Subsequent Use By Junior Applicant Cannot Defeat Earlier 'Proposed to Be Used' Trademark Application: Delhi High Court

The Delhi High Court has dismissed an appeal filed by Parle Products Pvt Ltd in a trademark dispute over the mark “20-20”. The court held that when competing trademark applications are filed on a “proposed to be used” basis, subsequent commercial use by one applicant cannot defeat the earlier filing date of the other. Justice Tushar Rao Gedela upheld an order of the Registrar of Trade Marks dated April 29, 2025 rejecting Parle's opposition to a rival company's application to register the mark...

Delhi High Court Directs Removal Of 'Shree Sakshat' Copyright Registration For Copying Heineken's Tiger Beer Logo

The Delhi High Court on Tuesday directed the Registrar of Copyrights to remove from the Register a copyright registration obtained by Vijay Keshav Wagh for the artistic work titled “SHREE SAKSHAT,” holding that it copied in its entirety the TIGER beer logo owned by Heineken Asia Pacific Pte. Ltd. Justice Tushar Rao Gedela held that a comparison of the two logos showed that Wagh had reproduced Heineken's tiger device in its entirety, with only minor additions that did not alter the dominant...

Delhi High Court Restrains Oiltech Engineering From Using Pirated Bentley STAAD, SACS Software

The Delhi High Court on Tuesday granted a permanent injunction to infrastructure engineering software company Bentley Systems Inc., holding that Oiltech Engineering India Private Limited had used pirated versions of its software. The court restrained the company from copying, installing, or using unauthorized versions of Bentley's STAAD and SACS software programs.Justice Tushar Rao Gedela observed, “It appears that the defendants rather than procuring genuine licenses have used...

Bombay High Court Cancels C21 Trademarks Registered by Century 21 Town Planners, Cites Dishonest Adoption

The Bombay High Court has allowed rectification petitions filed by Century 21 Real Estate LLC and ordered cancellation of four trademark registrations for the mark “C21” obtained by Century 21 Town Planners Pvt Ltd, holding that the respondent's adoption of the mark was dishonest and intended to ride on the petitioner's goodwill.“The contention that the marks are dissimilar needs only to be stated to be rejected. This contention once again brings to the fore the dishonesty and inconsistency in...

Reverse Passing Off Foreign To Indian Trademark Jurisprudence, Not Enforceable: Delhi High Court

The Delhi High Court on Monday ruled that the tort of “reverse passing off” is foreign to Indian trademark jurisprudence and does not create an enforceable cause of action under the Trade Marks Act. The court dismissed appeals filed by Western Digital and Seagate against refurbishers who remove original brand labels from used hard disk drives and sell them under new brands. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla held that Indian trademark jurisprudence...

Bombay High Court Protects Shilpa Shetty's Personality Rights, Orders Removal of AI Deepfakes

The Bombay High Court has recently granted protection to the personality rights of the renowned actress Shilpa Shetty Kundra, ordering the removal of AI-generated deepfakes and restraining commercial entities from the unauthorized use of her likeness.On March 4, 2026, Justice Sharmila U. Deshmukh stated that the actress's personality attributes are protectable elements that cannot be commercially exploited without her express consent. The Court observed that the creation of pornographic and...

Companies Too Can Claim 'Own Name' Defence Against Trademark Infringement: Bombay High Court

The Bombay High Court has held that the defence available under Section 35 of the Trade Marks Act, 1999, which protects the bona fide use of one's own name, is not confined only to natural persons and can also be invoked by a corporate entity where the name used reflects the surname of its promoters. A division bench of Justices Bharati Dangre and R. N. Laddha made the observation while allowing an appeal filed by Kataria Insurance Brokers Pvt. Ltd. against an interim injunction granted in...

Hinglish Word Blend Not Inherently Distinctive: Bombay High Court Refuses Injunction Against Tata Play's Astro Duniya Mark

Observing that the blending of Hindi and English is common in India's linguistic landscape, the Bombay High Court has held that a combination of a clipped English word with a Hindi word does not, prima facie, make a trademark inherently distinctive. “The combination of the clipped version of the English word with the Hindi word prima facie does not make it inherently distinctive in our country where there is tendency of blending Hindi and English and spoken as such,” Justice Sharmila U....

Delhi High Court Upholds Order Refusing Interim Relief To Novo Nordisk In Semaglutide Patent Dispute With Dr Reddy's

The Delhi High Court on Monday dismissed Danish Pharma Company Novo Nordisk's appeal seeking an interim injunction against Dr Reddy's Laboratories Ltd in a patent infringement dispute over the anti-diabetic drug Semaglutide. The drug is the active ingredient in Novo Nordisk's blockbuster diabetes medicine Ozempic, which has also gained global attention for its weight loss effects. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla upheld a Single Judge's order refusing...

Graphical User Interfaces Not Automatically Excluded From Registration Under Designs Act: Calcutta High Court

The Calcutta High Court on Monday held that Graphical User Interfaces (GUIs) are not automatically excluded from protection under the Designs Act and may qualify as registrable designs if they satisfy the statutory requirements. A GUI is the visual interface of a digital device or software that allows users to interact with it through icons, buttons and menus instead of typing text commands. A single bench of Justice Ravi Krishan Kapur ruled that the Controller of Designs had adopted an...

Karnataka High Court Allows Wacom To Collect Evidence From Bengaluru-Based Company For US Patent Suit

The Karnataka High Court has recently allowed Japanese technology firm Wacom Company Limited to collect documents and testimony from Bengaluru-based semiconductor manufacturer Cirel Systems Pvt Ltd.The evidence will be used in a patent infringement lawsuit pending in the United States between Wacom and Chinese company Shenzhen Qianfenyi Intelligent Technology Co Ltd, in which the Indian firm is not a party.Justice P. Sree Sudha, who heard the matter, held that India's declaration under Article...

Delhi High Court Sets Aside Refusal Of Jindal Steel's 'JSP' Trademark, Orders Fresh Consideration

The Delhi High Court has partially allowed an appeal filed by Jindal Steel Limited against an order of the Registrar of Trade Marks refusing registration of the trademark “JSP,” holding that the decision was a “non-speaking order” passed without considering the arguments and material placed on record. In a judgment delivered on February 17, 2026, Justice Jyoti Singh observed that the Registrar had failed to consider several issues raised by the company, including its reliance on Sections 34 and...