Published On: 29/10/2022

Practice Area: Intellectual Property


The year 2022 has been instrumental from the standpoint of Intellectual Property Rights. With numerous landmark developments in the field, the jurisprudence revolving around different aspects of IP rights has significantly evolved. The High Court of Delhi has been particularly vigilant in protecting and enforcing the rights of IP owners, as is evident from its ruling directing Amazon to take down listings of ‘Rooh Afza’ products or directing Telegram to disclose the details of channels/devices used in disseminating infringing content. One of the most interesting trade marks disputes of this quarter was inevitably the amicable settlement between ‘Theos’ and ‘Theobroma’ where Theos agreed to restrict its operation within the National Capital Region, while Theobroma was allowed to expand its outlets across India. This newsletter edition also tracks interesting jurisprudence rendered by various courts in India with respect to trade mark infringement for non-competing businesses, Trade dress imitations amounting to passing off, and the use of map allowed as a part of the trade mark. Other intriguing snippets of this edition includes an unconventional decision by the Japan Intellectual Property Office on the registrability of the 3D shape of the ‘Guitar Hotel’ in Japan.