This Week in IP

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Drafting credit: Divya Telang, Research Associate

Weekly IPR Update | 15 June 2026 – 21 June 2026

Trademark Disparagement: Delhi HC Ordered Takedown of Defamatory Social Media Campaign Against Microtek

Delhi High Court granted an interim injunction that restrained multiple authorized dealers, distributors, and branch personnel of Okaya from circulating disparaging and defamatory advertisements against the registered trademarks of Microtek International Private Limited.1 Justice Neena Bansal Krishna ordered the defendants to remove the offending content from WhatsApp and Facebook within 24 hours. Microtek alleged that the competitive dealers misused a prior court order from an entirely unrelated design litigation involving different parties to launch a false campaign that incorrectly portrayed its batteries as inferior. While counsel for several defendants denied direct involvement and stated that employees who shared the updates received reprimands, they ultimately undertook before the court not to publish misleading marketing materials in the future.2 Read more here.

Three Traditional Himachali Products Secured GI Status

Three traditional products from Himachal Pradesh: the “Himachal Ransingha” (a traditional metal wind instrument), the “Himachal Wood Carving Craft”, and the “Himachal Handmade Galecha” (carpet), officially secured Geographical Indication (“GI”) registration, bringing the state’s total tally of protected regional assets to 15. The National Bank for Agriculture and Rural Development facilitated the registration process in collaboration with local artisan collectives and producer groups to shield centuries-old indigenous craftsmanship from the commercial threats of machine-made replicas and unauthorized imitations. The granting of these prestigious GI tags established exclusive legal recognition and definitive commercial provenance for authentic Himachali goods across both domestic and international markets. This regulatory integration into the global intellectual property map provides rural enterprises and local weaving communities with enhanced pricing power, safeguarded vulnerable traditional knowledge systems, and built a protective institutional framework for regional brand value and long-term economic growth.3

Due Process: Delhi HC Overturns ‘BIG INDIA’ Trademark Refusal Over Unreasoned Order

The Delhi High Court quashed a Trade Marks Registry order that refused the registration of the word mark “BIG INDIA”, ruling that the administrative body failed to evaluate the applicant’s core arguments and issued an unreasoned decision.4 The judge remanded the matter back to the Senior Examiner of Trade Marks for a fresh review, noting that passing a summary rejection without addressing an applicant’s arguments violates the principles of natural justice and defeats the purpose of a regulatory hearing. The applicant, sought registration for the mark under Class 05 for pharmaceuticals and medical preparations. The Senior Examiner subsequently rejected the application on the grounds that the words “BIG” and “INDIA” were generic, common, and non-distinctive geographical terms that could not be monopolized. On appeal, the High Court observed that the Registry completely ignored the firm’s critical submissions. Specifically, the Examiner failed to consider the firm’s arguments that the mark must be evaluated as a whole rather than dissected, that the combination was completely arbitrary in relation to Class 05 medicinal goods, and that the firm already held valid registrations for “BIG INDIA” in alternative classes with an explicit disclaimer on the word “INDIA”.5 Read more here.

Brazil Gains Access to India’s Traditional Knowledge Digital Library

India’s Council of Scientific and Industrial Research and Brazil’s National Institute of Industrial Property executed a cooperation agreement that granted the Brazilian Patent Office direct access to the Traditional Knowledge Digital Library (“TKDL”). The entities exchanged the accord to enhance bilateral intellectual property safeguards and mitigate the risk of biopiracy or the erroneous patenting of indigenous Indian knowledge as proprietary tech assets. With this administrative integration, Brazil became the eighteenth international patent jurisdiction to formally incorporate the TKDL database into its sovereign patent examination and grant procedures. The specialized digital repository converts historical knowledge systems into structured, modern scientific terminology across five international languages, serving as an authoritative defensive prior-art mechanism for patent offices worldwide. Prior to this expansion, defensive evidence sourced from the TKDL drove the revocation, rejection, withdrawal, or abandonment of more than 375 non-original patent applications globally, and this deployment further insulated traditional wellness and botanical innovations within South American commercial markets.6

Bombay HC Blocked Patent Office from Introducing New Objections Post-Remand

The Bombay High Court ruled that the Patent Office cannot introduce entirely new prior art references or fresh grounds of objection beyond the specific scope of a remand order.7 Justice Arif S. Doctor passed the ruling in an application filed by U.S.-based Qualyst Transporter Solutions LLC, whose decade-old patent application faced six new prior art documents and additional objections in a January 2026 hearing notice following an October 2025 court remand. The court held that a direction to consider a matter “afresh” required a fresh hearing to give the applicant an opportunity to address existing objections, rather than restarting the examination process entirely or reopening the record. The court clarified that while the Controller maintained the authority to elaborate upon or clarify objections already emerging from the existing record, the jurisdiction on remand remained strictly confined to curing the identified procedural defects. Ultimately, the court directed the Patent Office to complete the hearing and pass a fresh order within eight weeks, while granting a four-week stay on the operation of the judgment at the request of the Patent Office.8 Read more here.

Bombay HC Defers KEI Trademark Case, holds well-known marks can be subjected to Rectification Proceedings

The Bombay High Court ruled that the official list of well-known trademarks is not immune to rectification proceedings under Sections 57 and 125 of the Trade Marks Act, rejecting the notion that its separate maintenance from the Register of Trade Marks insulates it from judicial scrutiny.9 Justice Arif S. Doctor clarified that under Section 11(8) of the Act, a well-known declaration endows a mark with all the statutory trappings and consequences of a standard trademark registration. Furthermore, the court dismissed the Registrar’s argument that an administrative appeal was a preferred alternative remedy, noting that because well-known status is granted via publication rather than a reasoned adjudicatory order, the appellate route is frequently illusory. Despite establishing that such rectification petitions are legally maintainable, the High Court ultimately declined to entertain the dispute by invoking the doctrine of “forum conveniens”. The litigation involved an application to delist the “KEI” marks, which were already the subject of an active 2021 infringement and passing-off suit before the Delhi High Court. Pointing out that both parties conduct business in Delhi, the marks were originally registered there, and the Registry’s well-known trademarks section had relocated to New Delhi, the court emphasized preventing parallel proceedings that could yield conflicting judicial decisions. Consequently, the petition was disposed.10 Read more here.

PPL India Registered as Official Copyright Society

The Indian government has officially registered Phonographic Performance Limited (“PPL”) as an authorized copyright society, resolving a long-standing legal grey area over music licensing fees. Previously, many commercial establishments like hotels, restaurants, and malls avoided paying royalties by arguing that PPL lacked formal statutory backing. This landmark registration clears up any confusion, protecting creator revenue by legally requiring businesses to secure proper licenses for playing background music publicly. With this official status, PPL holds clear authority to manage public performance and broadcast rights for a massive catalogue representing around 500 domestic and international music labels, including industry giants like T-Series, Sony Music, and Universal Music.11

Delhi HC Restrains Flipkart ‘Latching On’ feature Abuse

The Delhi High Court granted an interim injunction against several third-party sellers for misusing Flipkart’s “Latching On” feature to sell counterfeit garments under the “SHAPERMEN” brand.12 The Court ruled that the sellers’ conduct was prima facie calculated to ride upon the brand’s established goodwill, creating a real likelihood of confusion for average consumers. The “Latching On” tool allows alternative vendors to attach themselves to an existing listing, automatically adopting its original product descriptions, images, and brand identifiers. However, test purchases conducted in May 2026 revealed that the heavily discounted items delivered via these hijacked listings completely lacked genuine SHAPERMEN labels, tags, or branding. Consequently, the court restrained the rogue sellers from manufacturing, marketing, or distributing any products under the “SHAPERMEN” or “SHAPER MEN” trademarks, and barred them from using the plaintiffs’ copyrighted promotional photography. Flipkart was ordered to immediately delist the infringing listings. Furthermore, the platform has to suspend or disable access to any future unauthorized “latching on” links within 72 hours of receiving a notification from the brand owners, and disclose the operational details of the offending sellers within 7 days.13 Read more here.

Bombay High Court Rules Trademark Evidence Deadlines Are Directory, Not Mandatory

The Bombay High Court, held that the two-month deadline for filing an evidence affidavit in trademark opposition and rectification proceedings under Rule 45 of the Trade Marks Rules, 2017, is directory rather than mandatory.14 In dismissing a petition against a Registrar’s order that accepted an evidence affidavit delayed by over three years, the Court emphasized that procedural provisions in subordinate legislation must serve as a servant of justice and cannot act as a tyrant to extinguish substantive statutory rights under Sections 21 and 57 of the Trade Marks Act. The court observed that interpreting Rule 45 as an inflexible mandatory limitation period is illogical given that subsequent provisions, specifically Rules 47 and 48, grant the Registrar explicit discretion to allow additional evidence to be led at later stages. Furthermore, the Court clarified that failure to meet this timeline does not result in the automatic abandonment of the underlying opposition or registration proceedings, and affirmed that Section 131 of the Act empowers the Registrar to extend deadlines even after the original period has expired.15 Read more here.

International Update

Appeals Court Reboots Valve’s Patent Defence After Flawed Trial Review

The U.S. Court of Appeals cleared the way for Valve Corporation to revive two crucial patent defences in its legal battle against Ironburg Inventions, overturning a lower court’s restriction. Previously, the gaming company was blocked from using these arguments under rules that prevent defendants from bringing up evidence they supposedly should have uncovered during earlier reviews. However, the appeals court ruled that the initial decision relied on flawed logic, pointing out that simply because data is publicly accessible does not mean an investigator can realistically pull it out of a massive sea of information. Additionally, the court criticized the lower tribunal for using unfair hindsight—assuming the evidence was easy to locate just because everyone knew what to look for after the fact—and has ordered the district court to reconsider the arguments properly.16

Bipartisan Anti-Deepfake Legislation Advances to Senate Floor with Unanimous Committee Approval

The U.S. Senate Judiciary Committee unanimously voted to advance the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 (NO FAKES Act) to the full Senate floor to establish a federal intellectual property right protecting an individual’s voice and visual likeness from unauthorized digital clones. This proposed legislation gives individuals exclusive control over their digital replicas—a right that cannot be assigned away during their lifetime and extends 70 years post-mortem—while balancing platform liability through a “No Duty to Monitor” clause that shields online services from proactive policing as long as they swiftly execute takedowns upon notification. The bill, which incorporates a counter-notification mechanism alongside targeted exemptions for libraries and research institutions, enjoys broad support from creative, tech, and labour sectors. Consumer data shows 92% of the public is actively concerned about the societal impacts of unvetted AI deepfakes.17

Federal Jury Strikes Down UGG Silhouette Patent

California federal jury has invalidated a design patent held by Deckers Outdoor Corp., the manufacturer of UGG boots, effectively dismissing its lawsuit against budget retailer Quince. Deckers had accused Quince of intellectual property infringement for selling low-cost ‘dupes’ that closely mirrored the silhouette of its highly popular UGG Classic Ultra Mini boot. While the jury noted that Quince’s version would have infringed on the design if the patent were legitimate, it ultimately struck down the patent’s validity altogether. They ruled the patent invalid because the boot’s features were deemed functional, obvious, and generic. This follows a prior pre-trial ruling where a federal judge threw out Deckers’ accompanying trademark claims, declaring the basic UGG boot design too generic for trademark protection.18

Spanish Authorities Dismantle Major World Cup Counterfeit Ring with Seizure of 66,000 Fake Jerseys

Ahead of the FIFA World Cup 2026, an international law enforcement initiative dubbed ‘Operation CLEANTRADE’ seized more than 66,000 counterfeit football jerseys and kits weighing over 16 tonnes. Coordinated by the Spanish National Police with heavy backing from the EUIPO, Europol, Interpol, and OLAF, the operation involved simultaneous raids across more than 15 locations—including industrial warehouses, storage spaces, market stalls, and parcel delivery hubs—spanning major Spanish cities such as Madrid, Barcelona, Málaga, Elche, and Dénia. The dismantled supply chain was actively preparing to flood illegal street markets, unauthorized e-commerce storefronts, and social media channels with apparel mimicking official national team designs, highlighting a massive financial threat to intellectual property holders as EUIPO data underscores that the European clothing sector loses an estimated €12 billion annually to design counterfeiting.19

Federal Circuit Rejects Narrow Reading of ‘Ramps’ in Fluid-Mixing Patent Dispute

In Medmix Switzerland AG v. Squires, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) reinforced the fundamental rule that a patent’s final claims cannot be restricted by its preferred embodiments or drawings. The litigation centered on U.S. Patent No. 9,010,578, which covered a specialized arrangement for mixing and discharging fluids using a connecting device designed with “at least two ramps”. Seeking to overturn a Patent Trial and Appeal Board (“PTAB”) final written decision that found several of its claims unpatentable as – obvious, Medmix argued that the court should interpret “ramps” strictly as an inclined-plane shape based on the specific illustrations within the specification. The CAFC flatly rejected this restrictive construction, reiterating that importing limitations from the written description into the claims is improper unless the intrinsic record clearly shows that the patentee intended to narrow the term’s plain meaning. Under the broader construction, the court affirmed the PTAB’s obviousness determination, concluding that substantial evidence supported the motivation to combine prior art references to achieve a mechanical advantage, while common issues like potential fluid leakage could be easily resolved through routine engineering modifications.20 Read more here.

  1. Microtek International Private Limited v. Sukhveer Singh & Ors, CS(COMM) 660/2026, I.A. 15999-16001/2026 & I.A. 16003/2026. ↩︎
  2. Riya Rathore, Delhi High Court Restrains Okaya Dealers From Circulating Defamatory Ads Against Microtek Trademarks, Live Law Biz (June 16, 2026), https://www.livelawbiz.com/trademark/delhi-high-court-restrains-okaya-dealers-from-circulating-disparaging-ads-targeting-microtek-brand-537957. ↩︎
  3. Pratibha Chauhan, 3 traditional Himachali products awarded GI status, The Tribune (June 15, 2026), https://www.tribuneindia.com/news/himachal/3-traditional-himachali-products-awarded-gi-status/. ↩︎
  4. Purpos Planet v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 30/2025 & I.As. 15656/2025, 15657/2025. ↩︎
  5. Riya Rathore, Delhi High Court Quashes Refusal of ‘BIG INDIA’ Trademark Registration, Orders Fresh Review, Live Law Biz (June 17, 2026), https://www.livelawbiz.com/trademark/delhi-high-court-sets-aside-refusal-of-big-india-trademark-remands-matter-for-fresh-consideration-538053. ↩︎
  6. PIB, India and Brazil Sign TKDL Access Agreement to Strengthen Protection of Traditional Knowledge and Patent Examination Cooperation, (Feb. 23, 2026), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2231732&reg=3&lang=1. ↩︎
  7. Qualyst Transporter Solutions LLC v. The Assistant Controller of Patents & Designs, I.A. 1778/2026 in COM. MISC. PETITION NO. 61/2025. ↩︎
  8. Riya Rathore, Patent Office Cannot Raise New Objections Beyond Scope Of Remand: Bombay High Court, Live Law Biz (June 17, 2026), https://www.livelawbiz.com/patent/patent-office-cannot-raise-new-objections-beyond-scope-of-remand-bombay-high-court-538060. ↩︎
  9. Raman Kwatra v. Registrar of Trade Marks & Anr., I.A. (L) NO. 23211/2025 In COM MIS PETITION (L) NO. 36812/2024. ↩︎
  10. Riya Rathore, Well-Known Trademark List Not Immune From Rectification Proceedings: Bombay High Court, Live Law Biz (June 18, 2026), https://www.livelawbiz.com/trademark/well-known-trademark-list-not-immune-from-rectification-proceedings-bombay-high-court-538192. ↩︎
  11. PTI, PPL India gets statutory backing for licensing sound recording rights, The Economic Times (June 20, 2026), https://m.economictimes.com/industry/media/entertainment/ppl-india-gets-statutory-backing-for-licensing-sound-recording-rights/amp_articleshow/131873390.cms. ↩︎
  12. Piyush Sapra & Anr. v. Flipkart Internet Private Limited & Ors., CS(COMM) 643/2026. ↩︎
  13. Riya Rathore, Delhi High Court Restrains Sellers For Misusing Flipkart’s ‘Latching On’ Feature In SHAPERMEN Trademark Dispute, India Law Biz (June 20, 2026), https://www.livelawbiz.com/trademark/delhi-high-court-restrains-sellers-for-misusing-flipkarts-latching-on-feature-in-shapermen-trademark-dispute-538463. ↩︎
  14. Black Diamond Motors Pvt. Ltd. v. Registrar of Trade Marks & Anr., Comm. M.P. No. 23/2026 with I.A. No. 2089/2026. ↩︎
  15. Riya Rathore, Deadline For Filing Evidence In Support Of Trademark Opposition Is Directory, Not Mandatory: Bombay High Court, Live Law Biz (June 18, 2026), https://www.livelawbiz.com/trademark/deadline-for-filing-evidence-in-support-of-trademark-opposition-is-directory-not-mandatory-bombay-high-court-538227. ↩︎
  16. Rose Esfandiari, Federal Circuit Reverses IPR Estoppel Ruling Against Valve, Finds Insufficient Search Evidence and Hindsight Bias, IP Watchdog (June 18, 2026), https://ipwatchdog.com/2026/06/18/federal-circuit-reverses-ipr-estoppel-ruling-against-valve-finds-insufficient-search-evidence-and-hindsight-bias/. ↩︎
  17. Eileen McDermott, Senate Judiciary Moves NO FAKES Act One Step Closer to Passage, IP Watchdog (June 18, 2026), https://ipwatchdog.com/2026/06/18/senate-judiciary-moves-no-fakes-act-one-step-closer-to-passage/. ↩︎
  18. Blake Brittain, UGG boot maker loses US patent trial over Quince ‘dupes’, Reuters (June 16, 2026), https://www.reuters.com/legal/litigation/ugg-boot-maker-loses-us-patent-trial-over-quince-dupes-2026-06-15/. ↩︎
  19. EUIPO, More than 66 000 fake football jerseys seized ahead of FIFA World Cup 2026, (June 18, 2026), https://www.euipo.europa.eu/en/news/more-than-66-000-fake-football-jerseys-seized-ahead-of-fifa-world-cup-2026. ↩︎
  20. Rose Esfandiari, CAFC Affirms PTAB Obviousness Ruling for Fluid-Mixing Patent, IP Watchdog (June 15, 2026), https://ipwatchdog.com/2026/06/15/cafc-affirms-ptab-obviousness-ruling-for-fluid-mixing-patent/. ↩︎

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