Groundless Threat Suit Over Trademark Infringement Cannot Continue Once Infringement Case Is Filed: Calcutta High Court

The Calcutta High Court has recently observed that once the proprietor of a trademark or copyright institutes an infringement suit with due diligence, the cause of action in a suit alleging groundless threats automatically extinguishes.On January 30, 2026, Justice Ravi Krishan Kapur dismissed a 'threat suit' filed by Neelam Gupta against Esme Consumer Private Limited because the company had, subsequent to the filing of the suit, commenced a formal infringement action in a Delhi court. Under...

Orissa High Court Allows Application For Patent Restoration As Expiry Was Within Covid-19 Period

The Orissa High Court on 12 February, allowed a writ petition filed by Green Energy Resources, a Sambalpur-based firm, permitting it to apply for the restoration of a patent that had ceased to have effect due to the non-payment of renewal fees. Justice B.P. Routray observed that the company's explanation for the lapse was convincing and noted that the patent's expiry occurred during the COVID-19 pandemic. The Court remarked that under the given facts, there was “no difficulty... for considering...

Delhi High Court Slams Cryptic Patent Refusal, Remands Fertin Pharma Application For Re-Consideration

The Delhi High Court on 18 February set aside an order by the Assistant Controller of Patents and Designs that had rejected a patent application from Fertin Pharma A/S, observing that the regulator failed to provide the requisite reasoning expected of a quasi-judicial authority. Justice Tushar Rao Gedela observed that the original refusal was “cryptic,” whereas reasoning is “the bedrock of all orders, including those passed by quasi-judicial authorities.” The Court was hearing an appeal under...

Delhi High Court Says Patent Amendments Permissible At Appellate Stage, Sets Aside Daikin Refusal

The Delhi High Court on 26 February reiterated that patent amendments are permissible even at the appellate stage, so long as they fall within the statutory framework of the Patents Act. Justice Jyoti Singh partially allowed the appeal filed by Daikin Industries Ltd, setting aside the Patent Office order that had earlier denied the company a patent for its 'Shell-And-Plate Heat Exchanger.' Observing that the specific modifications proposed by the company were permissible, as they neither...

Calcutta High Court Protects 'SWASTIK' Rice Label Against Deceptive Packaging By Competitor

The Calcutta High Court has decreed a suit in favour of Jay Baba Bakreswar Rice Mill Private Limited against an individual, Deepak Kumar Barnwal, over the use of the “SWASTIK” label mark for rice products. Justice Ravi Krishan Kapur observed that the respondent's packaging was “strikingly similar and deceptively identical” to that of the petitioner and held that the rival marks appeared to be identical. Jay Baba Bakreswar Rice Mill told the court that it is engaged in the manufacture and sale...

Bombay High Court Temporarily Bars Delhi Hospital From Infringing 'SAIFEE HOSPITAL' Mark

The Bombay High Court has recently granted ad-interim relief to Saifee Hospital Trust, restraining a Delhi-based company from infringing its registered trademark “SAIFEE HOSPITAL” after finding that the rival mark “SAIFI HOSPITAL” is “visually, structurally and phonetically deceptively similar”.In an order dated February 10, Justice Sharmila U. Deshmukh observed that the defendant company, Saifi Hospital Private Limited, was offering similar medical services under the impugned mark even though...

Patent Examination Cannot Be Skipped Due To Pre-Grant Opposition: Bombay High Court

The Bombay High Court has set aside the rejection of a fungicide patent application, reiterating that examination proceedings under the Patents Act cannot be bypassed merely because a pre-grant opposition is pending. In a judgment delivered on February 27, Justice Arif S. Doctor held that the Controller acted “plainly arbitrary, unexplained, and contrary to the statutory scheme of the Act and the Rules framed thereunder” by cancelling a scheduled examination hearing, assuring the applicant that...

LiveLawBiz IPR Monthly Digest: February, 2026

SUPREME COURTSupreme Court Stays Madras HC Order Reviving Sreedevi Video-Saregama Dispute Over Tamil Telugu Film MusicCase Title: Saregama India Ltd. v. Sreedevi Video Corporation & Ors.Case Number: SLP (C). 6950/2026The Supreme Court on Thursday stayed a Madras High Court order that had revived an injunction claim in a copyright dispute between SaReGaMa India Ltd and Sreedevi Video Corporation over the audio rights of iconic Tamil and Telegu films such as Sagara Sangamam, Salangai Oli and...

Delhi High Court Grants Temporary Relief To Mankind: Restrains Copy Of MANFORCE Condom Artwork And Taglines

The Delhi High Court has recently granted an ex-parte ad-interim injunction in favour of Mankind Consumer Products Private Limited, restraining Anondita Medicare Limited and the other entities behind the impugned Instagram pages from using social media content that allegedly copies the original artistic works and taglines of its popular 'MANFORCE' condom brand. On February 25, 2026, Justice Tushar Rao Gedela observed that a side-by-side comparison of the Instagram posts “clearly would depict,...

Delhi High Court Directs Removal Of 'GRAND MASTI' Trademark For Similarity To Radico Khaitan's 'MASTIH'

The Delhi High Court recently allowed a rectification petition filed by Radico Khaitan Ltd., formerly Rampur Distillery & Chemical Company Ltd., directing the removal and cancellation of the 'GRAND MASTI' trademark registration held by Mohit Petrochemical Pvt. Ltd. from the Trade Marks Register. Justice Manmeet Pritam Singh Arora, in a judgment delivered on 27 February 2026, observed that the registered mark was deceptively similar to Radico Khaitan's established 'MASTIH' brand, in use...

Delhi High Court Grants Interim Injunction To Novartis Against 'NOVIETS' For Trademark Infringement

The Delhi High Court on 28 February granted an interim injunction in favour of the global healthcare company Novartis, restraining several Bihar-based entities, including Noviets Pharma and Noviets Veterinary Private Limited, from using the marks 'NOVIETS' and its associated logos. Justice Tejas Karia observed that the contested marks were deceptively similar to the well-known 'NOVARTIS' trademark and logo, noting a likelihood of confusion among the public. The Court emphasised that a...

Delhi High Court Upholds Rejection Of Crystal Crop's Herbicidal Composition Patent

The Delhi High Court has dismissed an appeal filed by Crystal Crop Protection Ltd., upholding a decision by the Assistant Controller of Patents and Designs to reject a patent application for a herbicidal composition designed for field crops.Justice Tejas Karia upheld the Assistant Controller's finding that the proposed invention lacked an inventive step and fell under the statutory bar of Section 3(e) of the Patents Act, as it constituted a 'mere admixture' of known substances. The Court held...