Trademark Archives

Cal HC | Disparagement or mere puffery? Court decides in matter of offending/misleading advertisements [Dabur India v. Baidyanath Ayurved]

Calcutta High Court: Shekhar B. Saraf, J. decided on a petition which was filed seeking remedy against impugned advertisements disparaging the goodwill

Legal RoundUp Supreme Court Roundups

Supreme Court January 2022 Roundup: Probe in PM Modi’s Security Lapse; NEET UG/PG Reservation; Suspension of BJP MLAs; and more

“Merit is not solely of one‘s own making. The rhetoric surrounding merit obscures the way in which family, schooling, fortune and a

Case Briefs High Courts

Baazi v. WinZo| Trademark is used by a manufacturer or service provider to distinguish products from those of competitors: Here’s how Winzo appeared dishonest and unfair in adopting Baazi

Delhi High Court: Explaining the significance of a trademark, Asha Menon, J., observed that, When people are satisfied with the products supplied

Case Briefs Supreme Court

Trademark| RENAISSANCE and SAI RENAISSANCE phonetically and visually similar; Twin conditions must be fulfilled to get benefit of Section 30(1) of the Trademarks Act: SC

Supreme Court: In a Trademark infringement case, the bench of L. Nageswara Rao, BR Gavai* and BV Nagarathna, JJ has ordered in

Case Briefs High Courts

Trade Mark | “Mark is to be taken as a whole”: Bom HC reminds PhonePe while conditionally allowing withdrawal application

Bombay High Court: G.S. Patel, J., granted ‘conditional’ liberty to Phonepe (P) Ltd. to withdraw its suit and an interim application filed

Case Briefs High Courts

Kar HC│ What is Yipee Magic Masala Noodles and Wai Wai Majedaar Masala Noodles copyright infringement battle all about? Read on

“Principles laid down for Courts to deal with injunction applications, in a pending suit, seeking relief against passing off” Karnataka High Court:

Op Eds OP. ED.

“K” SRTCs Trade Mark Row: Paving the Right Path

by Yashvardhan Rana†

Case Briefs Foreign Courts

Amul Dairy secures major win in a trademark infringement case in Federal Court of Canada

Federal Court of Ontario (Canada): In an Intellectual Property battle the Bench of Alan S. Diner, J., had granted major win to

Case Briefs High Courts

[Name-Logo Dispute] Telangana HC | ‘GSK’ being widely known mark: GSK Life Sciences (P) Ltd. ordered to suitably delete word ‘GSK’; No violation of S. 35, TM Act found

Telangana High Court: Abhinand Kumar Shavili, J., addressed a matter wherein the name and logo of a company were in dispute. Instant

Case Briefs High Courts

[Trademark] Ker HC| No question of confusion as the products fall in different classes; HC directs Registrar of the Companies to register LLP by proposed name

Kerala High Court: N. Nagresh, J., heard the instant petition wherein the petitioner had approached this Court seeking to set aside rejection

Op Eds OP. ED.

Britannia and ITC in trade mark row: Packaging saga intensifies

by Yashvardhan Rana†
Cite as: 2021 SCC OnLine Blog Exp 29

Op Eds OP. ED.

Big Basket and Daily Basket in trade mark row: Bullying, consumer confusion or justified?

by Yashvardhan Rana†

Cite as : 2021 SCC OnLine Blog Exp 18

Case Briefs High Courts

Del HC | What is the scope of Court’s jurisdiction while examining application under S. 8, Arbitration and Conciliation Act. What is effect of ‘Chalk & Cheese’ case of non-arbitrability? HC examines in “Hero” electric bikes dispute

Delhi High Court: C. Hari Shankar, J., expressed while addressing a dispute that: “Where a valid arbitration agreement exists, the decision also

Op Eds OP. ED.

“COVISHIELD” trade mark dispute: Cutis Biotech v. Serum Institute of India

by Yashvardhan Rana†

Cite as: 2021 SCC OnLine Blog Exp 11

Case Briefs High Courts

Del HC | WhiteHat Jr Defamation Case: Aniruddha Malpani restrained from posting, publishing, sharing any content which is defamatory, derogatory or deprecatory in nature to White Hat Jr, its management or employee

Delhi High Court: Mukta Gupta, J., grants ad-interim injunction while restraining defendant from posting, publishing, sharing any content which is defamatory, derogatory or

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can a generic expression be granted registration and/or protection as a trade mark under trade mark laws? IPAB explains if “N 95” is capable of being registered or protected as a trade mark

Intellectual Property Appellate Board (IPAB): The Bench of Justice Manmohan Singh (Chairman) and Lakshmidevi Somanath (Technical Member, Trademarks) and Makyam Vijay Kumar

Case Briefs High Courts

[Trademark Suit] Bom HC | Emami restrained from use of trademark “Glow & Handsome”; HUL prima facie prior adopter of the trademark

Bombay High Court: S.C. Gupte, J., granted an interim injunction to Hindustan Unilever Limited while restraining “Emami” from the use of trademark “Glow

Case Briefs High Courts

Bom HC | “ISKCON” declared as a well-known trade mark: Satisfies tests & requirements laid down in Trade Marks Act

Bombay High Court: B.P. Colabawalla, J., held that, “Trade Mark ISKCON has come to enjoy a personality that is beyond the mere products/services

Case Briefs High Courts

Del HC | Telegram directed to take down channels of its users infringing Dainik Jagran’s copyright and trademark rights

Delhi High Court: Mukta Gupta, J., directed “Telegram” to take down the channels that are infringing plaintiff’s rights and granted ad-interim injunction to

Case Briefs High Courts

Cal HC | “Acquiescence” only arises out of positive acts; to be differentiated from mere silence or inaction or from inordinate delay

Calcutta High Court: A Division Bench of I.P. Mukerji and Md. Nizamuddin, JJ., allowed an appeal filed against the order of the Single