Curated judicial decisions shaping Indian patent trademark and copyright law. This section analysis landmark and recent judgements with Doctrinal clarity and practical perspective
Delhi High Court | I.A. No. 10115 of 1998 in Suit No. 2469 of 1998 Decided on 19 February 1999 Judge: Dr. M.K. Sharma J. Background Yahoo Inc. is an American company that has been operating as a global Internet media service provider under the trademark and domain name “Yahoo!” since 1994. The domain name […]
High Court of Delhi at New Delhi | CS(OS) 1185/2006 & I.A. Nos. 6486/2006, 6487/2006, 7027/2006; CS(OS) 1996/2009 & I.A. No. 13692/2009 Background The Indian Performing Right Society Ltd., referred to throughout as IPRS, is a non-profit cooperative body incorporated in August 1969 with the object of monitoring, administering and enforcing the performing rights of
The Indian Performing Right Society Ltd. v. Mr. Aditya Pandey & Anr. Read More »
Delhi High Court (Division Bench) | FAO(OS) No. 352/2010 Decided on 1 November 2010 Bench: Justice Sanjay Kishan Kaul and Justice Valmiki J. Mehta Background Marico Limited was the registered proprietor of the trademarks “LOSORB” and “LO-SORB” in Class 29 covering edible oils and allied products. The registrations were effective from 28 May 2001 and
High Court of Delhi at New Delhi | Decided: 7 November 2014 | FAO(OS) No. 16 of 2014 Background Koninklijke Philips Electronics, the Dutch multinational corporation, had filed an application for a patent in India on 13 February 1995 for an invention described as a “method for converting information words to a modulated signal.” The
Maj. (Retd.) Sukesh Behl & Anr. v. Koninklijke Philips Electronics Read More »
Delhi High Court | Decided: 13 April 2012 I.A. No. 18464/2011 in CS (OS) No. 1421/2005 Bench: Justice Manmohan Singh Citation: 2012 PTC DEL 50 380 | 2012 SCC Online Del 2092 | 2012 CTC IP 3 6 Background AstraZeneca UK Ltd. (plaintiff) was the registered proprietor of the trade mark MERONEM, used for pharmaceutical
AstraZeneca UK Ltd. v. Orchid Chemicals & Pharmaceuticals Ltd. Read More »
Madras High Court | O.S.A. Nos. 132 and 133 of 2010 | Decided on 4 October 2010 Coram: Justice Elipe Dharma Rao and Justice K.K. Sasidharan Background This dispute arose between two of India’s biggest two-wheeler manufacturers and it was not just about who copied whose technology. It was also about who gets to speak
Supreme Court of India | Civil Appeal Nos. 4767-4769 of 2001 Decided on 29 November 2017 Background P.M. Diesels Ltd. was the registered owner of three trademarks all carrying the words “Field Marshal.” The registrations dated back to 1964 and 1968 and covered the marks “Field Marshal,” “Field Marshal” in a specific lettering style and
Patel Field Marshal Agencies & Anr. v. P.M. Diesels Ltd. & Ors. Read More »
Delhi High Court (Division Bench) | AIR 1985 Delhi 29 | 1 August 1984 | Avadh Behari Rohatgi, J. Background Penguin Books Ltd. of England, the plaintiff-appellant, is one of the world’s most recognized publishing houses. It held territorially exclusive licenses and assignments of copyright in 23 titles for the Indian market – including celebrated
Penguin Books Ltd. v. India Book Distributors & Ors. Read More »
Kerala High Court | C.M.A. No. 329 of 1995 | 27 February 1996 | T.V. Ramakrishnan, J. Background The original drama at the centre of this dispute is Ningal Enne Communistakki (“Who Made You a Communist?”), written in 1952 by the celebrated Malayalam playwright Thoppil Bhasi while he was living in political hiding as an
Civic Chandran & Others v. C. Ammini Amma & Others Read More »
Bombay High Court | February 10, 2003 | 2004 (28) PTC 193 (Bom) S.J. Vazifdar, J. Background The trademark “M-Seal” has a long and well-documented history. It was first used in 1968 by Mahindra Van Wijk and Visser Ltd. in respect of epoxy resin compositions used for cementing cracks, holes and leaks in metal articles.
Pidilite Industries Ltd. vs. S.M. Associates & Ors. Read More »