Enforcement & Litigation
Perspectives on enforcement & litigation across India and the subcontinent.
Raja Pannir Selvam · 20 December 2022
Microsoft Wins 12-Year Software Piracy Case: Injunction and Damages
The Delhi High Court found a company using Microsoft software on 130 machines beyond its licences, and awarded ₹20 lakh in damages plus a permanent injunction. A reminder that under-licensing is copyright infringement — and that refusing an audit doesn't help.
Raja Pannir Selvam · 16 December 2022
When Courts Extend Patent Deadlines: Abandonment Requires Intention
Missing the examination request or FER deadline abandons the application. But courts have held that abandonment requires a conscious act showing intention to abandon — and have extended time where the agent was negligent and the applicant was not.
Raja Pannir Selvam · 15 December 2022
Adobe Wins ₹2 Crore Against a Habitual Cybersquatter
A serial cybersquatter registered addobe.com and adobee.com — and ran a 'catch-all' email to harvest misaddressed mail. The Delhi High Court gave Adobe a permanent injunction, ₹2 crore in damages, domain transfer and website blocking.
Raja Pannir Selvam · 15 December 2022
A New Owner Can Claim the Mark's Original First-Use Date: Pidilite's M-SEAL
When you acquire a trademark, you acquire its history too. The Bombay High Court let Pidilite claim M-SEAL's use from 1968 — its predecessor's date — and injuncted the deceptively similar R-SEAL obtained by fraudulent concealment.
30 November 2022
Amitabh Bachchan Wins Protection for His Voice, Image and Likeness
Scammers used Amitabh Bachchan's voice and image for a fake 'KBC lottery' fraud and unauthorised merchandise. The Delhi High Court granted an ex parte injunction protecting his personality rights — and ordered ISPs to take down the URLs and telecom providers to block the numbers.
Adlin Mini M · 18 November 2022
One IP Lawyer Sues Another Over a Logo
The defendant argued the font was freely available and that a LinkedIn pitch two years earlier meant the plaintiff had acquiesced. Both arguments failed — and the court observed that a higher standard of integrity is expected of IP practitioners.
Sampada Kapoor · 15 November 2022
Pre-Litigation Mediation in IP Disputes in India: When Is It Mandatory?
Section 12A of the Commercial Courts Act makes pre-institution mediation mandatory — but IP suits seeking urgent interim relief are exempt. Where the line falls, and why the pleadings decide it.
Raja Pannir Selvam · 12 November 2022
After the IPAB: Which High Court Hears Patent Appeals and Revocations?
With the IPAB abolished, patent appeals and revocation petitions moved to the High Courts — but which one? The Delhi High Court set the rules: appeals follow the 'appropriate office', revocations lie where the patent's effect is felt.
Sampada Kapoor · 9 November 2022
Pre-Litigation Mediation in Commercial Disputes in India: The Section 12A Process
Section 12A makes pre-institution mediation mandatory before most commercial suits. The step-by-step process, the fees, the Patil Automation ruling — and the drawbacks that make it feel like a formality.
3 November 2022
Fly High v. Fly Higher: Descriptive Use Is Not Trademark Use
Frankfinn's registered 'Fly High' couldn't stop Vistara using 'Fly Higher' in a campaign. The Delhi High Court held that using a phrase descriptively — not as a source identifier — is not trademark infringement.
Madhuharanjani Prabakaran · 2 April 2022
Sun Pharma v. Cipla: IP Rights Hold Even in a Medical Emergency
The Madras High Court refused to lift an injunction against Sun Pharma over the 'Respule' mark, holding that a pandemic and public-interest arguments cannot excuse a slavish imitation of a rival's trade dress.
30 March 2022
COVID Deadline Extensions: The Registry Issued Certificates It Shouldn't Have
The Supreme Court suspended limitation periods through the pandemic. The Trade Marks Registry issued registration certificates anyway, denying some opponents the chance to oppose while allowing others. The Delhi High Court's IP Division reopened the window.