footwear Archives

Bombay HC grants temporary injunction to Metro Brands Ltd. for mark ‘MOCHI’ against mark ‘DESIMOCHI’; declares ‘MOCHI’ as a well-known mark

Every trade mark registration is separate and independent and a disclaimer in one registration cannot be read or imported into another. In comparing marks as a whole, mere addition of a generic prefix by defendant will not negate the actionable similarity between the rival marks where defendants’ mark contains whole of applicant’s mark (particularly the distinctive/leading/memorable/essential feature).

Case Briefs High Courts

‘Mark’s removal for non-use requires clear, unequivocal evidence of abandonment’; Delhi High Court dismisses application for removal of mark ‘BAOJI’

“Section 47 of Trade Marks Act, 1999 serves to protect the integrity of the trade mark register by ensuring that registered marks that are not actively used in commerce are removed.”

Case Briefs High Courts

Delhi High Court declares shaded ‘N’ mark of New Balance Athletics, Inc. as a ‘well-known mark’ in relation to footwear

“Global use of shaded ‘N’ logo of New Balance Athletics, Inc., and registration of the logo in India since 1997 along with its enforcement, leaves no doubt that said writing style in respect of footwear is exclusively associated with New Balance.”

Case Briefs High Courts

Delhi High Court permanently injuncts website ‘sastajoota.com’ from selling counterfeit products under the mark “PUMA”

“Defendant 1 is a counterfeiter and has dragged plaintiff in the Court for an entirely unnecessary litigation, thus, plaintiff will be entitled to actual costs quantified at Rs. 4,59,520.”