Intellectual Property Rights Weekly Round-Up: November 24–30, 2025

Update: 2025-12-01 07:07 GMT
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NOMINAL INDEX Hi Tech Chemicals Limited v. Deputy Controller of Patents and Designs & Anr., C.M.A. (PT) No. 43 of 2023 Living Media India Limited and Anr v. Amar Ujala Limited and Ors, CS (COMM) 1238/2025 Visage Beauty and Healthcare Private Limited v. Freecia Professional India Private Limited & Anr., CS(COMM) 633/2022 ITC Limited v. Pelican Tobacco Co Ltd &...

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NOMINAL INDEX

Hi Tech Chemicals Limited v. Deputy Controller of Patents and Designs & Anr., C.M.A. (PT) No. 43 of 2023

Living Media India Limited and Anr v. Amar Ujala Limited and Ors, CS (COMM) 1238/2025

Visage Beauty and Healthcare Private Limited v. Freecia Professional India Private Limited & Anr., CS(COMM) 633/2022

ITC Limited v. Pelican Tobacco Co Ltd & Ors., CS(COMM) 221/2024

Haveli Restaurant and Resorts Limited v. Registrar Of Trademarks & Anr, C.A. (COMM.IPD-TM) 57/2024

Hermes International & Anr. v. Macky Lifestyle Private Limited & Anr., CS(COMM) 716/2021

Rajani Products v. Madhukar Varandani & Anr., C.O. (COMM.IPD-CR) 16/2024

Spalon India Private Limited v. Maya Choudhary, 2025 LiveLaw (Mad) 442

Ashim Kumar Ghosh v. The Registrar Of Trade Marks, C.A.(COMM.IPD-TM) 48/2025

Medilabo RFP Inc. v. The Controller Of Patents, C.A.(COMM.IPD-PAT) 16/2024

Sunil Niranjan Shah v. Vijay Bahadur, CS(COMM) 669/2025

Aristo Pharmaceutical Private Limited v. Healing Pharma India Private Limited & Ors., IA (L) NO. 26226 OF 2025 in Commercial IP Suit (L) NO. 25932 OF 2025

Saurabh Gupta v. Sheopals Pvt Ltd, FAO (COMM) 175/2025

Tesla Inc. v. Tesla Power India Private Limited & Ors., CS(COMM) 353/2024

Softgel Healthcare Private Limited v. Pfizer Inc., 2025 LiveLaw (Mad) 445

Koninklijke Philips N.V. & Ors. v. Karma Mindtech & Ors., CS(COMM) 914/2023

Trident Limited v. Controller Of Patents, C.A. (COMM.IPD-PAT) 162/2022

Sun Pharmaceutical Industries Ltd. v. Artura Pharmaceuticals P. Ltd., CS(COMM) 1038/2024

Irish Distillers International Limited v. Stardford Spirits Pvt Ltd & Anr., C.O.(COMM.IPD-TM) 77/2025

Hindustan Unilever Limited v. Roopa Industries, A. No.1861 of 2025

Amir Chand Jagdish Kumar Exports Ltd. v. Knam Foods Pvt. Ltd. & Ors., CS(COMM) 1251/2025

EscapeX IP LLC V. Google LLC

Reliance Industries Limited v. Abhay Kumar and Another, IA (L) NO. 35071/2025 in Commercial IP Suit No. 662/2025

Boman R. Irani v. The Official Liquidator of Ideal Jawa, OSA No. 2/2023

AJAY alias VISHAL VEERU DEVGAN v. THE ARTISTS PLANET & ORS

Dr. Ilaiyaraaja v. Mythri Movie Makers, 2025 LiveLaw (Mad) 449

Madhampatty Thangavelu Hospitality Private Limited v. Joy Crizildaa, OA 904 of 2025

INTERNATIONAL REPORTS

US Court Orders EscapeX, Lawyers To Pay Google USD 2.5 Lakh As Cost For Frivolous Patent Suit

Case Title: EscapeX IP LLC v. Google LLC

The U.S. Federal Circuit upheld orders directing EscapeX to pay Google over USD 2.5 lakh in attorney fees, finding that EscapeX filed a frivolous patent suit and then prolonged the case with an equally baseless post-judgment motion. The Court also affirmed additional sanctions against EscapeX and its lawyers for multiplicity of proceedings.

HIGH COURT REPORTS

PATENTS ACT, 1970

Madras High Court Asks Patent Office To Re-Evaluate Objections Against Allied Metallurgical's Anti-Stick Coating Patent

Case Title: Hi Tech Chemicals Limited v. Deputy Controller of Patents and Designs & Anr.

Case No.: C.M.A. (PT) No. 43 of 2023

The Madras High Court set aside the Patent Office's order refusing Hi Tech Chemicals' challenge to an anti-stick coating patent owned by Allied Metallurgical Products. The Court held that the reasoning on obviousness was inadequate, noting that the Patent Office failed to explain why key objections on novelty, inventive step and technical advantage were rejected.

Delhi High Court Sets Aside Rejection Of Medilabo's Patent For Neurodegenerative-Disease Drug

Case Title: Medilabo RFP Inc. v. The Controller Of Patents

Case No.: C.A.(COMM.IPD-PAT) 16/2024

The Delhi High Court quashed the refusal of Medilabo's patent application relating to a pharmaceutical composition, holding that the Patent Office failed to examine the amended claims and wrongly applied the bar on “methods of treatment” under Section 3(i). The Court held that patentability must be assessed based solely on the amended claims, and mere references to the word “treatment” in the specification cannot attract Section 3(i).

Delhi High Court Quashes Patent Office Order, Sends Trident's 'Air Rich Yarn' Patent Plea Back For Review

Case Title: Trident Limited v. Controller Of Patents

Case No.: C.A.(COMM.IPD-PAT) 162/2022

The Delhi High Court overturned the refusal of Trident's patent application for “air rich” yarn technology, finding that the Patent Office failed to assess the core inventive feature i.e., homogeneous pore distribution across the yarn's radial cross-section. The Court held that the refusal lacked a proper obviousness analysis, overlooked detailed examples in the specification, and failed to show how prior art taught the invention.

Madras High Court Quashes Order Allowing Pfizer To Seek Documents From Indian Drug Manufacturer For US Suit

Case Title: Softgel Healthcare Private Limited v. Pfizer Inc.

Citation: 2025 LiveLaw (Mad) 445

The Madras High Court has overturned a Single Judge's order that had permitted pharmaceutical giant Pfizer to enforce Letters Rogatory issued by a United States court to obtain documents and testimony from Chennai-based Softgel Healthcare Pvt. Ltd. The Court noted that the request amounted to pre-trial discovery which is barred in India.

TRADE MARKS ACT, 1999

Delhi High Court Protects 'Aaj Tak' Mark, Restrains News Agencies From Using It In Source Code And Meta Tags

Case Title: Living Media India Limited and Anr v. Amar Ujala Limited and Ors

Case No.: CS (COMM) 1238/2025

The Delhi High Court restrained defendant news agencies from using “Aaj Tak” in source code or meta tags after they stated that they had removed infringing links and did not contest the suit. A decree was passed based on their undertakings.

Delhi High Court Restrains Cosmetic Company From Copying Visage Beauty's O3+ Facial Kits Packaging And Mark

Case Title: Visage Beauty and Healthcare Private Limited v. Freecia Professional India Private Limited & Anr.

Case No.: CS(COMM) 633/2022

The Court restrained Freecia from copying Visage Beauty's packaging, ingredients listing, usage steps and from using the mark “DERMOMELAN,” holding that the layout and textual elements had been prima facie copied. The Court rejected claims of prior usage of the term and granted interim relief.

Delhi High Court Protects 'Gold Flake' Mark Against Lookalike 'Gold Flame' and 'Gold Fighter' Cigarettes

Case Title: ITC Limited v. Pelican Tobacco Co Ltd & Ors.

Case No.: CS(COMM) 221/2024

The Court confirmed an interim injunction against Pelican Tobacco, holding that “Gold Flame” and “Gold Fighter” cigarettes were deceptively similar to ITC's “Gold Flake” in name and packaging. The Court described Pelican's adoption as “prima facie dishonest.”

Delhi High Court Upholds Registration Of 'Amritsar Haveli' Marks; Rejects Challenge By Haveli Restaurant

Case Title: Haveli Restaurant and Resorts Limited v. Registrar Of Trademarks & Anr

Case No.: C.A.(COMM.IPD-TM) 57/2024

The Court held that “Haveli” mark is publici juris and that no restaurant can claim exclusivity over it. It upheld the registration of “Amritsar Haveli” and “The Amritsar Haveli,” finding no deceptive similarity when comparing the marks as a whole.

Delhi High Court Declares 'Hermès' And Its 'Birkin' Bag's 3-D Shape As Well-Known Trademarks In India

Case Title: Hermes International & Anr. v. Macky Lifestyle Private Limited & Anr.

Case No.: CS(COMM) 716/2021

The Court recognised the Birkin bag's iconic 3-D shape, the word “Hermès” and stylised logos as well-known trademarks, citing extensive enforcement and international recognition.

Madras High Court Allows Udaipur Salon To Use 'Bounce', Rejects South Indian Chain's Appeal

Case Title: Spalon India Private Limited v. Maya Choudhary

Citation: 2025 LiveLaw (Mad) 442

The Division Bench upheld the vacation of an injunction earlier granted to Spalon India, finding the Udaipur Salon's mark sufficiently distinct and rejecting allegations of similarity. The Court said the appeal appeared aimed at delaying trial.

Delhi High Court Clears 'SoEasy' Trademark For Hindi Learning Platform, Calls It Suggestive and Distinctive

Case Title: Ashim Kumar Ghosh v. The Registrar Of Trade Marks

Case No.: C.A.(COMM.IPD-TM) 48/2025

The Court held that “SoEasy” is suggestive, not descriptive, and therefore registrable. It set aside the Registrar's refusal and directed the application to proceed.

Delhi High Court Protects Gaay Chhap Detergent, Restrains Use Of 'Gopal Gai Chhap' and 'Cow Brand' Marks

Case Title: Sunil Niranjan Shah v. Vijay Bahadur

Case No.: CS(COMM) 669/2025

The Court granted an injunction restraining use of “Gopal Gai Chhap,” “Cow Brand” and similar marks, holding that the rival marks were deceptively similar and that the defendant's products on interactive e-commerce platforms gave the Court territorial jurisdiction.

Drug Names Based On International Non-Proprietary Names Cannot Be Monopolised: Bombay High Court Reaffirms

Case Title: Aristo Pharmaceutical Private Limited v. Healing Pharma India Private Limited & Ors.

Case No.: IA(L) 26226/2025

The Court refused injunction to Aristo, holding that its 'ACECLO' mark is derived from INN “Aceclofenac” and is publici juris. It found the competing mark ACECLOHEAL distinguishable and held no prima facie misrepresentation.

Delhi High Court Finds No Similarity Between 'OPAL' and 'SHEOPAL'S' Mark, Denies Injunction to OPAL Cosmetics

Case Title: Saurabh Gupta v. Sheopals Pvt Ltd

Case No.: FAO (COMM) 175/2025

The Division Bench held that OPAL and SHEOPAL'S are not deceptively similar when compared as a whole. The appeal seeking restoration of injunction was dismissed.

Delhi High Court Grants Relief To Tesla Inc, Extends Bar on Indian Company's Use of 'Tesla' Marks In EV Market

Case Title: Tesla Inc. v. Tesla Power India Private Limited & Ors.

Case No.: CS(COMM) 353/2024

The Court continued restrictions on use of “TESLA” for EVs, finding triple identity between marks, goods and trade channels and noting that the Indian company's marks suggested misleading association with Tesla Inc.

Delhi High Court Declines To Return Plaint In Sun Pharma's Trademark Suit Against Artura, Says Cause Of Action Partly Arose In Delhi

Case Title: Sun Pharmaceutical Industries Ltd. v. Artura Pharmaceuticals P. Ltd.

Case No.: CS(COMM) 1038/2024

The Court held that online listings and interactive features could amount to purposeful availment of Delhi jurisdiction. It refused to return the plaint and directed that jurisdiction be tried as a preliminary issue.

Delhi High Court Cancels 'BLUE SPOT' Mark Of Local Spirits Company After Finding It Unused For Five Years

Case Title: Irish Distillers International Limited v. Stardford Spirits Pvt Ltd & Anr.

Case No.: C.O.(COMM-IPD-TM) 77/2025

The Court ordered removal of the “BLUE SPOT” mark for continuous non-use exceeding five years, noting that the defendant was ex-parte and allegations remained unrebutted.

Madras High Court Jails Contemnor For Repeated Breach Of HUL's 'WHEEL' Trademark Injunction

Case Title: Hindustan Unilever Limited v. Roopa Industries

Case No.: A. No.1861 of 2025

The Court ordered three months' civil imprisonment of Roopa Industries' proprietor and attachment of property for repeated violations of injunction protecting HUL's “WHEEL” marks.

Delhi High Court Restrains Knam Foods From Using 'AL-BUSTAN' Rice Packaging, Terms It 'Slavish Copy'

Case Title: Amir Chand Jagdish Kumar Exports Ltd. v. Knam Foods Pvt. Ltd. & Ors.

Case No.: CS(COMM) 1251/2025

The Court found Knam Foods' packaging a slavish copy of the plaintiff's AL-BUSTAN rice bags, including colour scheme, script and layout. An ex-parte injunction was granted.

Bombay High Court Grants Interim Relief To 'JIO'; Restrains Taxi Operator From Using 'JIO Taxi' Mark

Case Title: Reliance Industries Limited v. Abhay Kumar & Anr.

Case No.: IA(L) 35071/2025

The Court granted an ad-interim injunction against use of “JIO TAXI,” finding that it wholly incorporated the well-known “JIO” mark and lacked any valid defence.

Karnataka High Court Restores Classic Legends' Rights To The 'Yezdi' Marks For Motorcycles

Case Title: Boman R. Irani v. The Official Liquidator of Ideal Jawa

Case No.: OSA No. 2/2023

The Division Bench held that goodwill in trademarks cannot survive long after business cessation, overturning the earlier finding that Ideal Jawa owned the 'Yezdi' marks. Rights were restored to Classic Legends.

COPYRIGHT ACT, 1957

Delhi High Court Cancels Copyright For Edible Oil Label Bearing 'Swastik', Says It Copies Rajani Products' Artwork

Case Title: Rajani Products v. Madhukar Varandani & Anr.

Case No.: C.O.(COMM-IPD-CR) 16/2024

The Court cancelled a copyright registration for an edible oil label featuring a “Swastik” device, holding it substantially reproduced Rajani Products' earlier artistic work in layout, colouring and device placement.

Delhi High Court Rejects Philips' Plea For Perjury Action Against Ex-Employee In Software Piracy Case

Case Title: Koninklijke Philips N.V. & Ors. v. Karma Mindtech & Ors.

Case No.: CS(COMM) 914/2023

The Court held that inconsistencies or denials in an affidavit do not constitute perjury without unimpeachable evidence of deliberate falsehood. It refused Philips' request for criminal proceedings.

Ilaiyaraaja Moves Madras High Court Against 'Unauthorised' Use Of His Songs In Dude Movie, Court Reserves Order On Interim Plea

Case Title: Dr. Ilaiyaraaja v. Mythri Movie Makers

Case No.: OA 1103 of 2025; C.S. (Comm Div) 299/2025

The Court had reserved orders on interim injunction application, noting arguments on remixed songs and alleged unauthorised use. Ilaiyaraaja has approached the court seeking a permanent injunction restraining the producers of Dude movie from using his copyrighted works and mandatory injunction asking them to remove such infringing content from the movie.

Madras High Court Temporarily Restrains Makers Of "Dude" Movie From Using Songs Of Ilaiyaraaja

Case Title: Dr. Ilaiyaraaja v. Mythri Movie Makers

Citation: 2025 LiveLaw (Mad) 449

The Court granted an interim injunction restraining unauthorised use of Ilaiyaraaja's songs in the film “Dude,” pending disposal of the suit.

PERSONALITY RIGHTS

Shilpa Shetty Moves Bombay High Court For Protection Of Her Personality Rights

The actor sought protection against unauthorised commercial exploitation of her AI-generated voice, deepfakes and likeness by various platforms.

Delhi High Court Protects Personality Rights Of Actor Ajay Devgn, Orders Take Down Of Obscene Content

Case Title: AJAY alias VISHAL VEERU DEVGAN v. THE ARTISTS PLANET & ORS

The Court restrained misuse of Ajay Devgn's images, likeness and AI-generated content including deepfakes and directed takedown of obscene material.

Madras High Court Refuses To Restrain Celebrity Stylist Joy Crizilda From Naming Madhampatty Rangaraj's Company In Social Media Posts

Case Title: Madhampatty Thangavelu Hospitality Private Limited v. Joy Crizildaa

Case No.: OA 904 of 2025

The Court declined to restrain Joy Crizildaa from tagging the catering company in her posts, noting she had not made statements about the company's business or commercial activities.

DISTRICT COURT REPORTS

COPYRIGHT ACT, 1957

Delhi Court Closes ANI's Copyright Infringement Suit Against YouTuber Thugesh After Settlement

The Court decreed the suit based on a settlement and directed refund of court fees. ANI had alleged unauthorised use of its videos on YouTube.

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