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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 ...

Composite suit of Infringement of design and passing off, permissible

20th December 2018

Five Judges Bench of the Delhi High Court has allowed a composite suit for infringement of registered design and passing-off. It noted that if there is a common question of law and facts, the joinder of causes of action can take place under Order II Rule 3 of the CPC to avoid multiplicity
The Court in the case of 

Counterfeit goods – E-commerce website when not merely an intermediary

12th December 2018

Observing that the website guaranteed that ‘all products are 100% genuine’ and that it was not taking precautions to stop sale of counterfeits, while having a separate category for ‘replicas’, Delhi High Court has held that is not merely an intermediary.

Benefit of Section 79 of the I...

Cause of action under Designs Act distinct from that in a trademark suit

6th December 2018

Delhi High Court has held that in a case where an infringement suit has already been filed under the Designs Act, there is no need to obtain the leave of the court to introduce a separate proceeding in the case of passing-off of trademark. 

Reliance on Order II Rule 2 CPC in this regard was rejected by the court. Plea...

Registrar of Trademarks should classify Indian Goods & Services

15th November 2018

Considering enormity of litigations touching upon trademark infringement, Madras High Court has stated that it is high time that the Registrar of Trademark publishes alphabetical index as per Rule 20(2) of the Trademark Rules with class wise classification of the goods and services including that of the Indian origin.


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