Delhi High Court
Case BriefsHigh Courts

“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 High Court
Case Briefs

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.

Delhi High Court
Case BriefsHigh Courts

“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.”

Delhi High Court
Case BriefsHigh Courts

“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 High Court
Case BriefsHigh Courts

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.

Delhi High Court
Case BriefsHigh Courts

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 High Court
Case BriefsHigh Courts

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 High Court
Case BriefsHigh Courts

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.

Delhi High Court
Case BriefsHigh Courts

Upon careful comparison of the plaintiff’s trade dress and that of the defendants, it became apparent that the overall colour scheme, get-up and layout of the defendants’ impugned packaging is nearly identical to that of the plaintiff’s trade dress.

Delhi High Court
Case BriefsHigh Courts

Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.

Delhi High Court
Case BriefsHigh Courts

“Petitioner has established that that it was the prior registered proprietor and prior user of the mark ‘GANESH’ and its other formative marks since 1936. The adoption and use of the mark ‘GANESH HARA MATAR’ by Respondent 1, is likely to create confusion in the market.”

Delhi High Court
Case BriefsHigh Courts

It is submitted that Plaintiff 1 is a ‘celebrity’ and has a valid and enforceable personality right. He satisfies the dual test of personality rights, viz. having a valid and enforceable personality right on account of being a well-known reputed personality and the same is clearly identifiable in the infringing content uploaded by Defendants 1-8 and 13 on their social media accounts.