🔴 Lead Story
Trade Dress and Design Protection Affirmed Across Three Simultaneous Decisions
KENT RO Systems v. Aqua Grand · Mothercare v. John Doe · Reckitt Benckiser v. Gainda Manufacturers · Delhi High Court
The Delhi High Court this week delivered three decisions involving deliberate imitation of established brands, each affirming a distinct but related legal principle.
In the KENT RO matter, the court granted a permanent injunction upon finding that the defendant’s product configuration reproduced the protected registered design.
In the Mothercare matter, the court granted interim injunction upon finding prima facie dishonest adoption of marks deceptively similar to Mothercare in the infant and child product segment.
In the Harpic, Colin and Lizol matter, the court restrained the Gainda manufacturers upon finding that the overall trade dress of the impugned products was crafted to replicate the visual presentation of three established household brands. The court held this to constitute passing off by deliberate misrepresentation.
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Patent Refusal Affirmed for Video Coding Technology
NEC Corporation v. Controller of Patents · Delhi High Court
The Delhi High Court upheld the Controller’s rejection of NEC Corporation’s patent application concerning chroma quantisation offsets in video coding technology. The court found that the application failed to meet statutory requirements under Section 2(1)(j) and Section 2(1)(ja) of the Patents Act 1970 and declined to interfere with the refusal order.
Registered Design of KENT RO Enforced by Permanent Injunction
KENT RO Systems v. Aqua Grand · Delhi High Court
The Delhi High Court granted permanent injunction against Aqua Grand upon finding infringement of the registered design of KENT RO water purifiers. The court applied the informed user test and found that the overall impression created by the defendant’s product configuration was substantially similar to the protected design, constituting infringement under the Designs Act 2000.
Trade Dress Imitation of Household Brands Injuncted
Reckitt Benckiser v. Gainda Manufacturers · Delhi High Court
The Delhi High Court restrained manufacturers of Gainda products from using packaging and trade dress imitating Harpic, Colin and Lizol. The court found that the overall visual presentation of the impugned products was designed to replicate the established trade dress of three distinct brands, constituting passing off by misrepresentation as to the trade origin of the goods.
Deceptive Adoption of GOLDI Mark Injuncted
Shubham Goldiee Masale v. Goldi · Delhi High Court
The Delhi High Court directed removal of the mark GOLDI upon finding infringement of the registered mark SHUBHAM GOLDIEE MASALE. The court held the marks deceptively similar on a visual, phonetic and structural comparison and found that the adoption constituted both trademark infringement under the Trade Marks Act 1999 and passing off.
Well-Known HIMALAYA Mark Receives Interim Protection
Himalaya Wellness Company v. Himalaya Nutra · Delhi High Court
The Delhi High Court granted interim injunction restraining use of HIMALAYA NUTRA, holding the mark deceptively similar to the registered and well-known HIMALAYA mark of Himalaya Wellness Company. The court found prima facie likelihood of dilution of the distinctiveness and goodwill associated with the plaintiff’s mark, applying the enhanced protection available to well-known marks under Section 11(2) of the Trade Marks Act 1999.
Misrepresentation Through TOI Mark Restrained
Bennett Coleman & Co. v. John Doe · Delhi High Court
The Delhi High Court granted injunction restraining a website from using the TOI mark of Bennett Coleman & Co., publisher of The Times of India. The court held that such use on a digital platform constitutes deliberate misrepresentation as to the source and affiliation of the content, actionable as both trademark infringement and passing off.
Interim Relief Refused in NATRAJ Ownership Dispute
NATRAJ Trademark Dispute · Delhi High Court
The Delhi High Court refused interim protection in a dispute concerning ownership of the NATRAJ trademark arising within a family and HUF structure. The Court held that the plaintiff failed to establish a prima facie case, noting the absence of deceptive similarity, lack of proven secondary meaning in a common deity name, and unresolved ownership claims based on untested documents.
Passing Off Established Against ELITO Mark
Exide Industries v. Elito · Calcutta High Court
The Calcutta High Court restrained use of the mark ELITO in proceedings instituted by Exide Industries. The court found deceptive similarity in both the mark and trade dress and held that the defendant’s adoption was calculated to leverage the established goodwill and reputation of the plaintiff, constituting passing off.
Belated Corporate Identity Claim Rejected in SUJATA Matter
Sujata Corporate Name Dispute · Delhi High Court
The Delhi High Court dismissed an attempt by Sujata to adopt Sujata as a corporate name, holding the claim barred by delay. The court further held that the adoption was contrary to subsisting injunction orders already operating against the party, making the claim untenable on both procedural and substantive grounds.
Deceptive Similarity in Pharmaceutical Marks Restrained
Saga Pharma v. Halesaga · Delhi High Court
The Delhi High Court restrained use of the mark Halesaga upon finding it deceptively similar to the registered mark SAGA PHARMA. The court held that in pharmaceutical products, the threshold for what constitutes actionable deceptive similarity is applied with greater rigour given the public health consequences of consumer confusion between medicinal products.
Pharmaceutical Confusion Risk Leads to Infringement Finding
Sun Pharmaceutical Industries v. Bevatas · Delhi High Court
The Delhi High Court held Bevatas liable for trademark infringement of Sun Pharmaceutical Industries’ registered mark Bevetex. The court found deceptive similarity between the marks and held that the risk of confusion in a pharmaceutical product used in the treatment of breast cancer carried heightened public health implications justifying injunctive relief.
Threshold Jurisdiction Sustained in Film Rights Dispute
Plaintiff v. Reliance Entertainment · Bombay High Court
The Bombay High Court declined to reject the plaint at the threshold stage in a copyright dispute concerning the film Bholaa, holding that the suit discloses a triable cause of action within its territorial jurisdiction. The court deferred adjudication of territorial objections raised by Reliance Entertainment to a later stage of proceedings.
Film Song Dispute Referred to Mediation
Dhurandhar 2 Song Dispute · Delhi High Court
The Delhi High Court referred a dispute concerning the song Rang De Lal Oye Oye featured in Dhurandhar 2 to mediation. The court noted that competing claims over authorship and exploitation rights raise questions amenable to negotiated resolution and directed parties to explore settlement through the mediation process.
Dynamic Injunction Granted Against Online Piracy of Euphoria
HBO v. Rogue Streaming Websites · Delhi High Court
The Delhi High Court granted a dynamic injunction restraining rogue websites from streaming HBO’s Euphoria ahead of its third season release. The court extended the injunction to cover future mirror websites and alphanumeric variants facilitating unauthorised streaming, applying the dynamic injunction framework developed by Indian courts to address the evolving nature of online copyright infringement.
Counterfeit Academic Publications Restrained
Bharati Bhawan v. Flipkart Sellers · Delhi High Court
The Delhi High Court restrained sellers operating through Flipkart from dealing in counterfeit editions of Bharati Bhawan publications. The court recorded a prima facie case of copyright infringement and passing off and directed cessation of sale, circulation and listing of infringing products across the platform.
Urgent Relief Exception Recognised in Copyright Actions
Copyright Infringement Matter · Orissa High Court
The Orissa High Court held that the mandatory pre-institution mediation requirement under the Commercial Courts Act may be dispensed with in copyright infringement proceedings where urgent interim relief is sought. The court recognised continuing infringement as constituting urgency sufficient to invoke the exception to procedural preconditions.
Judicial Scrutiny Invoked Against Platform Blocking Measures
4PM News v. MEITY & Google · Delhi High Court
The Delhi High Court issued notice to the Ministry of Electronics and Information Technology and Google on a petition filed by 4PM News challenging the blocking of its YouTube channel. The court called for a response on the legality of the blocking directions, examining allegations that the directions were issued without reasons, without affording an opportunity of hearing and in disproportionate restriction of digital news dissemination.
Intermediary Seeks Narrowing of Personality Rights Directions
Google v. Aniruddha Joshi · Delhi High Court
Google approached the Delhi High Court seeking modification of a John Doe order passed in personality rights proceedings initiated by Aniruddha Joshi. Google contended that the directions as framed are overly broad in scope and impose compliance obligations on intermediaries disproportionate to the rights being protected.
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Federal Circuit Dismisses PTAB Appeal for Lack of Standing
ironSource Ltd. v. Digital Turbine · US Court of Appeals for the Federal Circuit
The United States Court of Appeals for the Federal Circuit dismissed an appeal by ironSource Ltd. challenging a Patent Trial and Appeal Board decision concerning amendments to a Digital Turbine patent, holding that ironSource lacked the requisite standing to bring the appeal. The court confirmed that a concrete and particularised injury arising from the PTAB decision is a precondition to appellate standing in inter partes review proceedings.
Federal Circuit Affirms Samsung Win on Display Patents
Samsung Electronics v. Plaintiff · US Court of Appeals for the Federal Circuit
The United States Court of Appeals for the Federal Circuit upheld Patent Trial and Appeal Board findings invalidating patents asserted against Samsung Electronics relating to electronic display cooling systems. The decision confirms the PTAB’s inter partes review findings and closes the validity challenge in Samsung’s favour.
Stability AI Challenges Getty Images Trademark Claims
Getty Images v. Stability AI · US District Court
Stability AI urged a United States District Court to dismiss trademark claims brought by Getty Images, arguing that AI-generated outputs bearing distorted watermarks do not constitute trademark use sufficient to establish dilution or infringement under US trademark law.
Third Circuit Recognises Fair Use in Posting Technical Standards
ASTM v. Public Resource · US Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit held that the online publication of ASTM technical standards constitutes fair use and does not amount to copyright infringement. The court found that public interest in access to standards incorporated by reference into law weighs in favour of fair use under the four-factor analysis.
US Supreme Court Narrows ISP Liability in Copyright Disputes
Cox Communications v. Sony Music Entertainment · US Supreme Court
The Supreme Court of the United States delivered its judgment in Cox Communications v. Sony Music Entertainment, narrowing the circumstances in which internet service providers may be held contributorily liable for copyright infringement by their users. The court emphasised the limits of secondary liability and signalled a more restrained judicial approach to imposing obligations on intermediaries for user-generated infringement.
Prince Estate Resolves Trademark Dispute
Prince Estate v. Apollonia · United States
The estate of Prince and Apollonia Kotero have settled a trademark dispute concerning rights to the name “Apollonia,” bringing an end to litigation in a California federal court. The dispute arose after the estate applied for a federal trademark over “Apollonia” and sought cancellation of Kotero’s existing registration, prompting her to seek judicial confirmation of her rights to the name. The parties have now reached a settlement, with the lawsuit set to be dismissed.
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Mexico Rewrites Its Industrial Property Framework
The Mexican Institute of Industrial Property introduced comprehensive reforms to Mexico’s industrial property regime. The reforms establish statutory timelines for patent examination, recognise provisional patent filings and restoration of priority rights, formally recognise non-traditional marks including position, motion and multimedia marks, expand trademark refusal grounds to cover fictional characters, publication titles, stage names and Indigenous and Afro-Mexican cultural heritage identifiers, and introduce sanctions for infringements involving artificial intelligence.
USPTO Introduces PIER Pilot for National Phase Applications
The United States Patent and Trademark Office launched the PCT Informed Examination Request pilot program for patent applications entering the US national phase under 35 U.S.C. §371. Under the pilot, selected applicants are required to elect whether to proceed, delay or abandon their applications using existing PCT examination records. Applications in which no election is made within the prescribed period stand abandoned.
