The Delhi High Court in Dong Yang PC, Inc. v. Controller of Patents & Designs [C.A. (COMM.IPD-PAT) 60/2024], on 1 July 2025, considered an appeal under Section 117A against a Section 15 refusal of 2554/DEL/2013 (“Vertical Rotary Parking System”). A pre-grant opposition filed against the application had cited documents D-1 to D-4, and shortly before the hearing, an additional prior art document, D-5, was introduced. In response, the applicant filed Form-13 seeking to amend the application in reliance on Sections 57-59. The Controller, however, rejected the proposed amendments and refused the application on the ground that the claimed invention lacked inventive step under Section 2(1)(ja), describing the claimed features as no more than a “mere workshop modification.”
Continue reading “Simplicity Is No Bar: Delhi HC on Inventive Step and Amendments”Category: Delhi High Court
Delhi High Court upholds refusal under Section 3(k) but sets aside Section 59 objection
The Delhi High Court in Kroll Information Assurance, LLC v. Controller General of Patents, Designs & Trade Marks upheld refusal under Section 3(k) but set aside the Section 59 objection.
In the present case, the Court considered an appeal under Section 117A from a refusal of Indian Patent Application No. 8100/DELNP/2007 (by order dated 25 June 2019) titled “A System, Method and Apparatus to locate at least one type of person, via a peer-to-peer network.” The prosecution history included objections under Section 2(1)(j)/2(1)(ja), Section 10(4)(c), Section 3(b), and Section 3(k), with a hearing-stage objection to amendments under Section 59/Section 57; the Controller ultimately refused under Section 59, Section 2(1)(j), and Section 3(k).
Continue reading “Delhi High Court upholds refusal under Section 3(k) but sets aside Section 59 objection”Delhi High Court Sides with ADIDAS in Dismissing Claim of Prior Use
The Delhi High Court granted a permanent injunction and monetary damages against the defendants in Adidas AG (plaintiff) v. Keshav H. Tulsiani & Ors (defendants) [CS (COMM) 582/2018], restraining them from manufacturing, selling, marketing, or trading textile goods under ADIDAS marks or any other deceptively similar marks.
Continue reading “Delhi High Court Sides with ADIDAS in Dismissing Claim of Prior Use”Delhi High Court finds ‘WOW’ in the Plaintiff’s case, grants ex parte ad interim injunction against Wow Punjabi
In the matter of Wow Momo Foods Private Limited (Plaintiff) v Wow Punjabi (Defendant) (CS(COMM) 253/2024), the Delhi High Court, vide its order dated 22 March 2024, held that “this Court is satisfied that plaintiff has made out a prima facie case for grant of an ex parte ad interim injunction till the next date of hearing. Balance of convenience lies in favour of plaintiff and plaintiff is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
Continue reading “Delhi High Court finds ‘WOW’ in the Plaintiff’s case, grants ex parte ad interim injunction against Wow Punjabi”Paving the Way for VOLVO’s Journey of Prevention
In an order seen as reinforcing brand owners’ faith in the trademark protection afforded by India’s courts for trademarks, foreign automaker Volvo suspended the defendant from using the VOLVO trademark online.
Continue reading “Paving the Way for VOLVO’s Journey of Prevention”Dettol Halts Sale of Infringing COVID-19 Product
A recent case in the Delhi High Court provided another good example of how the COVID-19 pandemic is creating new challenges for brand owners, highlighting the importance of safeguarding brands against infringement. Continue reading “Dettol Halts Sale of Infringing COVID-19 Product”
The ‘Red Sole’ Dilemma
Three recent and varied decisions by the Hon’ble Delhi High Court in Red Sole infringement case series seem to have created a judicial dilemma. Continue reading “The ‘Red Sole’ Dilemma”
Explaining ‘sameness’ in designs, the Delhi High Court maintains injunction in favor of Vega Auto Accessories
The Hon’ble Delhi High Court maintained injunction order in favor of Plaintiff Vega Auto Accessories which restrained the Defendant from making, selling, offering for sale, advertising and directly or indirectly dealing in helmets amounting to infringement of Plaintiff’s registered design and particularly the helmets under Defendant’s mark ‘POWER’. Continue reading “Explaining ‘sameness’ in designs, the Delhi High Court maintains injunction in favor of Vega Auto Accessories”
Reiterating the “first in the market test”, Indian Court grants injunction in favour of H&M
The Delhi High Court recently restrained an Indian firm – HM Megabrand from using in any manner whatsoever the trade / service mark / trade name ‘HM /.HM. / HM MEGA BRANDS / .H M.’ or any deceptive variation/s thereof, singularly or in conjunction with any other word or monogram/logo or label in relation to their products/services/business Continue reading “Reiterating the “first in the market test”, Indian Court grants injunction in favour of H&M”
Post carefully – Delhi High Court acknowledges copyright in Photos on Facebook
In a recent matter, the Delhi High Court has in a suit for permanent injunction filed by Plaintiff, Fairmount Hotels Pvt. Ltd., against Defendant, one Mr. Bhupendra Singh, recognized copyright in the photographs uploaded on Facebook. Continue reading “Post carefully – Delhi High Court acknowledges copyright in Photos on Facebook”
