IPR
Delhi High Court Dismisses Review Of Suppression Findings In Trademark Suit, Says Advocate Cannot Shift Duty To Junior
The Delhi High Court has dismissed a review petition filed by the counsel on record for Celagenex Research (India) Pvt. Ltd. against its earlier findings that two material documents had been wilfully suppressed in the plaint filed in a trademark suit over the mark 'RewireX'. The counsel sought a review in his personal capacity, arguing that the documents had not been brought to his attention by the company.The court held that a filing counsel cannot avoid responsibility for ensuring full...
Delhi High Court Refuses To Cancel Fitship's 'FITFEAST' Mark, Says ASR Failed To Prove Standalone Use
The Delhi High Court on 31 August dismissed a rectification petition filed by ASR Market Ventures, the company behind FITPASS, against Fitship Private Limited's registered FITFEAST trademark for its protein snack range. Justice Jyoti Singh also refused ASR's plea for an interim injunction in its connected passing off suit against Fitship. She held that ASR could not establish goodwill in FITFEAST as a standalone mark. The Bench observed: “The documents demonstrate that ASR has been...
Copyright Disputes Can Be Resolved Through Arbitration Despite Remedy Under Copyright Act: Madras High Court
The Madras High Court has ruled that a copyright infringement dispute can be resolved through arbitration when the parties have agreed to that mode of dispute resolution, holding that the civil remedy available under the Copyright Act does not prevent arbitration.Justice K. Kumaresh Babu ruled,“It is true that Section 55 provides for a civil remedy in an infringement of a copyright. There can be no doubt that the civil remedy can also be by a process of arbitration, as arbitration is in the form...
Bombay High Court Orders Takedown of AI Deepfakes Misusing Actor Shruti Haasan's Personality Rights
The Bombay High Court has ordered the removal of online content identified in actor Shruti Haasan's suit and restrained the unauthorised use of her name, voice, image and likeness through artificial intelligence and other technology.Justice Madhav J. Jamdar granted the relief as an ad-interim measure after observing that the material placed before the court made out “a very strong prima facie case”. The relief will continue until further orders.Haasan approached the court after discovering a...
Bombay High Court Refuses Metro Brands Leave To Combine Trademark, Passing Off Claims Against Kerala Rival In Mumbai
The Bombay High Court has refused to allow footwear company Metro Brands Limited to combine its passing-off claim with its trademark infringement suit against Kerala-based Met Brands Private Limited in Mumbai. The court found that the balance of convenience favoured a trial in Kerala. The alleged passing off took place there, and Met Brands carries on business in the State.Justice Gauri Godse observed that Metro Brands had not pleaded that its principal place of business was only within Mumbai's...
Delhi High Court Appoints Amicus Curiae In Janhvi Kapoor's Personality Rights Suit
The Delhi High Court has appointed Advocate Gautam Bhatia as an amicus curiae to assist it in the personality rights suit filed by actor Janhvi Kapoor, alongside Advocate Rohan Alva, who was already assisting the court with actor Vivek Oberoi's personality rights.Justice Anup Jairam Bhambhani made the appointment “considering the importance of the issues involved" in these matters and fixed a date in September.The appointment comes amidst concerns of overbroad prayers made in recent personality...
LiveLawBiz IPR Monthly Digest: August, 2026
SUPREME COURTSupreme Court Upholds PepsiCo's Lay's Potato Variety RegistrationCase Title: Kavitha Kuruganti Versus PepsiCo India Holdings Pvt. Ltd.Case Number: Special Leave Petition (C) Nos.10320-10321 of 2024Citation: 2026 LLBiz SC 260The Supreme Court has upheld a Delhi High Court order concerning PepsiCo's registration of its Lay's potato variety. The top court clarified that farmers can claim protection under the Protection of Plant Varieties and Farmers' Rights (PPVFR) Act if PepsiCo...
Madras High Court Allows Theatrical Release Of Jayam Ravi-Starrer 'Karathey Babu' Amid Copyright Dispute
On 1 September, the Madras High Court permitted Screen Scene Media Entertainment to proceed with the theatrical release of Tamil film Karathey Babu, starring Jayam Ravi, and modified an interim injunction that had restrained the producer from releasing, distributing or otherwise dealing with the film. Justice K. Kumaresh Babu passed the order on applications filed by Screen Scene Media Entertainment seeking to vacate the interim injunction in a suit filed by Dr. S. Venkatesh. The Bench...
Bombay High Court Restrains Cloud Kitchen From Using 'BARBECUE' Mark Over Similarity With Restaurant
On 1 September, the Nagpur Bench of the Bombay High Court temporarily restrained Barbeque, Gokulpeth, a cloud kitchen from using the mark “BARBECUE” or “BARBEQUE” in a trade mark dispute with Barbecue and Barbecue Food Services Pvt Ltd, which has operated a restaurant under the mark at Sadar, Nagpur, since 1994. Justice Y.G. Khobragade allowed an appeal filed by Tervinder Singh Jhans, the registered proprietor of the restaurant, against the District Judge, Nagpur's order which had declined...
Bombay High Court Restrains Former Licensee From Using 'Mount Litera Zee School' Mark Pending Arbitration
On 1 September, the Bombay High Court restrained a Dehradun-based school from using the “MOUNT LITERA ZEE SCHOOL” and “MLZS” marks and the MLZS Program pending arbitration.Justice Amit Borkar partly allowed a petition filed by Zee Learn Limited seeking interim relief against Pragati Shiksha Shrot Trust, Dehradun, pending arbitral proceedings. He held that a former licensee cannot continue using a licensor's mark after termination of the licence agreements. He observed:“Pending commencement and...
Delhi High Court Temporarily Restrains Patson Foods From Using Ching's Secret's 'Schezwan Chutney' Mark
The Delhi High Court on 25 August temporarily restrained Patson Foods (India) Private Limited from selling or marketing its “Rasanand Schezwan Chutney” product, after noting that the company had gone back on its written undertaking to stop using Capital Foods Private Limited's registered trademark “Schezwan Chutney”. Justice Jyoti Singh held that Capital Foods, the company behind the Ching's Secret brand, had established a prima facie case of trademark infringement and passing off. The Bench...
Delhi High Court Restrains YouTube Loan Settlement Channels From Using IDFC First Bank's Marks
The Delhi High Court on 24 August restrained individuals and entities operating YouTube channels including “Settlement Guru”, “AHK Tips”, “Expert Loan Settlement Advice”, “Kunal Kumar Tutorial” and “Loan Wala Bishu” from using IDFC First Bank's registered trademarks and fabricated settlement letters bearing the Bank's logo. Justice Jyoti Singh was hearing an application filed by IDFC First Bank seeking an interim injunction against the operators of these channels. The Bench held: “Prima facie,...