Theme: Trademark law
Delhi High Court restrains Pune seller’s “Max Volvo” and “Max Volwo” lubricant brands
The Delhi High Court has restrained a Pune-based seller from manufacturing or selling engine oil, gear oil, and other lubricants under the marks “Max Volvo” and “Max Volwo,” in a trademark suit brought by Volvo.
An investigator sent by Volvo visited the seller’s premises, was told lubricants were sold under “Max Volvo” and manufactured under “Max Volwo,” and purchased a carton of “Max Volwo” products as evidence. The court found “Max Volwo” visually near-identical to “Max Volvo,” since “V” and “W” are commonly pronounced alike, making the mark, in the court’s own words, “nothing but a variant of VOLVO” to a purchaser of average intelligence and imperfect recollection. The seller was restrained from using “Max Volvo,” “Max Volwo,” “Volwo Gold,” or any deceptively similar mark, including on third-party online listings.
Theme: Patent law
Supreme Court to decide whether India’s 20-year patent term should run from filing or grant
The Supreme Court has issued notice on a petition challenging the constitutional validity of Section 53 of the Patents Act, which fixes a patent’s 20-year term from the date of filing, even when years pass before the patent is actually granted.
The petitioners argue that Sections 53 and 11A(7) work against each other: Section 11A(7) bars a patent holder from suing for infringement until the patent is granted, while Section 53 still runs the full 20-year clock from the original filing date, shrinking the period during which the patent can actually be enforced. In their case, a seven-year gap between filing and grant left a considerably shorter usable term. Multiple High Courts, including Calcutta, have previously upheld Section 53 as consistent with India’s TRIPS obligations. The matter is next listed on October 26, 2026.
Theme: Personality rights
“Worse than a gun”: Delhi High Court orders takedown of AI deepfakes targeting Drishti IAS founder
The Delhi High Court has ordered the takedown of fake social media profiles, deepfake endorsements, and unauthorised lecture clips using the identity of Vikas Divyakirti, founder of UPSC coaching institute Drishti IAS, in a personality rights suit against Meta Platforms and others.
During the hearing, the judge remarked that AI tools used this way are “worse than a gun, because it can kill your reputation.” The case adds to a fast-growing line of Indian personality rights suits against AI misuse, following similar orders protecting figures like Anil Kapoor, Arijit Singh, and Aishwarya Rai Bachchan. The court did not grant every piece of relief sought, and the matter continues alongside related questions about disclosure of subscriber information and IP logs from the platforms involved.
Theme: Trademark law (acquiescence)
Madras High Court dismisses RPG Enterprises’ bid to cancel “RPG Marble” trademark over 15-year delay
The Madras High Court has dismissed a petition by RPG Enterprises seeking cancellation of a rival’s “RPG Marble” trademark registration, holding that RPG’s own 15-year delay in challenging the mark amounted to acquiescence.
Acquiescence is a defence in trademark law that can bar a rights holder from enforcing a claim if they knowingly allowed another party to use a similar mark for a significant period without objection. The ruling underscores that trademark rights, even strong or well-recognised ones, aren’t indefinitely enforceable against a known, long-standing use if the rights holder sits on its claim rather than acting on it promptly.
