ASWAL ASSOCIATES- Intellectual Property Law firm India

Summary The Delhi High Court Division Bench delivered a significant judgment reinforcing the foundational principle that prior user rights in trademarks override both subsequent registration and well-known mark status. The Court restrained Kent RO Systems—despite its well-known KENT mark for water purifiers and home appliances—from manufacturing and selling fans under the KENT mark, holding that Kent Cables' prior use of KENT for electrical goods including fans since 2006, coupled with Kent RO's acquiescence and delay, established superior rights. This decision provides critical clarity on the interplay between prior use, passing off, acquiescence, and the allied goods doctrine in multi-category trademark disputes. Introduction On  March 11, 2026 , the  Delhi High Court Division Bench  delivered a landmark judgment in  Kent RO Systems Ltd. v. Kent Cables Pvt. Ltd. , addressing fundamental questions about the hierarchical relationship between  prior user rights, ...

Summary The Calcutta High Court delivered a landmark judgment holding that Graphical User Interfaces (GUIs) qualify as registrable 'designs' under the Designs Act, 2000, rejecting the Controller's narrow interpretation that GUIs lack permanence, physical embodiment, and industrial process application. The Court adopted an updating construction approach, recognizing that statutory provisions must be interpreted in light of technological advancements, and held that digital designs visible during device use satisfy all statutory requirements. This decision aligns India with international best practices and clarifies that permanence and physical embodiment are not mandatory for design registration. Introduction In a watershed moment for digital design protection in India, the  Calcutta High Court  delivered a comprehensive judgment in  NEC Corporation & Ors. vs Controller of Patents and Designs (2026:CHC-OS:69) , definitively holding that  Graphical User Interfaces (...