Distinctiveness Archives

Mark “Chacha” distinctive for garments; Delhi High Court grants interim injunction in trade mark suit

“CHACHA, though otherwise a word of common usage, has clearly no connection with sarees or garments. There is no basis, therefore, for a Court to hold that, when used in connection with the sarees or garments, the word CHACHA is not distinctive.”

Case Briefs High Courts

[THINKBOOK v THINBOOK ] Lenovo’s THINK family of marks declared distinctive; Madras HC directs removal of infringing ‘THINBOOK’ Mark

Lenovo has satisfied the requirements of Section 57 of the Trade Marks Act for cancelling RPD Workstations trade mark ‘THINBOOK’.

Case Briefs High Courts

Words ‘Abu Dhabi Global Market’ used in a device mark are distinctive in nature: Delhi High Court

So long as others do not use the mark, or any similar mark, the Delhi High Court opined that a finding of non-distinctiveness can ordinarily not be returned as, howsoever innocuous a mark may appear to be, if it is used only by one person, it would, in plain etymological terms, be distinctive.

Op Eds OP. ED.

The Case of Unconventional Trade Marks — Does the Trade Marks Act, 1999 Need Reform?

by Mridula Bhat†

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:

Case Briefs High Courts

Trademark PARAS has acquired distinctiveness for milk products; use of same for cognate products held infringement thereof

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J. decreed a suit filed by the plaintiff against the