Kerala High Court grants interim injunction to “Bokashi Bucket”; bars use of identical Compost Bins Trade mark
“When it is proved that the defendant is improperly using the trade mark of the plaintiff, an order of injunction would be issued.”
Trade Mark
Delhi High Court grants interim injunction protecting Mankind Pharma’s ‘KIND’ trade mark
“The identity in the defendant’s marks is so close to Mankind’s trade marks that the two are indistinguishable. The infringing activities of the defendant is likely to cause confusion in the course of trade of Mankind leading to erosion of consumers’ trust.”
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Delhi High Court grants interim relief to Haveli restaurants in trade mark dispute; directs removal of ‘Punjabi Haveli’ advertisements/listings
“The defendant has affixed the plaintiff’s trade mark HAVELI with another word i.e., ‘PUNJABI’ and the word ‘PUNJABI’ has been incorporated in such a small font, that it remains insignificant to the eyes of the viewers misleading the customers into believing that the defendant’s restaurant is associated with the plaintiff.”
‘Suffix ‘KIND’ has amassed significant goodwill by Mankind’: Delhi High Court sets aside order refusing registration of Mankind’s ‘PETKIND’ mark
“Likelihood of confusion is not to be easily presumed. The nature of the goods and the class of their purchasers has to be borne in mind.”
Himachal Pradesh HC restrains sale of ‘Old Mist Coffee Rum’ in trade mark dispute with ‘Old Monk’
“If the infringement of the trade mark ‘Old Monk Coffee’ is allowed to continue, it is likely to cause confusion on the part of the public and the defendant obviously would be able to pass off its product, ‘OLD MIST’ rum, as that of the petitioner i.e., ‘Old Monk’.”
Know why Bombay HC granted John Doe injunction to Galderma against counterfeit CETAPHIL products
“The plaintiff’s registered trade mark and artistic work is infringed by the defendants, and it is likely to cause confusion in the minds of the public, thus, unless ad-interim reliefs are granted, the plaintiff will suffer irreparable loss, harm, and injury.”
Delhi High Court grants interim injunction to VOLVO in a trade mark infringement case
The plaintiffs submitted that the defendants, by manufacturing, using, displaying, advertising lookalike of the plaintiffs’ well-known products, are trying to create an unauthorized association with the plaintiffs, and deceive customers to believe that the plaintiffs have launched an affordable new range of products.
Bombay HC quashes order refusing ‘WR’ trade mark to Yamaha for similarity with Honda’s ‘WR-V’
Acknowledging the principle of territoriality, prior use in international jurisdictions, the registration obtained for the subject mark ‘WR’ in such territorial jurisdictions and other relevant materials produced by Yamaha, the Court directed fresh review of the application.
Delhi High Court protects ‘BURGER SINGH’ trade mark in Franchise Violation Case
The Court appointed a Local Commissioner to visit a premise, as petitioner the petitioner apprehended that the respondent was likely to remove all evidence to deny its involvement in infringing activities.
Delhi High Court grants interim injunction in favour of Bima Sugam India Federation; restrains use of ‘BIMA SUGAM’ mark
“The registration of the impugned domain names by Defendant 1 would be prejudicial to public interest as the Defendant 1 is seeking to monopolize the mark, which was announced by the Insurance Regulator IRDAI for a specific purpose in public interest.”
Delhi HC permits IndiaMART to use ‘PUMA’ mark as a search option in drop-down menu; directs to take down infringing listings on notice
“The fact that IndiaMART provides an option for a seller to choose the brand of its products specifically describing its goods cannot, prima facie, be held to be a ground to hold that it aids and abets the infringer in displaying the counterfeit products of a particular brand.”
Delhi HC declares ‘RITZ’ and ‘RITZ-CARLTON’ well-known trade marks in respect of hotels and other services in hospitality industry
The plaintiffs submitted that the RITZ and RITZ-CARLTON marks are widely recognized and known among Indian consumers, especially in the hospitality and travel industry. The plaintiffs have promoted their respective trade marks heavily and have been recognized and given multiple awards and accolades.
Duration of confusion in customer’s mind not material, even momentary confusion sufficient to establish trade mark infringement: Delhi HC
“The fact that the customer may on a closer examination of products and enquiries find that the impugned trade marks are not associated with the appellant’s trade marks would not take away from the fact that the impugned marks bear a similarity with the appellants trade mark, which led to the confusion.”
‘NEHA’ a common Indian name lacking distinctiveness for exclusive use: Delhi HC dismisses trade mark suit
“Mere use of a mark, even if continued over a period, is not by itself sufficient to establish enforceable rights under trade mark law. It must be shown that the mark, through its use in trade, has acquired a distinct association in the minds of the relevant consumer base with the claimant’s goods.”
Delhi HC grants ad interim injunction to Vinay Pictures; restrains unauthorized use of ‘Andaz Apna Apna’ film’s intellectual property
The plaintiff contended that the defendants were infringing the plaintiff’s rights in the ‘Andaz Apna Apna’ film by displaying/communicating to the public/hosting/utilizing content, creating merchandise, and online content related to the said film, which exclusively belonged to the plaintiff.
Bombay HC grants temporary injunction to Metro Brands for mark ‘Metro’; restrains MetBrands (P) Ltd. from using mark ‘MetBrands’
Around December 2021, when the applicant decided to go public by floating an IPO that the defendant commenced use of the name METBRANDS and until that time, the defendant was operating and offering goods and services under the name ‘METRENDS’.
Delhi HC grants permanent injunction to Tata Group’s Ginger Hotels; restrains fake websites from infringing its trade mark
The Court stated that Defendants 1,8, 9 and 10 are engaged in illegal activities, which are potentially criminal in nature, and are aimed at deceiving unwary consumers by making them pay through their website under the false pretence of securing reservations with the plaintiff’s ‘GINGER’ hotels.
Delhi HC declares TAJ a well-known trade mark in respect of hotels and other related services in hospitality industry
The long duration and wide geographical area for which the TAJ marks have been in use, their goodwill and reputation due to the extensive promotion and extensive revenue generated by the plaintiff, in India and other countries, the TAJ marks have achieved the status of well-known trade marks.
Delhi HC grants relief to Kiranakart Technologies for its quick commerce platform Zepto; directs cancellation of ‘ZEPTO’ trade mark registered by an individual in 2014
The petitioner has filed an affidavit of the authorized representative of an independent investigating agency to support its averments regarding non-use of the impugned mark by Respondent 1 in relation to the services in class 35 for nearly 8 years up to the date of filing of the present petition.