Raja Selvam
Affidavit Not Mandatory for Granting Well-Known Status to Trademarks in India
Kamdhenu Limited filed an appeal against a decision of the Registrar of Trademarks, who had dismissed their application to have their trademark 'KAMDHENU' included in the "List of Well-Known Trademarks." The Registrar's rejection was the absence of an affidavit along with the supporting evidence to…
The Establishment of the IP Division in Madras High Court: A Significant Step towards Efficient Resolution of IP Disputes
Practitioners have long wished for a separate IP division in High Courts. With the abolishment of the Intellectual Property Appellate Board in 2021, cases previously filed with or pending before the IPAB have been transferred to the High Courts. It then became imperative to establish a separate IP…
The H Device of HERMES International has been declared a well-known trademark by the Delhi High Court
In a trademark infringement suit filed by Hermes International, one of the prayers by HERMES is that the mark of Hermes is declared as a well-known trademark within the meaning of Section 2(1)(zg) of The Trade Marks Act, 1999. The Trade Marks law sets out five factors which are to be taken into…
Empire strikes again - Indian Trademark Office issues notice regarding non filing of reply to examination report & counter statement to oppositions
If one may recall, on April 1, 2016, the Indian Trademark Office abandoned 1,66,771 Trademark Applications on the ground that the reply to the examination report had not been filed within 30 days. As you would have rightly guessed, the Delhi High Court granted a stay on the orders of the TMO.…
Delhi High Court Rules in Favour of Microsoft Corporation in 12-Year Copyright Infringement Case, Grants Permanent Injunction and Awards Damages
Microsoft discovered that the defendants were illegally using its software products, including Microsoft Windows, Microsoft Office, and Windows Server. Upon investigation, it was found that the defendants had 130 computer systems, most of which had Microsoft's software installed on them, but the…
Indian Designs Office introduces e-filing of digitally signed forms & documents
In a welcome move the Controller General of Patents, Designs & Trade Marks by public notice dated December 16, 2022 eliminated the mandatory requirement of filing physical copies of the forms for filing a design application in India. As a result, the forms and documents related to design…
Court comes to the rescue of patent applicants - Extensions of deadlines in exceptional circumstances.
As patent lawyers, meeting deadlines can be crucial to the success of a patent application. Two of the most important deadlines one needs to be aware of while prosecuting patent applications in India are the deadline for filing a request for examination and the deadline for filing a response to the…
Adobe wins permanent injunction and significant damages against cyber squatter
The Delhi High Court’s ruling in the case of Adobe Inc. v. Namase Patel and Ors. serves as a reminder of the importance of protecting trademarks and intellectual property rights on the internet. In this case, the court granted a permanent injunction in favour of the Plaintiff. The Court recognised…
Subsequent trade mark owner can claim 'date of first use' of its predecessor
The Bombay High Court ruled in favour of the plaintiff, Pidilite Industries Ltd., who had filed a trademark infringement suit against the defendant for using the mark R-SEAL, which was allegedly similar to the plaintiff's registered mark M-SEAL. The Court found that the defendant had obtained the…
Practice what you preach, especially if you’re an IP Lawyer
In an interesting turn of events, the Delhi High Court in Sujatha Chaudhri Vs Swarupa Ghosh ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh…