Intellepedia | Page 2 of 308

If You List It, They Might Sue: Trademark Infringement, Place of Business, and Online Access

In the case of Kohinoor Seed Fields India Pvt Ltd vs Veda Seed Sciences Pvt Ltd, the Delhi High Court Division Bench provided a structured analysis of what constitutes territorial jurisdiction in trademark infringement actions after examining the plaintiff’s principal office, online listings, and the role of marketing agreements.

BLUE JAYS vs BLUE-JAY: Delhi HC on Bad Faith and Trans-Border Goodwill

Blue jay birds with apparel and baseball equipment

In Mr. Sumit Vijay & Anr. v. Major League Baseball Properties Inc. & Anr., the Delhi High Court clarified that global fame alone does not establish trademark rights in India. The ruling in BLUE JAYS vs BLUE-JAY underscores the need to prove use and goodwill within India to succeed in cancellation and passing off claims.

“Little Hearts”, Big Infringement: Delhi HC Injunction

Banner with the text “Little Hearts”, Big Infringement: Delhi High Court’s Ad-Interim Injunction Explained beside a coffee mug and scattered red heart-shaped biscuits.

An ad interim injunction was granted by the Delhi High Court in a dispute concerning the “Little Hearts” mark, 3D biscuit shape, trade dress and product images. Amazon was directed to delist the infringing listings pending further orders.

Safeguarding Digital Identity in the age of Deepfakes: An analytical study of AI regulation in India with special reference to Personality Rights jurisprudence

A modern workspace scene showing a computer monitor displaying a digitally reconstructed human face with labels like “Deepfake Technology” and “Personality Rights,” alongside legal icons. On the desk are a gavel, legal documents titled “AI Regulation in India,” coffee cups, and stationery, symbolizing the legal regulation of deepfakes and protection of digital identity.

How India’s courts and policymakers are grappling with deepfakes, celebrity personality rights, and the urgent need for a modern legal framework to regulate GenAI misuse.

Inventive Step Misjudged? Delhi HC Revives Trident’s Patent Application

Composite image showing a close-up of breathable maroon fabric, a cartoon panel of judges giving thumbs up, and colorful yarn balls representing air-rich yarn innovation in a legal patent context

Delhi HC revives Trident’s patent application, citing flaws in the inventive step analysis of its air-rich yarn invention.

Are Employment Agreements sufficient for establishing Proof Of Right?

Close-up of an employment agreement document on a clipboard with a pen placed on top, surrounded by office supplies on a textured surface.

Delhi High Court rules employment agreements valid as proof of right under Section 7(2), aiding patent filings involving deceased inventors.

Unauthorized Commercial Use of Persona of Andhra Pradesh Deputy CM Pawan Kalyan: Delhi HC Intervenes

In the background of merchandise such as t-shirts, mugs, an overlay text stating 'Unauthorized Commercial Use of Persona of Andhra Pradesh Deputy CM Pawan Kalyan: Delhi HC Intervenes'

The Delhi High Court intervened to protect actor and Andhra Pradesh Deputy CM Pawan Kalyan’s personality and publicity rights from unauthorized commercial use, including AI-generated impersonations. The Court granted interim injunctions, emphasizing the enforceability of celebrity rights under Indian law.

From Fine Dining to Trademark Fighting: The Dakshin Breakup Story

In the case of ITC Limited & Anr. vs Adyar Gate Hotels Limited, the court declined to restrain a former collaborator from using the restaurant brand ‘DAKSHIN’. Despite ITC’s registrations, the court held that past agreements, shared use, and acquiescence over decades created factual disputes that must be resolved at trial.

You Can’t Park Patent Rights in the E-Ricksha Registration Lane

In the case of M/s Sunhok Wheels Pvt. Ltd. & Ors. vs The State of West Bengal & Ors., the Calcutta High Court addressed whether claims of patent rights can prevent registration of e-rickshaws. The court ruled that vehicle registration authorities must act according to statutory rules, and pending patent claims do not automatically restrain registration.

Gen AI, Copyrights, and Hybrid Licensing in India Why the Assumptions May Not Sustain the Model

The DPIIT committee’s proposal for a hybrid licensing model for AI training rests on a set of assumptions about creativity, copyright ownership, collective management, and regulatory control. A closer examination of these assumptions raises important questions about whether the model can deliver the balance it seeks to achieve. In particular, the model appears to strengthen the position of copyright owning entities while offering limited benefits to authors and creators, introduces administrative complexity in a rapidly evolving technological space, and relies heavily on institutional structures that have historically faced governance and efficiency challenges in India. Against this backdrop, the article explores whether India would be better served by an open and carefully calibrated AI training exception, supported by a statutory right that directly recognises and strengthens authors and creators, rather than by an expansive licensing regime built on contested assumptions.