Welcome to the Weekly Indian IP Law Digest (September 20 to 26, 2026), an authoritative synthesis of key intellectual property law developments, landmark judicial orders, statutory registry announcements, and global technology debates curated by Its IP Time. This edition highlights the Supreme Court’s critical referral on trademark court jurisdiction under Section 134, major trademark decisions from the Madras High Court, DPIIT’s twelve-year Ayush patent analytics report, and international frontier AI IP litigation. Explore all previous editions in our Weekly IP Digest Archive.
Indian Courts
Monday, 21 September 2026
I.S.D.S. Private Limited v. M/s Khemka Food Products Pvt. Ltd. – Supreme Court
What Happened
Petitioner I.S.D.S. Private Limited approached the Supreme Court of India in SLP(C) No. 6793/2026 challenging the jurisdiction of a sub-district commercial court in a trademark infringement dispute. Respondent M/s Khemka Food Products Pvt. Ltd. had instituted Commercial Suit No. 11 of 2023 before the Civil Judge (Senior Division)-I at Jamshedpur, Jharkhand. The suit was filed pursuant to a state government notification issued under Section 3 of the Commercial Courts Act, 2015, which designated Civil Judges (Senior Division) as Commercial Courts for disputes valued between three lakh and one crore rupees. The petitioner argued that Section 134(1) of the Trade Marks Act, 1999 explicitly bars the institution of trademark suits in any court inferior to a District Court. The conflict exposed conflicting rulings in earlier Supreme Court judgments regarding whether the Commercial Courts Act overrides earlier special intellectual property statutes.
Issue
Can a trademark infringement suit be entertained by a Commercial Court at the Civil Judge (Senior Division) level under Section 3 of the Commercial Courts Act, 2015, or does Section 134 of the Trade Marks Act, 1999 reserve exclusive jurisdiction for the District Court?
Ratio and Result
The Division Bench comprising Justice J. B. Pardiwala and Justice K. Vinod Chandran referred the question to a larger bench of the Supreme Court to achieve nationwide jurisdictional uniformity. The Court observed that intellectual property constitutes a specific species within the broader genus of commercial disputes, meaning administrative notifications under general commercial enactments cannot dilute explicit statutory bars enacted by Parliament. The Bench highlighted the procedural anomaly where low-value intellectual property suits remain before District Courts while higher-value suits land before inferior judicial forums. The Supreme Court stayed all further proceedings in the commercial suit at Jamshedpur pending resolution by the larger bench. Read full analysis: I.S.D.S. Private Limited v. M/s Khemka Food Products Pvt. Ltd. Case Analysis.
Pradeep Cholayil v. Karnataka Soaps and Detergents, Madras HC
What Happened
Plaintiff Pradeep Cholayil instituted civil suit CS.225/2018 before the Madras High Court alleging trademark infringement and passing off against state-owned manufacturer Karnataka Soaps and Detergents. The plaintiff held statutory registrations for the trademarks MYSOP and MYSPO under Class 3 for bath soaps, toilet preparations, and cleansing products. The defendant introduced and distributed competing cleansing soaps under the brand name MYSOAP. The plaintiff sought a permanent injunction, a mandatory injunction directing the destruction of all infringing labels and packaging materials, rendition of accounts of profits, and monetary damages. The defendant resisted the suit, claiming that MYSOAP represented a distinctive composite label with different graphic layout and trade dress.
Issue
Does the adoption of the mark MYSOAP for bath soaps infringe the registered trademark MYSOP under Section 29 of the Trade Marks Act, 1999, and constitute actionable passing off based on phonetic identity?
Ratio and Result
The Madras High Court decreed the suit in favor of the plaintiff, granting a permanent injunction restraining Karnataka Soaps and Detergents from using the mark MYSOAP or any confusingly similar variant. The Court held that MYSOP and MYSOAP are phonetically identical, which creates immediate consumer deception in retail markets where goods are requested by word of mouth. The Court ruled that minor spelling differences disappear entirely in oral purchases governed by the test of imperfect recollection. The Court also ordered the destruction of all infringing packaging materials, directed the rendition of accounts of profits, and awarded ten lakh rupees in damages to the plaintiff. Read full analysis: Pradeep Cholayil v. Karnataka Soaps and Detergents Case Analysis.
Ashique Exports Pvt. Ltd. v. Koyenco Soaps and Detergents, Madras HC
What Happened
Plaintiff Ashique Exports Pvt. Ltd. instituted commercial suit CS.687/2017 before the Madras High Court seeking permanent injunctive relief against Koyenco Soaps and Detergents. The plaintiff was the registered proprietor of the trademark Dr. WASH under Registration No. 1130214 in Class 3, having used the mark and its distinctive color packaging continuously for over fifteen years in the washing soap market. The defendants launched competing detergent soaps bearing deceptive labels and trade dress that closely mimicked the color scheme and artistic layout of the plaintiff’s packaging. The plaintiff alleged trademark infringement and passing off under Sections 28, 134, and 135 of the Trade Marks Act, 1999. The defendants opposed the action and pointed to a pending rectification petition challenging the validity of the plaintiff’s registration.
Issue
Does the imitation of an established product’s get-up and color scheme constitute trademark infringement and passing off, and can a pending rectification application defeat an injunction sought by a long-term prior user?
Ratio and Result
The Madras High Court granted a permanent injunction restraining the defendants from using the impugned packaging, marks, and color combinations for washing soaps. Applying the triple identity test, the Court found identity in marks, products, and retail trade channels, which generated an immediate risk of consumer deception. The Court held that the plaintiff’s fifteen-year commercial history and acquired market distinctiveness outweighed the defendant’s technical challenge in the rectification plea. The Court affirmed that registered trade dress backed by extensive prior use serves as an enforceable shield against deceptively similar product packaging. Read full analysis: Ashique Exports v. Koyenco Soaps Case Analysis.
Texmo Industries v. Gayatri Industries & Anr., Madras HC
What Happened
Plaintiff Texmo Industries presented commercial suit C.S(COMM DIV).89/2026 before the Madras High Court seeking permanent injunctive relief against Gayatri Industries and an allied party. The plaintiff asserted statutory trademark registrations and common law goodwill over the marks TARO and TARO PUMPS for agricultural and industrial pumping systems. The defendants adopted and commercially utilized the competing mark ATARO PUMPS for identical electric pumps and water equipment. The plaintiff claimed that adding the prefix letter A was an intentional attempt to ride on the commercial reputation of its registered brands. During court proceedings, the parties conducted negotiations and submitted a formal joint compromise memo executed on August 17, 2026 to resolve all disputes.
Issue
Can a commercial intellectual property suit for trademark infringement and passing off be formally disposed of through a consent decree based on a joint compromise memo under the Code of Civil Procedure, 1908?
Ratio and Result
Dr. Justice A.D. Maria Clete accepted the terms of the settlement and decreed the commercial suit in terms of the joint compromise memo. The Court recorded the defendants’ formal undertaking to cease using the mark ATARO PUMPS or any mark deceptively similar to TARO in the pump market. The defendants acknowledged the exclusive proprietary and trademark rights of Texmo Industries and agreed to withdraw all conflicting trademark applications. The Court held that the compromise complied fully with the provisions of the Trade Marks Act, 1999 and achieved a final and binding commercial resolution between the litigants. Read full analysis: Texmo Industries v. Gayatri Industries Case Analysis.
Mohammed Usman Sait Vs Mohammed Saleem Sait – Madras HC
Facts
Joonus Sait, the disputed trade name, was under a status quo order in ongoing litigation. The plaintiff alleged the defendant breached this order by opening new retail outlets at Anna Nagar and Alsa Mall, Egmore. The defendant countered that Alsa Mall was leased only for warehousing, and Anna Nagar was merely a spatial extension of the existing store under the same GST registration.
Issue
Whether the defendant’s conduct at these two locations amounted to opening new outlets in violation of the status quo order and prior undertaking.
Ratio & Result
The Court found no fresh “opening” of outlets : the facts (warehousing use, single GST registration, spatial continuity) didn’t establish a breach of either the status quo order or the undertaking. Applications under Order XXXIX Rules 1 and 2 CPC were dismissed, with no costs imposed. The Court directed the parties to cooperate for an early trial rather than deciding the trademark dispute (Sections 28, 30, 34, 57, Trademarks Act, 1999) on merits at this interim stage. Read our full case analysis here: Usman Sait v. Saleem Sait Case
GI & Indian IP Registry News
CGPDTM and DPIIT Release Comprehensive Status Report on Ayush Inventions
The Office of the Controller General of Patents, Designs and Trade Marks, in collaboration with the Department for Promotion of Industry and Internal Trade and the Ministry of Ayush, released an official status report on Ayush-related inventions covering the period from 2014 to 2026. The report provides an extensive statistical overview of patenting trends across Ayurveda, Yoga, Unani, Siddha, and Homoeopathy, recording 4,077 patent applications filed and 711 patents granted over the twelve-year review timeframe. Annual filings expanded from 63 applications in financial year 2014-15 to 590 in financial year 2025-26, with 70 percent of all applications and 92.4 percent of all grants occurring during the post-pandemic period.
The study observed that public-sector councils, including the Central Council for Research in Ayurvedic Sciences, led early research while private enterprises and academic institutions drove recent commercial filings. Innovation increasingly spans extraction techniques, active ingredient isolation, novel dosage forms, nutraceuticals, and medical devices. The report recommended expanding institutional IP chairs, strengthening clinical validation mechanisms, and offering targeted administrative assistance to boost patent filings among startups and small enterprises.
Karnataka Exports One Metric Tonne of GI-Tagged Kalaburagi Tur Dal to Maldives
The Agricultural and Processed Food Products Export Development Authority facilitated the commercial sea export of a one-metric-tonne consignment of GI-tagged Kalaburagi tur dal from Karnataka to the Maldives on September 24, 2026. The consignment was shipped by Mysuru-based enterprise Silken Global Exports and Imports through a Farmer Producer Organisation brand. The regional crop, also known as Gulbarga red gram, is recognized for its unique cooking quality and high protein content derived from the calcium-rich black soil of the region.
The export channel generated direct economic gains for regional growers, yielding 82 rupees per kilogram compared to the prevailing local market price of 60 rupees per kilogram. Union Commerce and Industry Minister Piyush Goyal commended the milestone, noting that linking Farmer Producer Organisations directly with international supply chains expands export opportunities and delivers sustainable price premiums for certified agricultural communities.
Jammu and Kashmir Traditional Kaladi Cheese Reaches Commercial Scale for Global Markets
Union Minister Dr. Jitendra Singh announced that Kaladi, the GI-tagged traditional dairy product from Udhampur district in Jammu and Kashmir, has reached the commercial threshold required for widespread domestic distribution and international export. The artisanal ripened cheese, known locally as the Mozzarella of Jammu, is prepared by indigenous pastoral communities through traditional processing techniques that give the product its distinctive texture and culinary character.
The central government and regional administration are collaborating with local dairy clusters to implement modern vacuum packaging, standardized food safety certifications, and cold chain logistics. These upgrades aim to protect authentic pastoral traditions while enabling local producers to supply organized retail channels and international specialty food distributors.
IIPLA Review Highlights Institutional Modernization Across India’s IP Framework
The International Intellectual Property Law Association published a policy assessment examining India’s legislative and judicial initiatives to strengthen its intellectual property regime amid rapid digital transformation. The review highlighted the operational impact of specialized Intellectual Property Divisions established in the Delhi and Madras High Courts, which have reduced litigation backlogs and introduced specialized case management procedures for commercial patent, design, and trademark disputes.
The assessment also highlighted the primacy of the Patents Act, 1970 as a self-contained statutory code governing standard essential patents and fair, reasonable, and non-discriminatory licensing negotiations. The analysis emphasized that continued modernization across the Indian Patent Office, backed by initiatives like the Traditional Knowledge Digital Library and the IndiaAI Mission, positions India to protect domestic innovation while contributing to international technology standards.
Also Read: Weekly Indian IP Law Digest: October 11 to 17, 2026 | Its IP Time
International IP Updates
AI Startup DaVoice Sues Perplexity Over Alleged Theft of Wake Word Trade Secrets
Artificial intelligence startup DaVoice, operating under SyteMLLabs, filed a trade secret misappropriation lawsuit against Perplexity AI in the United States District Court for the Northern District of California. DaVoice specializes in developing low-power, continuous-listening wake-word technology that allows hardware and software systems to detect voice activation triggers. The complaint claims that Perplexity misused confidential algorithms, source code, inference logic, and model training datasets shared during partnership negotiations conducted under non-disclosure agreements.
DaVoice contends that Perplexity exploited the proprietary technical disclosures to build its own competing voice activation system rather than pursuing an authorized commercial integration. Perplexity publicly rejected the allegations as unfounded, maintaining that the lawsuit represents an attempt to monopolize standard industry techniques and asserting that its partnership contracts preserved the company’s right to pursue independent internal development.
Anthropic and OpenAI Urge Australia to Ease Restrictions on AI Model Training
Artificial intelligence developers Anthropic and OpenAI submitted formal representations to an Australian parliamentary inquiry, urging policymakers to reconsider the country’s strict stance against using copyrighted materials for model training. The Australian government had ruled out introducing a broad text-and-data mining exception in national copyright law, requiring AI creators to secure direct licenses from domestic copyright owners. Creative industries, including authors, publishers, and media houses, have actively opposed any commercial training exemptions.
Anthropic proposed a conditional approval framework that would allow model training in exchange for mandatory investments in Australian cultural organizations and local creative initiatives. OpenAI called for a balanced statutory framework that permits machine learning algorithms to evaluate publicly available data while establishing licensing pathways for proprietary works. Both technology firms linked their policy proposals to ongoing digital infrastructure commitments, including major data center investments across Sydney and Queensland.
OpenAI Calls on United States to Lead Global Development of Frontier AI Technical Standards
OpenAI published a policy paper urging the United States government to take the lead in formulating global technical standards for frontier artificial intelligence systems, with a particular focus on models exhibiting recursive self-improvement capabilities. The paper argued that the United States possesses the institutional capacity and international partnerships needed to coordinate technical benchmarks across national artificial intelligence safety institutes in countries including the United Kingdom, India, and Japan.
The proposal advocates for voluntary capability evaluations, standardized incident reporting protocols, and verifiable human control mechanisms over autonomous systems, rather than restrictive pre-market licensing mandates. OpenAI warned that an absence of proactive international coordination could result in fragmented, contradictory regulatory frameworks that disrupt cross-border technology development.
