SUPREME COURT

Defendant Can Question Trademark Owner On Prior Use Even If Written Statement Not On Record: Supreme Court

Case Title: Shabu KN Achary v. Dharampal Premchand Limited

Case Number: Civil Appeal No. 10260 of 2026

Citation: 2026 LLBiz SC 267

The Supreme Court has ruled that a party accused of trademark infringement can question the trademark owner about documents showing when the disputed brand name was first used, even if that party's written statement is not on record. A bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran set aside a Kerala High Court order that had expunged such a question from the trial record. The court held that this was a factual question within the permissible scope of cross-examination.

HIGH COURTS

DELHI HIGH COURT

T-Series Tells Delhi HC It Will Rename Kartik Aaryan Film To 'Tu Meri Zindagi Hai' In Aashiqui Trademark Dispute

Case Title: VISHESH FILMS PRIVATE LIMITED V/S SUPER CASSETTES INDUSTRIES LIMITED

Case Number: CS(COMM) - 68/2024

T-Series informed the Delhi High Court that it has changed the title of its upcoming Kartik Aaryan and Sai Pallavi-starrer film from “Tu Hi Aashiqui” to “Tu Meri Zindagi Hai” to resolve a trademark dispute with Mukesh Bhatt's Vishesh Films. However, the proposal could not be recorded as a complete consent settlement after the parties disagreed over how far the proposed terms should extend. Justice Jyoti Singh asked them to discuss the issue further.

Delhi High Court Restrains Scott Edil From Selling 'Nexporin', 'Zetum' Over Similarity With GSK Marks

Case Title: GlaxoSmithKline Pharmaceuticals Limited v. Scott Edil Pharmacia Limited & Anr.

Case Number: CS(COMM) 816/2026

Citation: 2026 LLBiz HC (DEL) 806

The Delhi High Court on 5 August restrained Scott Edil Pharmacia Limited and its affiliate from manufacturing, selling or advertising pharmaceutical products under the marks “Nexporin” and “Zetum”, holding them deceptively similar to GlaxoSmithKline Pharmaceuticals Limited's registered trademarks “Neosporin” and “Ceftum”. Justice Jyoti Singh passed the order while hearing an application filed by GlaxoSmithKline Pharmaceuticals Limited (GSK) seeking an ex-parte ad-interim injunction against Scott Edil Pharmacia.

Delhi High Court Refuses To Stop TV Channel From Airing SGPC's Live Gurbani Broadcast

Case Title: SHIROMANI GURDWARA PARBANDHAK COMMITTEE AND ANR V/S GALACTIC TELEVISION AND COMMUNICATIONS PVT LTD AND ORS

Case Number: CS(COMM) - 883/2026

The Delhi High Court refused to pass a temporary order stopping Galactic Television from re-broadcasting the live Gurbani feed from Sri Harmandir Sahib, Amritsar, in a copyright suit filed by the SGPC. Justice Anup Jairam Bhambhani found prima facie merit in the channel's submissions that the broadcast, which is not offered to viewers for payment, may not fall within the broadcast reproduction right.

Delhi High Court Upholds Injunction Against Alder Biochem Over 'BIOCHEM' Mark In Zydus' Suit

Case Title: Alder Biochem Private Limited v. Zydus Healthcare Limited & Ors.

Case Number: FAO(OS) (COMM) 268/2024 & CM APPL. 67780/2024

Citation: 2026 LLBiz HC(DEL) 820

The Delhi High Court has dismissed an appeal by Alder Biochem Private Limited against an injunction restraining it from using 'ALDER BIOCHEM'. A Division Bench of Justice Nitin Wasudeo Sambre and Justice Anish Dayal upheld the Single Judge's order, finding the mark deceptively similar to Zydus Healthcare's registered 'BIOCHEM' device mark for pharmaceutical products.

Delhi High Court Upholds Contempt Conviction In Siemens Software Piracy Case, Cuts Jail Term To One Month

Case Title: Nilesh Dhanukar v. Siemens Industry Software Inc & Anr.

Case Number: FAO (COMM) 218/2026

Citation: 2026 LLBiz HC(DEL) 818

The Delhi High Court has upheld the civil contempt finding against Nilesh Dhanukar for obstructing a court-appointed Local Commissioner during an inspection into the alleged unauthorised use of Siemens Industry Software's “NX” software. However, a Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora reduced his detention in civil prison from two months to one month, citing his family circumstances.

Delhi High Court Upholds Rejection Of Esteve Pharma's Tramadol-Celecoxib Co-Crystal Patent

Case Title: Esteve Pharmaceuticals S.A. v. Controller of Patents and Designs

Case Number: C.A.(COMM.IPD-PAT) 118/2022

Citation: 2026 LLBiz HC(DEL) 815

The Delhi High Court has dismissed an appeal filed by Esteve Pharmaceuticals S.A. against the rejection of its patent application for a co-crystal of tramadol and coxibs. Justice Tushar Rao Gedela held that the claimed invention lacked an inventive step under Section 2(1)(ja) of the Patents Act, 1970, as the prior art documents, when read together, rendered the combination of tramadol and celecoxib obvious.

Why Can Scammers Access Meta's Copyright Strike Tool While Creators Are Denied? Delhi High Court Asks

Case Title: MOHIT KUMAR V/S JOHN DOE/ASHOK KUMAR & ORS.

Case Number: CS(COMM) - 858/2026

The Delhi High Court has asked Meta to place on record its policy, guidelines, and eligibility criteria for access to its "Rights Manager" tool. The court questioned why the anti-plagiarism tool is not available to genuine content creators with large followings, while scammers appear to easily get access to it to initiate fraudulent copyright strikes.

Delhi High Court Grants Khushi Kapoor Relief Against Unauthorised Merchandise, Obscene Content

Case Title: KHUSHI KAPOOR V/S ASHOK KUMAR/JOHN DOE & ORS.

Case Number: CS(COMM) - 869/2026

The Delhi High Court has indicated it will order the takedown of links carrying obscene and pornographic content, as well as links selling unauthorised merchandise bearing actor Khushi Kapoor's persona. While Justice Jyoti Singh left the larger dispute over "fan pages" open for a later hearing, today's relief was strictly confined to unauthorized commercial exploitation and obscene content.

Delhi High Court Temporarily Restrains Mumbai Café Operator From Using 'MOCHA KAFFEE' Trademark

Case Title: Impresario Entertainment and Hospitality Pvt. Ltd. v. M/s. Mocha Kaffee

Case Number: CS(COMM) 839/2026

Citation: 2026 LLBiz HC(DEL) 814

The Delhi High Court has temporarily restrained Mumbai-based café operator Mocha Kaffee from offering, marketing, or advertising its business under the “MOCHA KAFFEE” mark. Justice Jyoti Singh granted an ex parte ad interim injunction, finding the mark deceptively similar to Impresario's registered “MOCHA” trademarks and noting that "Kaffee" is merely a misspelling of "cafe".

Delhi High Court Sets Aside Order Rejecting Patent For Carbon Dioxide Capture Device

Case Title: Enviro Ambient Corporation v. Assistant Controller of Patents

Case Number: C.A.(COMM.IPD-PAT) 74/2024

Citation: 2026 LLBiz HC (DEL) 808

The Delhi High Court has set aside an order of the Assistant Controller of Patents rejecting Enviro Ambient Corporation's patent application for a carbon dioxide capture device, finding the rejection “unreasoned and non-speaking”. Justice Jyoti Singh observed that the impugned order merely extracted objections from the First Examination Report (FER) without properly analysing Enviro's case.

Delhi High Court Restrains Mohali Restaurant From Using 'GOLA' Marks After Franchise Termination

Case Title: Gola Sizzlers Private Limited v. M/S GM Foods & Anr.

Case Number: CS(COMM) 745/2026, I.A. 20627/2026 & I.A. 20628/2026

Citation: 2026 LLBiz HC (DEL) 804

The Delhi High Court on 5 August restrained GM Foods and another, operators of a restaurant in Mohali, from using the trademarks "GOLA," "GOLA SIZZLERS" and "GOLA RESTAURANTS" following termination of their franchise arrangement with Gola Sizzlers Private Limited over royalty defaults and alleged sales suppression. Allowing the application, a Bench of Justice Jyoti Singh observed that "prima facie without any right, title or authority and amounts to infringement under Section 29(2)(c) of the 1999 Act."

Delhi High Court Restrains Rogue Websites From Using Well-Known GATI Mark For Packers, Movers Services

Case Title: Allcargo Logistics Limited v. Ashok Kumar & Ors.

Case Number: CS(COMM) 806/2026

Citation: 2026 LLBiz HC (DEL) 807

The Delhi High Court has restrained 36 operators of rogue websites from offering packing, shifting, and relocation services under marks incorporating the well-known “GATI” mark or deceptively similar variants. Justice Jyoti Singh directed domain registrars to lock and suspend the infringing domains within 36 hours.

Single Judge Could Not Have Relaxed Injunction Upheld By Division Bench In Dabur-Emami Case: Delhi High Court

Case Title: Emami Limited v. Dabur India Limited

Case Number: FAO(OS) (COMM) 177/2026 CM APPL. 45249/2026

Citation: 2026 LLBiz HC(DEL) 810

The Delhi High Court held that a Single Judge cannot relax an interim injunction restraining Dabur India Limited from selling its “Cool King Thanda Tel” under a deceptively similar trade dress after a Division Bench has already upheld the injunction in appeal. A division bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora held that Dabur's application to dispose of existing stock could not have been entertained by the Single Judge.

Delhi High Court Issues Notice On YouTuber's Plea Challenging Meta's Copyright Strike Mechanism

Case Title: SAURABH MAURYA V/S JOHN DOE/ASHOK KUMAR AND ORS

Case Number: CS(COMM) - 870/2026

The Delhi High Court issued notice on an application by stock market trading content creator Saurabh Maurya challenging how his account was suspended due to copyright strikes. Even though Meta restored his account and reversed the strikes, Justice Anup Jairam Bhambhani issued notice on Maurya's broader challenge regarding how intermediaries act on copyright strikes.

Delhi High Court Grants Jahnvi Kapoor Relief Against Obscene Content, Commercial Misuse Of Persona

Case Title: JANHVI KAPOOR V/S ASHOK KUMAR/JOHN DOE AND ORS

Case Number: CS(COMM) - 868/2026

The Delhi High Court declined to grant a blanket injunction sought by actor Jahnvi Kapoor against 6,884 URLs. However, Justice Anup Jairam Bhambhani granted interim relief under three specific categories: content that is ex-facie obscene or pornographic, content that directly monetises Kapoor's personality rights, and content using her name and likeness to sell merchandise or services.

BOMBAY HIGH COURT

Bombay High Court Temporarily Restrains Dabur From Using 'NEEM' As Leading Feature On Toothpaste Label

Case Title: Jyothy Labs Ltd. v. Dabur India Ltd.

Case Number: INTERIM APPLICATION NO. 1880 OF 2021 IN COMMERCIAL IP SUIT NO. 240 OF 2021

Citation: 2026 LLBiz HC(BOM) 455

The Bombay High Court has temporarily restrained Dabur India Ltd. from using its toothpaste label featuring 'NEEM' as the leading and essential feature. Justice Arif S. Doctor, while allowing the interim application in a trademark infringement and passing-off suit, clarified that Dabur was not barred from using the word 'NEEM' descriptively, but could not use it as a prominent, source-identifying feature on the label.

Bombay High Court Sets Aside Rejection Of Olympic Committee's 'Faster, Higher, Stronger-Together' Trademark

Case Title: Comite International Olympique v. Registrar of Trade Marks

Case Number: COMMERCIAL MISCELLANEOUS PETITION (L) NO.9556 OF 2025

Citation: 2026 LLBiz HC (BOM) 451

The Bombay High Court has set aside the Registrar of Trade Marks' rejection of the International Olympic Committee's application to register “Faster, Higher, Stronger-Together” and remanded the matter for fresh consideration. Justice Somasekhar Sundaresan was hearing a petition challenging the rejection of the phrase, which the committee had adopted as a further improvisation of its historic motto.

MADRAS HIGH COURT

Madras High Court Temporarily Restrains Universal Spirits From Using 'Marco Polo' For Liquor

Case Title: Empee Distilleries Limited v. Universal Spirits Pvt Ltd

Case Number: OA Nos. 492 & 493 of 2026 and A.No.2183 of 2026 in C.S.(COMM.DIV.)No.147 of 2026

Citation: 2026 LLBiz HC(MAD) 232

The Madras High Court has restrained Universal Spirits Pvt Ltd from manufacturing or selling liquor under the marks “Classic Marco Polo Deluxe Brandy” and “Marco Polo Deluxe XXX Rum”, pending disposal of a commercial suit filed by Empee Distilleries Limited. Justice K. Kumaresh Babu directed Universal Spirits to submit accounts and hand over unsold products within four weeks.

Madras High Court Allows OTT Rights Holder Of Pawan Kalyan-Starrer Movie To Seek ₹4 Crore Refund From Producer

Case Title: Vijay Kothari v. Shri Sairaam Creations & Ors.

Case Number: A No. 442 of 2026 IN C.S(COMM DIV) NO. 211 of 2025

Citation: 2026 LLBiz HC(MAD) 231

The Madras High Court has allowed Vijay Kothari, who claims digital, satellite, and OTT rights over Hari Hara Veera Mallu, to amend his plaint against Mega Surya Productions. He can now seek the return of ₹4 crore under an Assignment Agreement, along with 18% interest. However, Justice K. Kumaresh Babu rejected the request to raise his damages claim from ₹5 lakh to ₹25 lakh due to a lack of supporting pleadings.

Madras High Court Restrains Matrimony.com From Using 'Jodii' Mark For Matchmaking App

Case Title: FreeElective Network Private Limited v. M/s Matrimony.com Limited

Case Number: OSA(CAD) No.159 of 2022 and CMP Nos. 20676, 20680 of 2022 & 19720 of 2024

Citation: 2026 LLBiz HC(MAD) 230

A Division Bench comprising Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi has restrained Matrimony.com Limited from using the mark 'Jodii' for its matchmaking app. The court set aside a 2022 order of a Single Judge and ruled that 'Jodii' was deceptively similar to FreeElective's registered 'Jodi365' trademark, creating likely customer confusion.

Tags: