This Week in IP

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Drafting credit: Tapasya Bhatia, Research Associate

Weekly IPR Update | 5 October 2026 – 11 October 2026

Delhi High Court Restrains Chhabe Nutricos from Using Bottle Shape Similar to Coca-Cola’s Minute Maid Pulpy Orange

The Delhi High Court has barred Chhabee Nutricos Industries LLP from adopting a new bottle design for its “Gulpy Orange” drink because it is prima facie deceptively similar to The Coca-Cola Company’s “Minute Maid Pulpy Orange” bottle. Justice Vikas Mahajan passed the interim order after Coca-Cola alleged that Chhabee had made minor modifications to its bottle to avoid an earlier injunction order, dated January 24, 2025. It restrained the use of the “Gulpy Orange” mark, label, and bottle, along with substantially similar marks, labels, and packaging. Coca-Cola previously filed an application claiming non-compliance with the injunction, but after Chhabee followed instructions regarding its previous product, Coca-Cola decided not to pursue it. After reviewing a comparison of the new bottles, the Court prohibited Chhabee from using the contested bottle shape until the next hearing. 1 Read More

Bombay High Court Records Settlement in Sun Pharma Trademark Infringement Suit

After the parties agreed to cease using seven pharmaceutical product names that were allegedly confusingly similar to Sun Pharma’s registered trademarks “HISTAC” and “OMESEC”. The Bombay High Court dismissed Sun Pharmaceutical Industries Ltd’s trademark infringement and passing-off lawsuit against Nectar Life Care and Kashmik Formulations Private Limited. On October 8, 2026, Justice Madhav J. Jamdar recorded the settlement, which called for the defendants to cease using the names “L-HISTACT-M,” “HISTACT,” “ENECT,” “OMENEC,” “PREDMIK,” “LUMIK,” and “SNIZACT,” as well as other identical or confusingly similar marks and packaging. The cooperation terms further mandate that the defendants drop the pending trademark application for “SNIZACT” and erase all pertinent online listings. A demand draft for ₹1 lakh was given by the defendants to cover Sun Pharma’s expenses. The Court dismissed the pending interim application after accepting the consent terms as undertakings and deciding the suit appropriately. 2 Read More

Delhi High Court Extends ‘THUNDER 15000’ Trademark Injunction to Importer and Distributor

Supar SIP Traders LLP, which imports and sells beer under the mark in Delhi, has been granted an interim injunction by the Delhi High Court prohibiting the use of the “THUNDER 15000” trademark. In a trademark lawsuit brought by Inbrew Beverages Private Limited against Kinjore Brewery Private Limited and another defendant, Judge Tejas Karia impleaded Supar SIP Traders as Defendant No. 3. The Court observed that Supar SIP Traders had signed a contract with Defendant No. 1 acknowledging its function as an importer and distributor. Supar SIP Traders was deemed by the court to be an appropriate and essential party to the proceedings. It extended the temporary injunction earlier obtained against the current defendants to Supar SIP Traders as well, finding a prima facie case and the possibility of irreversible loss to Inbrew. 3 Read More

Delhi High Court Grants Summary Judgement to ANI in YouTube Copyright Case

The Delhi High Court has given a summary judgement to ANI Media Pvt. Ltd. against RSY News, saying that the unauthorised use of its news videos on YouTube amounted to a copyright infringement. Justice Purushaindra Kumar Kaurav concluded that 12 videos produced by RSY News, all or part of 10 original ANI videos, were uploaded on four YouTube channels without its consent. The Court rejected the defence of fair dealing for reporting current events, noting that the copious cut-and-paste of ANI’s content was in lieu of the original works. The court had ordered RSY News to stop reproducing or exploiting ANI’s copyrighted material without obtaining its permission and ordered the deletion of the videos. Google LLC (the operator of YouTube) was ordered to make sure that the 12 given URLs are allowed to remain blocked and not available. 4 Read More

Delhi High Court Dismisses Japan Tobacco’s Plea Against CAMEL Copyright Registration

The Delhi High Court has rejected the petition filed by Japan Tobacco Inc. (JTI) for striking out The Central Warehouse’s copyright registration of the “CAMEL” and “CAMEL COLLECTION” artistic work, which was done over 17 years ago. Justice Tushar Rao Gedela observed that Japan Tobacco had failed to prove that they were the first owner of the original artwork under the Copyright Act, 1957, Section 17. The Court explained that copyright ownership cannot be established based on trademark registrations or prior usage. The Court also determined Japan Tobacco’s documentary evidence and purported admissions in another trademark proceeding were not sufficient to establish the claim. So, the petition seeking to rectify the Copyright Register was rejected. 5 Read More

Delhi High Court Refuses Interim Injunction Over 47 Law Books

Plaintiff’s claim to be the copyright owner of 47 law books was not set up on a prima facie basis before the Delhi High Court, which has denied an interim injunction. Justice Purushaindra Kumar Kaurav noted that the plaintiff’s claim was based on the certificate and two wills dated in 1962, but Sections 17 and 19 of the Copyright Act, 1957, had not been followed in establishing the copyright chain from the original authors. The Court determined that at the interim stage the disputed wills could not fill the gap in the chain of title. It rejected the application on the ground that the plaintiff would be able to indicate the amount of alleged loss of revenues from book sales if he ultimately prevails, and such losses could be awarded in damages. 6 Read More

Delhi High Court Orders Suspension of 126 ‘JIO LOTTERY’ Websites in Reliance Industries’ Trademark Suit

The Delhi High Court has directed the suspension of 126 websites that were allegedly using the trademark “JIO” of the company, Reliance Industries, for lottery and gaming services. On October 7, 2026, Justice Purushaindra Kumar Kaurav issued the ad interim order, noting that the websites were likely to meet the criteria of a rogue website. The Court banned the operator from using “JIO”, “JIO LOTTERY” and “JIO LOTTERY GAME” and ordered domain registrars to suspend the above-mentioned websites till further orders. It has also ordered the Blogger platform to block access to a purportedly infringing website. The Court, relying on its prior decision in UTV Software Communication Ltd., set the date for an injunction application to November 30, 2026. 7 Read More

Delhi High Court Allows Real-Time Blocking of Sports Piracy Websites for FanCode

The Delhi High Court has deemed FanCode operator Sporta Technologies Pvt. Ltd. to be given blanket permission to directly reach out to domain registrars, hosting providers and ISPs to inform them about new sports piracy websites without fresh applications. The court has instructed the internet service providers to block website access within 24 hours of notification and the domain registrars and hosting companies to place a temporary lock on the identified domains. The Court reiterated that rapid action was essential to safeguard the live sporting events and that it was not for the intermediaries to make the decision as to whether a website was a “rogue website”. 8 Read More

Delhi High Court Grants Interim Injunction to SHRM Against ‘SHRM PRO’ Mark

The Delhi High Court has issued an interim injunction against Sphinx WorldBiz Ltd. and its associate company to stop using the “SHRM PRO” trademark, as the court has found that there is a prima facie likelihood of confusion with the Society for Human Resource Management’s (SHRM) registered marks. Justice Vikas Mahajan pointed out that “the defendants have used the mark over their website, social media and their mobile application, which can lead to a misimpression of association with SHRM”. The Court further ordered that the defendants’ website and mobile apps be blocked or denied access to by GoDaddy, Apple and Google until the next hearing date. 9 Read More

Delhi High Court Protects Vijay Deverakonda’s Personality Rights Against AI Deepfakes

The Delhi High Court has issued an ex parte interim injunction to the Telugu actor Vijay Sai Deverakonda, who alleges he has been used without his consent in pornographic videos and audio clips. The Delhi High Court has issued an interim injunction ex parte to Telugu actor Vijay Sai Deverakonda in his case against the unlawful use of his name, image, voice, and other personality attributes, including through AI-generated content and deepfakes. Justice Vikas Mahajan has directed the removal of 94 listed links, the blocking of domains, and the takedown of infringing content. The Court also blocked the unauthorised use of the actor’s name for “misleading, commercial or offensive content”. The Court also noted that the nickname “Rowdy” might not be protected with regard to an interim passing-off injunction, but that it could infringe his personality rights when combined with AI-generated or morphed images of the actor. 10 Read More

Madras High Court Makes ‘ANNAPURNA’ Trademark Injunction Absolute Against Packaged Snacks Maker

In a trademark infringement suit filed by GEF Foods India Pvt. Ltd. against Annapurna Swadisht Limited, the Madras High Court issued a no-revocation order and granted absolute relief by granting an interim injunction against the defendant from using the mark “ANNAPURNA” for its packaged snacks, namkeens and allied products. Justice A.D. Maria Clete agreed that the marks might be confusing under Section 29(2) of the Trade Marks Act, 1999, because they are phonetically similar. The Court noted that the term “SWADISHT”, which means “tasty”, was descriptive and not enough to distinguish the source of the goods. While the Court noted inaccuracies in the Plaintiff’s pleadings about when it was made aware of the competing mark, the Court rejected the Plaintiff’s motion to vacate the injunction, noting that the Plaintiff’s inaccuracies did not oust his prima facie rights. However, the restraint was limited to the goods and allied goods for which there was a likelihood of confusion. 11Read More

Delhi High Court Remands ‘COBBLE STONE’ Trademark Application for Fresh Consideration

The Registrar of Trade Marks has refused to register the name of “COBBLE STONE” in Class 19, which has been set aside by the Delhi High Court and the matter remanded for fresh consideration. The applicant applied for the registration and submitted its evidence of use from 2011 and the date of its claim for honest concurrent use under Section 12 to the Registrar, but he did not consider this evidence in the refusal dated 6 August 2025. The Court allowed the appeal and remanded the application for reconsideration by the Registrar afresh and within 60 days. 12Read More

Delhi High Court Protects Kangana Ranaut’s Personality Rights Against AI Deepfakes

The Delhi High Court has issued an interim order to Meta to take down AI-generated deepfake sexual images, morphed pictures, and fabricated statements of actor and MP Kangana Ranaut within 72 hours, protecting her personality rights. Justice Vikas Mahajan denied permission to use her name, image, voice, likeness, or other attributes. The Court also ordered the government’s Ministry of Electronics and Information Technology and the Department of Telecommunications to prohibit access to the sites listed within 72 hours by internet service providers. 13 Read More

International Update

US Court Dismisses Copyright Suit Against Disney and James Cameron Over ‘Avatar’ Sequels

A U.S. federal court dismissed an animator’s copyright lawsuit over the alleged plagiarism of his science-fiction tale, KRZ, by Disney and director James Cameron in the sequel series, Avatar 2 and 3. In spite of the films sharing common features, Judge Wu decided that KRZ and the films are not substantially similar enough to support the claim of infringement. In 2014, Ryder previously lost a lawsuit related to the original Avatar movie. 14

TradeSun Sues OpenAI Over ‘Astra’ Trademark

TradeSun has sued OpenAI in a US federal court, stating that the company is infringing on its ‘Astra’ trademark rights by using the same name for a new AI model, which TradeSun says it has been using since 2021. TradeSun says that the name could lead customers to assume two separate companies are in competition and demands financial compensation and an injunction against OpenAI’s use of the name. OpenAI has dismissed the lawsuit as frivolous. 15

Netlist and Micron Settle Patent Dispute for $600 Million

Netlist’s patent case against Micron has been settled for $600 million. As part of the deal, Micron will pay $30 million per quarter for five years to license Netlist’s patent portfolio, which encompasses its high-bandwidth memory technology. The settlement comes after a $445 million patent infringement verdict against Micron in 2024 and comes as part of a separate claim by Netlist for an import ban on some Micron chips for use in AI computing. 16

German Supreme Court Sets 50% Threshold for Acquired Distinctiveness of Colour Trademarks

The Supreme Court of Germany has now ruled against the protection of the colour of OBI’s trademark for home improvement retail services, finding that the colour was not inherently distinctive and the evidence was not sufficient to establish acquired distinctiveness. The Court pointed out that “colours as such are not generally viewed as signs of commercial origin by consumers.” If applicable to the specific case, it said, consumer surveys should indicate a minimum of 50% recognition of a colour as a means of identifying a particular business. The OBI 2012 survey recorded just 45.6% association with the company and was found to be plagued by methodological weaknesses. OBI commissioned another survey in 2020 that found 49.6% association, and, for contrast, another survey in 2021 reported 30% association. The Court determined that the differing findings of acquired distinctiveness are sufficiently suggestive. It also determined that OBI’s sales, market position and advertising evidence were inadequate; specifically, the orange colour was used often in conjunction with the OBI name and was also used by competitors. 17

  1. The Coca-Cola Company v. M/s Chhabee Nutricos Industries LLP, CS(COMM) 32/2025, I.A. 16237/2026, Order dated 6 October 2026, Delhi High Court. ↩︎
  2. Sun Pharmaceutical Industries Ltd. v. Nectar Life Care & Anr., Commercial IP Suit (L) No. 28038/2025, I.A. (L) 28417/2025, Order dated 8 October 2026, Bombay High Court. ↩︎
  3. Inbrew Beverages Private Limited v. Kinjore Brewery Private Limited & Anr., CS(COMM) 491/2026, I.A. 13811/2026, I.A. 13812/2026, I.A. 25871/2026, Order dated 7 October 2026, Delhi High Court. ↩︎
  4. ANI Media Pvt. Ltd. v. RSY News & Anr., CS(COMM) 1018/2024, I.A. 45137/2024, I.A. 8733/2026, 2026:DHC:8749, Order dated 29 September 2026, Delhi High Court. ↩︎
  5. Riya Rathore, “Delhi High Court Refuses Japan Tobacco’s Plea To Remove ‘CAMEL COLLECTION’ Copyright Registration,” LiveLaw Biz (October 6, 2026). https://www.livelawbiz.com/copyright/delhi-high-court-refuses-japan-tobacco-plea-to-remove-camel-collection-copyright-registration-553399 ↩︎
  6. Bhumika Indulia, “Copyright Claim Over 47 Law Books Fails Prima Facie Test; Delhi HC Declines Interim Injunction,” The Bar Bulletin (October 8, 2026) https://thebarbulletin.com/delhi-hc-declines-interim-injunction-47-law-books-copyright/ ↩︎
  7. Riya Rathore, “Delhi High Court Orders Suspension Of Over 120 ‘JIO LOTTERY’ Websites In Reliance Industries’ Trademark Suit,” LiveLaw Biz (October 9, 2026) https://www.livelawbiz.com/trademark/delhi-high-court-orders-suspension-of-over-120-jio-lottery-websites-in-reliance-industries-trademark-suit-553832 ↩︎
  8. Riya Rathore, “Delhi High Court Allows Real-Time Blocking Of New F1 Italian Grand Prix Piracy Websites Sought By FanCode,” LiveLaw Biz (October 9, 2026) https://www.livelawbiz.com/copyright/delhi-high-court-allows-real-time-blocking-of-new-f1-italian-grand-prix-piracy-websites-sought-by-fancode-553930 ↩︎
  9. Society for Human Resource Management v. Sphinx Worldbiz Ltd. & Ors., CS(COMM) 1073/2026, I.A. 27195/2026, I.A. 27196/2026, I.A. 27197/2026, I.A. 27198/2026, Order dated 30 September 2026, Delhi High Court. ↩︎
  10. Riya Rathore, “Delhi High Court Protects Actor Vijay Deverakonda’s Personality Rights Against AI Deepfakes,” LiveLaw Biz (October 10, 2026) https://www.livelawbiz.com/personality-rights/delhi-high-court-restrains-misuse-of-actor-vijay-deverakonda-personality-rights-orders-takedown-554052 ↩︎
  11. Bhumika Indulia, “Phonetic Identity Between ‘ANNAPOORNA’ & ‘ANNAPURNA’ Sustains Infringement For Snacks; Madras HC Makes Absolute Injunction Against Defendant Despite Rs.400 Cr Turnover,” The Bar Bulletin (October 12, 2026) https://thebarbulletin.com/madras-hc-annapoorna-trademark-infringement-injunction/ ↩︎
  12. Riya Rathore, “Delhi High Court Sets Aside Refusal To Register ‘COBBLE STONE’ Trademark,” LiveLaw Biz (October 12, 2026) https://www.livelawbiz.com/trademark/delhi-high-court-sends-cobble-stone-trademark-refusal-back-to-registrar-orders-fresh-decision-within-60-days-554317 ↩︎
  13. Riya Rathore, “Delhi High Court Protects Actor-BJP MP Kangana Ranaut’s Personality Rights, Orders Meta To Remove AI Deepfakes,” LiveLaw Biz (October 11, 2026) https://www.livelawbiz.com/personality-rights/delhi-high-court-protects-actor-bjp-mp-kangana-ranauts-personality-rights-orders-meta-to-remove-ai-deepfakes-554208 ↩︎
  14. Blake Brittain, “Disney, James Cameron fend off copyright lawsuit over ‘Avatar’,” Reuters (October 5, 2026) https://www.reuters.com/legal/legalindustry/disney-james-cameron-fend-off-copyright-lawsuit-over-avatar-2026-10-05/ ↩︎
  15. Blake Brittain, “OpenAI sued for trademark infringement over ‘Astra’ AI model,” Reuters (October 5, 2026) https://www.reuters.com/legal/legalindustry/openai-sued-trademark-infringement-over-astra-ai-model-2026-10-05/ ↩︎
  16. Blake Brittain, “Micron enters $600 million settlement of Netlist patent dispute,” Reuters (October 6, 2026) https://www.reuters.com/legal/litigation/micron-enters-600-million-settlement-netlist-patent-dispute-2026-10-06/ ↩︎
  17. Marcel Pemsel, “Colour me orange: German Supreme Court sets high bar for acquired distinctiveness of abstract colour marks,” The IPKat (October 8, 2026) https://ipkitten.blogspot.com/2026/10/colour-me-orange-german-supreme-court.html ↩︎

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