J.V. Abhay is a partner at the Firm and part of the Intellectual Property Practice Group.

Abhay advises international and domestic clients on the full range of trade mark, domain name, copyright, design and breach of confidence issues. He acts for a wide array of innovation led high profile clients, including in the fashion and luxury products, hotel, telecommunication, media and entertainment and pharmaceutical industries. He specializes in enforcement, litigation and dispute resolution before Courts, adversarial proceedings before tribunals and strategic counselling. He manages the trade mark prosecution practice of the Intellectual Property Practice Group and also advises clients on IP aspects of corporate commercial transactions.

Abhay was admitted to the bar in 2004 and has over the years represented several clients in litigation and cancellation actions before various courts and tribunals in India and in other jurisdictions. During his career, Abhay has been a part of one of India’s largest trade mark litigation matters. He regularly provides advice to clients on branding issues and commercial exploitation of their IP rights.

He is member of the Bar Council of Delhi and is licensed to practice at all courts and trade mark offices in India. He is also a member of the INTA non-traditional trade marks committee. He is fluent in Hindi, English and Kannada.

Select Experience Statement

• Millennium & Copthorne International Limited – represented Millennium & Copthorne International Limited in a suit for trade mark infringement and passing off before the Delhi High Court, which led to significant orders being passed with respect to the aspects of security of costs and territorial jurisdiction of Courts in where the Plaintiff is not residing nor having physical presence in India but is carrying on business through the internet.
• PECB Group Inc. – acted for PECB Group Inc. in a suit for trade mark infringement and passing off of its trade mark PECB by a third party. The Court ruled in favour of PECB Group Inc. at the interim stage and the suit was ultimately disposed of on the basis of a settlement between the parties.
• Su-Kam Power Systems Limited – represented Su-Kam Power Systems Limited in a suit for trade mark infringement and passing off filed before the Delhi High Court against its erstwhile Managing Director. In a precedent setting judgement, the Court acknowledged Su-Kam as the exclusive registered proprietor of the SU-KAM Marks in respect of inverters. It ruled that the Defendant had no real prospect of successfully defending the claim and that there was no other compelling reason why the claim should not be disposed of before recording oral evidence on the ground of the admissions made by the Defendant. Thus, a summary judgement, under Order XIIIA of the Code of Civil Procedure, 1908 may be granted even if there exists a disputed question of fact as long as the Court can make necessary findings of fact, apply the law to the facts and if that would be a proportionate and more expeditious and less expensive means of achieving a fair and just result.
• Grofers India Private Limited – acted for Grofers in a suit for trade mark infringement and passing off filed against it before the Delhi High Court. The Court modified the ex-parte order of injunction against Grofers and the matter was subsequently disposed of on the basis of the settlement between the parties.

A detailed experience statement can be shared on a confidential basis.

Professional Memberships

• Bar Council of Delhi
• Delhi High Court Bar Association

Education

• LL.B. (Hons.)