‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever
Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”
confusion
Delhi High Court restrains Hi Tech Private Limited from using the marks HTA or ARS-HTA
“there is no requirement, in law, of a mark having to be registered under the Trade Marks Act, 1999 and the fact of non-registration is, at best, an extremely weak ground on which user of the mark can be doubted.”
[Himalaya v. Wipro] Delhi High Court restrains Wipro Enterprises from using ‘EVECARE’ mark for female menstrual health products
“It is intriguing as to why a reputed company such as the defendant company, Wipro Enterprises would launch its product, also pertaining to female reproductive hygiene, almost 22 years later, using the identical trade mark as that of the plaintiffs, Himalaya Wellness Co.”
Delhi High Court directs Trade Mark Registry to conduct phonetic search of a mark even at the preliminary stage
When an application is submitted for registration of a mark which involves a word, then, even at the preliminary stage, a word mark search as well as a phonetic search shall be conducted, so that the possible marks which are phonetically similar to the mark applied for, are thrown up as suggested result.
Delhi High Court grants permanent injunction to Google LLC for its mark “GOOGLE” and awards Rs. 10 lakhs as damages in a trade mark infringement case
The Delhi High Court granted permanent injunction in favour of Google LLC for its mark “GOOGLE” and awarded Rs. 10 lakhs as damages to Google LLC which was to be paid jointly and severally by the defendants.
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 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.