IP60 Bulletin Issue 10/15 September 2025

SC Permits Cognizant Logo Use; Directs Bombay HC to Resolve Trademark Dispute in 6 Months

On 08 September 2025, the Supreme Court of India set aside a Bombay High Court order that had prohibited Cognizant Technology Solutions from using a logo allegedly similar to Atyati Technologies’ registered “ATYATI” device mark. The Supreme Court directed a single judge of the Bombay High Court to adjudicate the intellectual property dispute within six months.

DHC Denies Interim Injunction in Wow Momo Case

The Delhi High Court (DHC) on 12 September 2025, refused to grant an interim injunction to Wow Momo Foods Pvt Ltd in its trademark dispute against Wow Burger over the mark “WOW BURGER.” The Court held that “WOW” is a common laudatory term in the food industry and cannot be monopolized under trademark law, emphasizing that descriptive marks are ineligible for exclusive protection.

DHC Refuses Interim Relief to Peru in PISCO GI Dispute with Chile

The Delhi High Court (DHC) on 11 September 2025, declined interim relief to the Embassy of Peru in its challenge to the 07 July 2025 judgment modifying the GI registration for “PISCO” liquor to “Peruvian PISCO.” The Court found that Peru failed to establish a prima facie case, with both Peru and Chile asserting rights over the use of the term for grape-based spirits.

DHC Grants Relief to Aishwarya & Abhishek Bachchan in Personality Rights Cases

The Delhi High Court (DHC) has restrained unauthorized use of Aishwarya Rai Bachchan and Abhishek Bachchan’s names, images, likenesses, voice, and performances by websites, YouTube channels, and others for commercial or personal gain. The Court emphasized that personality rights protect an individual’s image, identity, and dignity, and unauthorized exploitation can lead to both commercial and reputational harm.

DHC Denies Stay on Criminal Probe Against Dharma Productions in Shamshera Copyright Case

The Delhi High Court (DHC) on 10 September 2025, refused to stay a criminal investigation against Dharma Productions over the Ranbir Kapoor-starrer Shamshera. The FIR, lodged in 2024 by filmmaker Bikramjeet Singh Bhullar, alleges that the film infringes his literary work Kabu na chhadein khet. Dharma had sought relief to halt the probe, which the Court declined.

DHC Upholds Passing Off Rights Despite Defendant’s Trademark Registration in HTA Case

In a dispute over the “HTA” mark between Hi Tech Arai and Paul Components, the Delhi High Court (DHC) held that a passing off action is maintainable even if the defendant holds trademark registrations and the plaintiff’s marks are unregistered. The Court granted an injunction in favor of Hi Tech Arai, noting the defendant’s filing of fabricated documents casts doubt on authenticity.

DHC Dismisses Saint-Gobain Glass France’s Patent Appeal

The Delhi High Court (DHC) rejected Saint-Gobain Glass France’s appeal against the refusal of its patent on a “material comprising a stack of thin layers” for glazing. The Court upheld the Controller’s decision, citing lack of inventive step, insufficient data, and obviousness. Combining prior art from the same field is permissible and not mere “cherry-picking.”

CGPDTM and Swedish IP Office Renew Biennial Work Plan

The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) and the Swedish Intellectual Property Office have renewed their Biennial Work Plan, originally signed in July 2023 under the 2017 MoU. The renewed plan will run for two more years, fostering continued collaboration on IP administration and cooperation between India and Sweden.

CGPDTM Invites Suggestions for Trademark Guidelines

The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) has invited submissions from trademark attorneys, agents, and stakeholders to draft guidelines improving trademark application processing. Key areas include formalities, evidence submission, post-registration proceedings, renewals, and TM dispute resolution. Suggestions are due by 22 September 2025 via email or at CGPDTM, New Delhi.

Karachi Café Sattar Buksh Triumphs in Trademark Dispute with Starbucks

A Karachi Court has ruled in favor of local café Sattar Buksh in its trademark dispute against Starbucks. Starbucks had claimed infringement, arguing that Sattar Buksh’s branding mimicked its own. The Court found that Sattar Buksh’s logo and branding constitute a legitimate parody, highlighting the protection of local creativity and cultural expression against multinational claims.

Samsung Settles Wireless Patent Dispute After $279 Million Jury Verdict

Samsung Electronics has settled a wireless communications patent lawsuit filed in the U.S. Sates District Court by Headwater Research, which had resulted in a $279 million jury verdict earlier this year. The settlement was confirmed in a Texas federal court filing, with both parties requesting dismissal of Headwater’s claims with prejudice, preventing them from being refiled.

STIM Introduces AI Music License to Safeguard Songwriters

Sweden’s music rights organization, STIM, has launched a new license enabling AI companies to legally use copyrighted songs for training purposes while ensuring fair compensation for songwriters and composers. The initiative addresses concerns over unauthorized AI use and includes mandatory tracking technology to monitor AI-generated outputs, ensuring transparency and royalty payments for creators.

Anthropic’s $1.5 Billion Copyright Settlement Faces Judicial Review

A U.S. Federal Judge is scrutinizing a proposed $1.5 billion copyright settlement between AI company Anthropic and a class of authors. The Judge raised concerns over insufficient details in the agreement, delaying approval and requesting additional information to ensure the settlement adequately protects the rights of the authors.

Encyclopedia Britannica Sues Perplexity Over AI Answer Engine

Encyclopedia Britannica and Merriam-Webster have sued Perplexity AI in the U.S., alleging unauthorized use of their copyrighted content in its AI answer engine. The complaint claims Perplexity copied and summarized material without permission, reducing web traffic and revenue, and also misattributed AI-generated content to Britannica and Merriam-Webster. The plaintiffs seek damages and an injunction to stop further misuse.

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