[‘Old Monk’ Trademark Dispute] Himachal Pradesh High Court grants ad-interim injunction in favour of Mohan Meakin Ltd
The use of the word MONK in most prominent manner shows dishonest intention on the part of the Defendant.
Trade Mark
‘NOVAEGIS’ is phonetically identical and deceptively similar to ‘NOVARTIS’; Delhi High Court grants ad-interim injunction in favour of ‘NOVARTIS’
The Delhi High Court opined that ‘NOVAEGIS’ was, phonetically identical to ‘NOVARTIS’, when tested from the point of view of a customer of average intelligence and imperfect recollection and thus, granted ad-interim injunction in favour of ‘NOVARTIS’.
Delhi High Court dismisses WinZO’s plea against Google LLC’s download warning
Google LLC’s download warning in respect of all third-party applications was a mere disclaimer and there was no case made out for trade mark infringement.
KFC cannot have exclusive right in the word “CHICKEN”; Delhi High Court directs Trade Mark Registry to instead consider application for advertisement of the mark “CHICKEN ZINGER” in Class 29
The Delhi High Court held that KFC cannot have any exclusive right in the word “CHICKEN”, but the Court directed the Trade Mark Registry to proceed for advertisement of application for the mark “CHICKEN ZINGER” in Class 29.
Counterfeiting has serious repercussions on the fabric of national economy; Delhi High Court directs a small shop proprietor to pay Rs. 5 lakhs or serve one week in civil prison for selling counterfeited Louis Vuitton’s belts
The Delhi High Court directed the proprietor of a small shop to pay Rs. 5 lakhs, failing which he would suffer incarceration in civil prison for a week as he violated the order of interim injunction passed earlier by the Court and continued to sell counterfeited products of louis Vuitton.
“Schezwan Chutney” is a mere descriptive term; Delhi High Court rejects plea of Capital Food (P) Ltd. of restraining Radiant Indus Chem (P) Ltd. from using the word “Schezwan Chutney”
The Delhi High Court held that “SCHEZWAN CHUTENY” was a mere descriptive term and therefore, Radiant Indus Chem (P) Ltd. could not be stopped from using the same and the Court further held that if protection was granted to the mark “SCHEZWAN CHUTNEY”, then similar protection should also be granted to ‘Tamarind Chutney' or ‘Tomato Chutney', as they were also combinations of words in “English and Hindi”.
“SUBWAY” and “SUBERB” not phonetically and deceptively similar; Delhi High Court dismisses Subway’s plea for injunction for its mark “SUBWAY” against Infinity Food’s mark “SUBERB”
The Delhi High Court dismissed Subway's plea for injunction for its mark “SUBWAY” against Infinity Food's mark “SUBERB” in a trade mark infringement case and held that the appearance of Infinity Food's red and white “SUBERB” mark could not be said to be deceptively similar to Subway's device mark, “SUBWAY”.
Delhi High Court confirms ex-parte ad interim injunction in favour of AIWA Co. Ltd., a Japan company for its mark “AIWA” in a trade mark infringement suit
The Delhi High Court held that the use of mark “AIVVA” by Aivva Enterprises (P) Ltd. was phonetically similar to the mark “AIWA” of Aiwa Co. Ltd. and thus, caused confusion in the market. Therefore, the Court confirmed ex-parte ad interim injunction in favour of the mark “AIWA” in a trade mark infringement suit.
Delhi High Court | Marks under ‘Swiss Military’ ineligible for trade mark registration Delhi High Court
The Delhi High Court allowed an appeal moved by the Armasuisse (Federal Agency of the Swiss Federation) and held that the marks ‘white cross on black background’, ‘white cross on red background’ and ‘SWISS MILITARY’ were all ineligible for trade mark registration in respect of textiles as it might suggest link to Swiss military establishment.
Delhi High Court grants ad-interim injunction to New Bharat Overseas for its mark ‘TAJ MAHAL’ in a trademark infringement suit
The Delhi High Court granted ad-interim injunction to New Bharat Overseas for its mark ‘TAJ MAHAL’ and restrained Kian Agro Processing (P) Ltd. from affixing the mark ‘TAJ MAHAL’ or any other mark deceptively similar to the registered marks for the purposes of selling or marketing rice in India or for export to any entity, till the pendency of the suit.
Delhi High Court grants permanent injunction to RPG Enterprises Ltd. for its mark ‘RPG’ in a trade mark infringement suit; awards Rs. 3 lakhs as damages
The Delhi High Court granted permanent injunction to RPG Enterprises Ltd. for its mark ‘RPG’. Further, RPG Developers (P) Ltd. were restrained from offering/rendering any services using the impugned trade mark ‘RPG’ and/or ‘RPG DEVELOPERS’ and/or artistic work which was a colourable imitation of the plaintiff’s artistic work or any other trade mark/artistic work deceptively similar to the ‘RPG’ marks of the plaintiff. Additionally, Rs. 3 lakhs were awarded as damages to the plaintiff.
Arbitrability of Intellectual Property Rights’ Disputes: An Affirmative Step
by Yash Vardhan Garu and Hetvi Mehta
Delhi High Court grants interim injunction in favour of WhiteHat Education Technology in a trade mark infringement suit for its mark ‘WhiteHat Jr’
The Delhi High Court held that the marks ‘WhiteHat Jr’ and ‘WhiteHat Sr’ were deceptively similar and therefore, restrained the defendants from using any trade mark, trade name and domain name which would amount to infringement of plaintiff’s mark ‘WhiteHat Jr’.
Delhi High Court grants ex parte ad interim injunction to Sukam Systems (P) Ltd. for its trade mark ‘Su-Kam’ against Lithium Power Energy (P) Ltd in a trade mark infringement suit
In the present case, Sukam Systems (P) Ltd. alleged infringement and passing of by Lithium Power Energy (P) Ltd. of its registered trade marks ‘Su-Kam’, ‘BIG conqueror Tubular Battery’ and ‘BIG Warrior Tubular Battery’.
Delhi High Court grants permanent injunction to Lifelong Online Retail (P) Ltd for its mark ‘Lifelong’ in a trade mark infringement suit
The Delhi High Court restrained the defendant from dealing in any goods, under the impugned trade mark ‘Lifelong’ or any other mark as may be identical to or deceptively similar with the plaintiff’s (Lifelong Online Retail (P) Ltd.) registered trade mark ‘Lifelong’, to cause infringement of the plaintiff’s trade marks.
Delhi High Court grants Rs. 2 Crore damages to Adobe in a trade mark infringement suit against a cyber squatter
The Delhi High Court, in a suit for trade mark infringement by a habitual cyber squatter, Namase Patel over Adobe’s marks ‘ADOBE’, ‘PHOTOSHOP’ and ‘SPARK’, granted Rs. 2 Crore as damages to Adobe.
Delhi High Court grants permanent injunction in favour of Dream 11 in a trade mark infringement suit
Delhi High Court granted permanent injunction in favour of Dream 11 against the person who was operating under the domain name ‘www.dream11.bet’ and held that the domain name adopted by the defendant was deceptively similar to that of the plaintiffs and was clearly intended to ride on the goodwill and reputation of the plaintiff’s marks.
Delhi High Court grants ex-parte ad-interim injunction to Tata Sia Airlines Limited in a trade mark infringement suit; restrains Vistara Media Private Limited from using the mark ‘VISTARA’
Delhi High Court: In a case where Tata Sia Airlines Limited filed an application under Order 39 Rules 1 and
Delhi High Court confirms ad-interim ex-parte order of injunction passed in favour of Sun Pharmaceutical Industries Ltd. for its mark ‘FORZEST’; Cost of Rs. 10 lakhs imposed for concealing material facts
Delhi High Court: In a trade mark infringement case where the ex-parte ad-interim order of injunction was challenged, the Single