Trademark

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Delhi High Court Sets Aside Abandonment of Trademark Opposition, Upholds Substantive Justice Under Rule 45

Introduction In a landmark ruling emphasizing that procedural technicalities must not override substantive rights, the Delhi High Court has set aside an order of the Trade Marks Registry which treated a trademark opposition as “abandoned” due to a minor filing defect. The Court held that procedural lapses—particularly those committed bona fide and without causing prejudice—cannot […]

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Delhi High Court Grants Permanent Injunction in SAKARNI Trademark Infringement Case

Introduction In a significant judgment strengthening trademark and copyright enforcement in India, the Delhi High Court in Ashok Kumar Gupta v. Arif Khan (CS(COMM) 608/2023 & I.A. 16670/2023) granted a permanent injunction along with damages against the defendant for adopting a deceptively similar trademark and label. Decided on 28 February 2025 by Hon’ble Mr. Justice

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Trademark Infringement and Trade Dress Protection: ITC Limited v. Pelican Tobacco Co. Ltd.

Introduction In modern commerce, trademarks and trade dress are not mere identifiers—they are strategic business assets that embody reputation, goodwill, and consumer trust. Industries with high brand recall, such as tobacco and FMCG, frequently witness disputes where competitors attempt to capitalize on established brand equity through deceptively similar branding. The case of ITC Limited v.

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Tesla Inc. v. Tesla Power India Pvt. Ltd.: Delhi High Court on Well-Known Trademarks in the EV Era

Introduction The electric vehicle ecosystem represents one of the most dynamic and competitive industries today, where innovation, sustainability, and brand value converge. As global players expand into emerging markets like India, trademark protection becomes a critical tool to preserve goodwill and prevent consumer confusion. The case of Tesla Inc. v. Tesla Power India Pvt. Ltd.

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