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Exclusive jurisdiction of court by agreement not violate Copyright Section 62

09th May 2019

The Delhi High Court has held that an agreement conferring exclusive jurisdiction on a particular Court is not in violation of Section 28 of the Indian Contract Act, 1872 or Section 62 of the Copyright Act, 1957.

Court reiterated that where more than one Court has jurisdiction, parties can legally confer jurisdiction to any on...

Trademark registration confers rights on whole and not on individual parts

07th May 2019

The Delhi High Court has reiterated that registration of trademark under Section 17(1) of the Trademarks Act confers exclusive rights to use trademark as a whole and not a right of registration to individual parts.

The Court in this regard held that plaintiff can claim rights to use ‘Delhi International School’ lab...

Trademarks – No suit for passing off maintainable if plaintiff’s use not honest

01st May 2019

The Delhi High Court has held that plaintiff which is a sister concern of and hired by Elder Pharmaceuticals Ltd. (EPL), cannot claim latter’s trademark and reputation on liquidation of EPL.

Holding that such use with the knowledge of registration of trademark is not bona fide, the court observed that post liqui...

Patents – Exemption under Section 107A available to exports for clinical studies

29th April

A Division Bench of the Delhi High Court has held that sale, use, construction of patented products by persons who do not hold patents or licenses from patentees, in terms of Section 107A of the Patents Act is correct provided it is reasonably related to research and development of information in compliance with laws of India (or the importing ...

Patents - Cross examination to be allowed in highly technical cases

20th March

The Delhi High Court has held that where there is a post-grant opposition based on an expert opinion to invalidate a patent under Section 25(2) of the Patents Act, the petitioner (who had acquired the patentee firm) can be allowed to cross-examine the expert under Section 79.

The Court in the case of Onyx Therapeutics&nb...

Broadcast of copyright work – De minimis infringement and use for review

25th March

The Delhi High Court has held that an assignee of copyrights is not required to implead original owner and therefore the suit cannot be dismissed for non-compliance of Section 61 of the Copyright Act which provides that the licensee is required to implead the owner of the copyright as a defendant.

It observed that, in view of the...

Use of mark ‘The TICER’ replicating mark ‘TIGER’ is a case of “chunking”

19th February

In a suit for permanent injunction restraining infringement of trademark, copyright, design and passing off and for ancillary reliefs, the Delhi High Court has held that use of the mark ‘The TICER’ by the defendant as opposed to ‘TIGER’ of the plaintiff is a case of ‘chunking’ or ‘word superiority ef...

Design infringement – Prior publication and mere trade variation, fatal

1st March

The Division Bench of the Delhi High Court has upheld the interim decision of the single Judge in a case where defendant had alleged prior publication of the plaintiff’s design based on web-shots from Wayback machine, containing internet archive of the web pages.

The High Court in this regard observed that the plea that thes...

Trademark - No exclusive meaning to term ‘BOOKMY’

21st February

The Delhi High Court has held that word ‘BOOKMY’ has not attained exclusive meaning with respect to the plaintiff’s ‘BookmyShow’, and that the term BOOK MY is descriptive and part of the common English parlance.

It also observed that the link with booking for shows, events, films, etc., is but obv...

Copyright suit by owner who is not a copyright society, maintainable

18th February

In a case involving copyright in sound recording, the Delhi High Court has held that an individual owner, despite having granted license to copyright society, can further grant licenses with respect to copyright works owned by him, and sue the infringer.

Interpreting the  latter part of the first Proviso to Section 33(1) ...

Trademark - Honest use of competitor’s mark for comparison allowed

21st January 

The Delhi High Court has held that failure to point out competitor’s advantage is not necessarily dishonest and that primary objective of Trademarks Sections 29(8) and 30(1) is to allow comparative advertising as long as the use is honest.

The Court dismissed a suit for permanent injunction against advertisement dep...

No summary adjudication of suit requiring expert evidence, at injunction stage

11th January

Setting aside a High Court Division Bench Order, the Supreme Court has remanded a suit back to the Single Judge in a dispute involving alleged infringement of patented technology by use of seeds/hybrid seeds bearing the patented technology.

The Court in this regard observed that defendants counter claim was never considered by ...

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