Caught in Limbo: The Karnataka HC’s Compromise on Staying Patent Infringement Suits

/ By / Patent

On March 1, the Karnataka High Court addressed the question of whether a patent infringement proceeding must be stayed for the duration of a pending revocation petition. Anushka Kanabar examines the order and assesses how the Court tried to strike the balance by concluding that the infringement proceeding should be stayed at the stage of final hearings, and whether the Patents Act supports this understanding. Anushka is a fourth-year B.A., LL.B. (Hons.) student at the National Law School of India […]

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SpicyIP Weekly Review (September 1 – September 7)

/ By / Copyright, Others, Patent, Trademark

Beginning September with a post on Rajasthan HC’s invocation of Article 21 of the Constitution in a trademark case. Bollywood’s copyright dance at the Bombay HC – post on the recent orders concerning the movies Disco Dancer and Dream Girl 2. This and a lot more on last week’s SpicyIP Weekly Review. Here’s a roundup of our blog posts, case summaries and top IP developments in the country and the world this week. Anything we are missing out on? Drop

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How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar

/ By / Trademark

The Delhi High Court has clarified that simply accessing a plaintiff’s website or registering a mark in its territory does not give the Court jurisdiction. Srishti Gaur unpacks the ruling and shows how it sharpens the position in light of earlier precedents. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar By Srishti Gaur In

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Whose Jurisdiction is it Anyway?: SC Dismisses CCI’s Appeal Against Ouster of Jurisdiction on Patent Issues

/ By / Patent

The Supreme Court in Ericsson v. CCI was expected to clear the air on a tricky regulatory question concerning CCI and the Controller General, but the dispute seems to have had an anticlimactic end with the Court declining to decide on the point of law. Ambika Aggarwal writes on this development below. Ambika is a Ph.D. (IP Law) scholar at NALSAR University of Law, Hyderabad and is also a SpicyIP Tech Innovation Policy Fellow. [Please note that we are still

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Justice with Velvet Gloves? A Look at the DHC’s Decision in the iPhone Counterfeit Case

/ By / Trademark

A division bench (DB) of the Delhi High Court (DHC), comprising Justices Prathiba M. Singh and Shail Jain, recently voiced serious concern over the import of counterfeit iPhones in M/s ECG Easy Connect Logistics Pvt. Ltd v Commissioner of Customs, CUSAA 35/2024 (pdf). The DB highlighted the dual harm caused by such imports: erosion of brand equity and adverse consumer welfare impacts, particularly as old, used, or counterfeit products may be misrepresented as new. This deceptive practice, according to the

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When Everything is a Right, What’s Left? Analysing Rajasthan HC’s Invocation of Article 21 in a Trademark Context

/ By / Trademark

IP and constitutional law are two phrases that you barely encounter together at one place. This rendezvous, however, happened recently where Article 21 of the Indian Constitution was invoked in relation to trademark applications! Apparently the right to a quick trademark examination is a fundamental right! How did we land up here? Read on below. The trigger seems triggering enough. The Rajasthan HC decided a civil writ petition Nirmala Kabra v Registrar of Trade Marks and Anr  seeking direction to

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Vasundhra vs Vasundhara: Notes on Section 35 and the Goodwill Question

/ By / Trademark

A division bench of the Delhi High Court recently clarified that a proprietor does not need to use their full name to avail of the Section 35 defence against a trademark infringement action. Explaining the Court’s rationale, Subhalaxmi Mukherjee discusses why associating the identity of a company with the name of the proprietor might be problematic. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She is interested in a

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From Disco Dancer to Dream Girl 2: Bollywood’s Copyright Dance in Court

/ By / Copyright

Discussing the Disco Dancer and Dream Girl 2 decisions by the Bombay High Court, Aali Jaiswal explains how the Copyright Act, 1957, distinguishes between exclusive rights under Section 14 and the limits on protection under Section 13. Aali is a third year B.A.LL.B student at Dr. Ram Manohar Lohia National Law University, Lucknow. Her primary areas of interest lie in Intellectual Property Law and Technology Law. From Disco Dancer to Dream Girl 2: Bollywood’s Copyright Dance in Court By Aali

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SpicyIP Weekly Review (August 25 – August 31)

/ By / Copyright, Others, Patent, Trademark

5 years of the SciHub saga, multiple orders, and finally a blocked SciHub – a deep dive into the twists and turns of the case. A post discussing Benjamin Sobel’s paper on Copyright Accelerationism and another on the Supreme Court’s order on post-sale confusion. This and a lot more on last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week The SciHub Saga! Miles to Go While

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SpicyIP Tidbit: Analysing the Mankind Pharma Order through the lens of the Modi Pharma Case on the ‘Family of Marks Doctrine’

/ By / Trademark

[This post is authored by Bhavya Gupta. Bhavya is a third year BA. LLB student at the National Law School of India University, Bangalore. Her academic and professional interests lie in corporate law, intellectual property, competition law and international arbitration.] The Delhi High Court recently in Mankind Pharma Ltd. v. Ram Kumar M/s Dr. Kumars Pharmaceuticals (C.O. (COMM.IPD-TM) 566/2022) ordered for the cancellation of the “UNKIND” mark in Class 35, providing a useful opportunity to reflect on the judicial reading

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