Bulletin 32 | Dec 2025
Snapshots
DELHI HIGH COURT
The Division Bench of the Court upheld the decision of the Commercial Court and dismissed Quantum Hi-Tech’s appeal, noting that it had suppressed material facts, i.e., non-disclosure of the fact that a word-mark registration was granted based on a device-mark application. Quantum was denied equitable relief even though it was observed that had it taken steps to rectify the discrepancies in registration, a sustainable case for infringement of its mark could have been made out using the dominant-feature test.
SUPREME COURT OF INDIA
The Supreme Court dismissed an appeal filed by borrowers of a NBFC challenging an arbitral award granting an interest of 24% per annum. It was held that a mere dispute regarding the rate of interest does not warrant interference with an arbitral award unless the rate is so excessive or arbitrary as to shock the conscience of the Court.
It was clarified that the ‘public policy’ ground under Section 34(2)(b) of the Arbitration and Conciliation Act is to be construed narrowly and such challenges do not fall within its ambit. The Court reaffirmed that courts are barred from re-appreciating evidence or interfering with factual findings of the arbitrator.
DELHI HIGH COURT
The Court held that referring to other “Chawanprash” products as “Dhoka” in an advertisement amounts to disparagement. It was observed that the intent of the impugned advertisement was to negatively portray competing “Chawanprash” products and to denigrate the entire category as deceptive.
The Court further held that while advertisers are permitted to exaggerate or embellish the virtues and benefits of their own goods or services, they are not entitled to denigrate or disparage the goods of others as a class or category.
DELHI HIGH COURT
The Court dismissed the Plaintiff’s appeal against denial of an interim injunction restraining the Defendant from using “AGN TULIP” for perfumes. Although the Plaintiff claimed prior use of “TULIPS” since 1999 for cotton buds and hygiene products and relied on multiple registrations, the Court held that infringement cannot lie between two registered proprietors and the claim must be tested only on passing off.
Applying settled law, the Court found that the Plaintiff failed to establish goodwill or consumer association of “TULIPS” with perfumes or fragrances prior to the defendants’ 2010 Class 3 registration. Mere overlap of trade channels was insufficient. The claim of “well-known” status was also rejected, and the impugned order was upheld.
DELHI HIGH COURT
The High Court granted an ex-parte ad-interim injunction restraining the Defendants from violating the actor’s personality/publicity rights by exploiting his name, image, voice, and likeness through technology including AI, Deepfakes, and Face Morphing.
The Court held that the Plaintiff’s celebrity status inherently grants him proprietary rights over his persona, entitling him to protection against content that portrays him in a repugnant manner.
Significantly, the Court observed that the IT Intermediary Rules provide an efficacious remedy. It clarified that if a plaintiff approaches the Court without availing the statutory mechanism, they may be held to be not entitled to an ex-parte ad-interim injunction.
Significant Judgments
KARNATAKA HIGH COURT [OSA NO. 2/2023]
BOMAN R. IRANI V. THE OFFICIAL LIQUIDATOR OF IDEAL JAWA
Division Bench allowed appeals challenging a Ld. Single Judge’s order, restoring Classic Legends’ rights to the ‘YEZDI’ trademark.
Ideal Jawa (India) Ltd., wound up in 2001, ceased manufacturing YEZDI motorcycles in 1996. The trademark registrations expired between 2007-2008 without renewal. All company assets were sold in 2003 excluding the trademark, which was not valued as an asset. Boman R. Irani, son of Ideal Jawa’s founder, registered the marks between 2013-2017 and licensed them to Classic Legends in 2018.
The Division Bench held that goodwill “cannot exist in vacuum for several years” and “cannot survive independent of the trade / business”. The Court found that the company abandoned the trademark through 15 years of non-use and the Official Liquidator’s failure to protect it despite having all records. Appeals were allowed and as such, Classic Legends is free to continue using the YEZDI name and logos for its motorcycles.
Madras High Court (2025:MHC:2579)
The Court allowed the appeal and set aside the Patent Office’s rejection of Ab Initio Technology LLC’s patent application relating to graphical representations of data lineage and relationships. The Court held that the Controller had misapplied Section 3(k) by mechanically treating the invention as a “computer programme per se” without examining whether it produced a technical contribution or technical effect. It was observed that:
- The phrase “technical advance over existing knowledge” in Section 2(1)(ja) necessitates an examination of prior art, which is not required for the purpose Section 3(k).
- In the context of patent exclusions under Section 3(k), “the word ‘’technical’ is always used in the sense of practical methods and skills used in the physical and natural sciences” and Computer Related Inventions that are shown to have a technical effect, irrespective of associated novel hardware or impact on the internal working thereof, are not to be excluded provided it solves a technical problem in the physical or applied sciences.
DELHI HIGH COURT
The Delhi High Court granted an ex-parte ad-interim injunction restraining multiple websites engaged in “stream ripping” from infringing Saregama’s copyrighted musical works.
The Court recognized that stream-ripping services unlawfully enable the extraction, downloading and dissemination of copyrighted content from licensed platforms such as YouTube. It was also observed that such services cause grave and irreparable harm to copyright owners, and the disruption of legitimate digital licensing models.
Holding that a prima facie case and balance of convenience lay in favour of Saregama, the Court directed Domain Name Registrars (DNRs) to lock and suspend infringing domains, Internet Service Providers (ISP) to block access to specified URLs, and disclose subscriber information.
Meet the Picklers
Sneha Jain, Snehima Jauhari, Saif Rahman Ansari, Srishti Dhoundiyal, Mehr Sidhu, Abhinav Bhalla, Pushpit Ghosh, Sankalp Arya, Harsshita Pothiraj, Devika Tiwari, Affan Moin and Aditya Singh Thakur.
