOUT THE CASE: This case concerns the O3+ skincare and facial-kit products and allegations that the defendants copied the plaintiff's registered marks, product packaging, ingredients lists and directions for use. The case involved trademark infringement, copyright infringement and passing off. FACTS

Territorial jurisdiction, acquiescence and copyright ownership in a composite logo must be assessed separately under the applicable statutory provisions and the evidence on record. SHORT DESCRIPTION ABOUT THE CASE: This appeal concerned ITC's trademark and copyright claims against Adyar Gate Hotels Limited. The Delhi High Court Division Bench examined issues relating to territorial jurisdiction, the statutory framework governing trademark and copyright proceedings, acquiescen

Patent infringement cannot be established merely by showing that two technologies serve a similar objective; the actual patent claims and their limitations must be compared with the accused technology. SHORT DESCRIPTION ABOUT THE CASE: This is a significant patent infringement dispute involving a communication device security technology and Xiaomi’s “Find Device” feature. The Delhi High Court refused interim injunction after examining the patent claims, the accused technology

Where a defendant’s product prima facie falls within the scope of a subsisting patent, the Court may grant interim protection to prevent continued commercial exploitation pending final adjudication. SHORT DESCRIPTION ABOUT THE CASE: This case concerns infringement of Indian Patent No. 382949 titled “A Pharmaceutical Composition for Anaemia” and copyright in the plaintiff’s website. The Delhi High Court considered the patent claims and granted interim protection against commer

Clear admissions concerning the sale of a patented product can justify judgment on admission under Order XII Rule 6 CPC without requiring a prolonged trial on an admitted issue. SHORT DESCRIPTION ABOUT THE CASE: This patent infringement case concerns an agrochemical formulation protected by Indian Patent No. 3945681. The Delhi High Court considered whether admissions made by a defendant concerning the composition and sale of the impugned product were sufficient to justify jud

Where counterfeit products use a well-known trademark and deceptively similar trade dress, the Court may grant urgent ex-parte relief, online takedown directions and appoint Local Commissioners to preserve evidence. SHORT DESCRIPTION ABOUT THE CASE: This case concerns alleged counterfeit electrical products bearing the well-known CROMPTON trademark and deceptively similar packaging/trade dress. The Delhi High Court granted ex-parte ad-interim protection and also issued direct

A registered trademark cannot ordinarily be removed from the Register without complying with the mandatory statutory notice requirement under Section 25(3) of the Trade Marks Act. SHORT DESCRIPTION ABOUT THE CASE: This case concerns restoration of the trademark BLUE CHIP after its removal from the Register. The Delhi High Court examined the statutory requirement of issuing the prescribed notice to the registered proprietor before removal of a trademark for non-renewal. FACTS:

An objection under Section 3(m) of the Patents Act must be independently examined, and a patent claim cannot be treated as a mere “mental act” merely because some part of the claimed method involves mental reasoning or calculation. SHORT DESCRIPTION ABOUT THE CASE: This case is important in patent prosecution because the Delhi High Court dealt with the scope and examination of Section 3(m) of the Patents Act, 1970, which excludes a mere scheme, rule or method of performing a

Monetary relief in trademark litigation must have an evidentiary foundation and cannot be based merely on conjecture. SHORT DESCRIPTION ABOUT THE CASE This case concerns the trademark dispute relating to the marks NAYAN JYOTI and AMRIT NAYAN JYOTI. Apart from trademark infringement and passing off, the case is particularly useful for understanding the evidentiary requirements relating to damages and monetary relief in IP litigation. FACTS OF THE CASE B.C. Hasaram & Sons claim

Territorial jurisdiction in trademark litigation must be examined with reference to statutory jurisdictional provisions and the actual commercial circumstances. SHORT DESCRIPTION ABOUT THE CASE This case is important for understanding territorial jurisdiction in trademark infringement and passing off proceedings, particularly where the defendant’s goods are available through online platforms and the plaintiff relies upon its place of business, trademark registration and comme