High Courts

Delhi High Court Sets Aside Rejection Of South Korean Pharma's Patent Application, Orders Fresh Review
The Delhi High Court has set aside a Controller of Patents order refusing South Korean pharmaceutical company Hanmi Pharm Co. Ltd.'s patent application for a pharmaceutical compound and its manufacturing process, finding that the Controller had entirely failed to consider the process claims submitted by the applicant. Justice Tushar Rao Gedela, in an order dated May 11, 2026, remanded the matter to the Patent Office for fresh consideration. The Court directed that Hanmi Pharm be given a fresh...

Delhi High Court Protects Select CityWalk, Bars Use of Deceptively Similar “Global CityWalk” Mark
The Delhi High Court on 8 May granted an ex-parte ad-interim injunction restraining a real estate company from using the mark “Global CityWalk” for its proposed commercial project, holding that the impugned mark was deceptively similar to the registered trademarks of Select CityWalk. Justice Tushar Rao Gedela, while allowing the application, restrained Garg Realtech from using the impugned mark pending adjudication of the suit. He held: “A comparison of the competing marks leaves no manner of...

Bombay High Court Restrains Circulation Of Berger Paint Ad Suggesting Asian Paints Product Was A 'Fraud'
The Bombay High Court has restrained the circulation of a Berger Paints advertisement comparing its Easy Clean product with an Asian Paints paint, after finding a prima facie case of product disparagement and flagging a meme in the clip that exclaimed “Fraud!”.Justice Arif S. Doctor held that a “clear case of disparagement” was made out. The ad-interim order was passed on May 8 in a commercial intellectual property suit filed by Asian Paints Limited against Namgial Enterprise and others,...

T-Series Tells Delhi HC That Trimurti's 1988 Assignment Lets It Use Tridev's 'Oye Oye' In Dhurandhar 2
After mediation between the parties failed on May 6, T-Series on Monday told the Delhi High Court that the 1988 assignment agreement gave it broad rights in the underlying works of the Tridev song Oye Oye, including the right to use them in another film, as it defended the use of the track as Rang De Lal in Dhurandhar: The Revenge. Senior Counsel Akhil Sibal, appearing for T-Series, continued his submissions before Justice Tushar Rao Gedela by taking the court through the 1988 assignment...

Delhi High Court Protects boAt Co-Founder Aman Gupta's Personality Rights From Online Misuse
The Delhi High Court has passed an ex-parte ad-interim injunction restraining multiple entities from unauthorised use of Aman Gupta's name, voice, image, likeness, and persona, including through AI and deepfake technology. “The manner in which the defendants are exploiting his name, voice, persona, slogans, registered trade marks of the plaintiff positively assert the underlying fact of plaintiffs' personality which are exclusive to him and none else. At this stage, these qualities and the...

Bombay High Court Rejects TVS, Kalelkar Pleas To Dismiss Laser Marking Patent Suits; Imposes ₹1 Lakh Costs
The Bombay High Court has refused to throw out patent infringement suits over laser marking and engraving technology filed by inventor Bharat Bhogilal Patel against TVS Electronics Limited and Kalelkar Surgicals Private Limited, holding that the dispute must go to trial. The court also imposed ₹1 lakh costs on both. “Several triable issues will arise, and thus, the question of a summary dismissal of the Suits at this stage does not arise,” Justice Arif S. Doctor said. Patel's suits relate to...

Calcutta High Court Sets Aside Rejection of ARS Steels' Plea To Cancel Rival TMT Bar Design Registration
The Calcutta High Court on Thursday set aside an order of the Deputy Controller of Patents and Designs rejecting ARS Steels and Alloy International Private Limited's application to cancel the registered design of a double “XX-Rib” pattern on construction rods held by Souvik Steels Private Limited. Holding the order unsustainable, the court said the Controller's finding that there was “no scope of enquiry” into similar products already being available in the market was “perverse.” Justice Ravi...

Calcutta High Court Says Vodafone Needs IPRS Licence To Use Songs As Caller Tunes
The Calcutta High Court on Friday held that Vodafone Idea Limited cannot commercially exploit the underlying musical and literary works embedded in sound recordings used for caller tunes and ringtones without obtaining permission from the Indian Performing Right Society Limited (IPRS). IPRS is a copyright society that manages copyright licences for musical and literary works on behalf of rights holders. The court said Vodafone's arrangements with sound recording companies such as Saregama...

Delhi HC Questions Trimurti Films Over Not Pursuing 2016 'Oye Oye' Copyright Row During Plea Against Dhurandhar 2
The Delhi High Court on Friday sharply questioned Trimurti Films on Friday over its nearly decade-long inaction after objecting in 2016 to the same alleged copyright infringement, asking why it had kept quiet for years before seeking to restrain the OTT release of Dhurandhar: The Revenge over the use of the iconic Tridev song Oye Oye. Justice Tushar Rao Gedela was openly skeptical of the plaintiff's case and remarked, “In spite of sending a notice in 2016 in respect of Azhar, you are keeping...

Bombay High Court Grants Interim Relief Protecting Ahmed Perfumes' Arabic Logo, Refuses Passing Off Relief
The Bombay High Court has granted an interim copyright protection to UAE-based Ahmed Perfumes against a Mumbai perfume trader over alleged copying of its Arabic calligraphic logo but refused interim passing off relief after finding the company had failed to show goodwill and a customer base in India. In an order pronounced on May 7, Justice Sharmila U. Deshmukh restrained Mohammed Faisal Rehman Sultan Ahmed Shamsi and his associated entities, Al Ahmed India and Ahmed Al Maghribi LLP, from...

Jioo Organics Agrees To Drop Reliance, Jio-Like Marks In Settlement Before Delhi High Court
The Delhi High Court has restrained a trader accused of using marks deceptively similar to Reliance Industries' registered trademarks “RELIANCE” and “JIO”. after both the parties entered into settlement. A bench of Justice Tushar Rao Gedela recorded a settlement between Reliance Industries and a trader, who was operating under the trade name “Jioo Organics”. Reliance Industries had filed the suit against Pawan Kumar Gupta and others, alleging trademark infringement and passing off. The...

Supreme Court Refuses To Interfere With Bombay HC Order Protecting 'GERMINATOR' Trade Dress
The Supreme Court recently (May 4) dismissed a Special Leave Petition filed by Anannya Agro Products challenging a Bombay High Court order granting interim injunction in favour of Dr. Bawaskar Technology (Agro) Pvt. Ltd. in a trademark and trade dress dispute concerning the mark “GERMINATOR”. A bench of Justice J.B. Pardiwala and Justice Vijay Bishnoi found no error in the High Court's March 16 order, stating: “We find no error, not to speak of any error of law said to have been committed by...
