‘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”
Goodwill
[Eveready v Everyday] Delhi High Court grants ad interim injunction in favour of Eveready Industries for trademark infringement
The case arises from the alleged infringement of Eveready’s trademarks by the defendants. Eveready contends that the defendants’ use of the mark “EVERYDAY” for electric gas lighters is deceptively similar to Eveready’s “EVEREADY” trademark.
Delhi High Court restrains China Social from using mark ‘SOCIAL’ for services related to food; grants injunction to Impresario Entertainment and Hospitality (P) Ltd.
“There is every likelihood of defendant’s cloud kitchen services being perceived as another extension of plaintiff’s services owing to the nature of the ‘SOCIAL’ series of marks used by plaintiff.”
Delhi High Court grants permanent injunction to Triumphant Institute of Management Education (P) Ltd. for its mark “T.I.M.E.” against “T.I.M.E. Tirupati”
“Viewed from the perspective of initial impression conveyed by defendant’s mark on the mind of consumer of average intelligence and imperfect recollection, if a court crosses such consumer’s mind as to whether market is not the same as, or associated with, the mark of plaintiff, which is seen earlier in point of time, “likelihood of confusion” and “likelihood of association”, within the meaning of Section 29(2)(b) of the Trade Marks Act, 1999 necessarily exists.”
Delhi High Court restrains Advance Technologies from using logo similar to The Boeing Company; Directs costs upto 5 lakhs
Delhi High Court observed that customers are being misled by the defendants and the entire effort is deliberate and dishonest amounting to dilution of the reputation and goodwill of the trademark/logo of the plaintiffs.
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 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 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 directs Registrar of Trade Marks to add ‘BUKHARA’ mark to the list of ‘well-known trade marks’
Delhi High Court: In a case filed by ITC Ltd. seeking protection of the trade mark ‘BUKHARA', the Single Judge
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 grants permanent injunction along with 2 lakhs damages in favour of eBay in a trade mark infringement suit
Delhi High Court: In a suit for permanent injunction restraining the defendants from using the mark ‘Shopibay’ which was similar
Delhi High Court restrains company selling keychains and baggage tags having VISTARA marks online; Raises security concerns and directs damages of Rs 20 lakh
Delhi High Court: In a case filed by Tata Sia Airlines (‘plaintiff') seeking decree of permanent injunction against company selling
Titles of films are capable of being recognised under trademark law? Read Del HC’s decision in light of film ‘SHOLAY’
Delhi High Court: Prathiba M. Singh, J., expressed that, the word ‘SHOLAY’, is the title of an iconic film, and consequently, as
Infringement of Starbucks trademark FRAPPUCCINO | Del HC awards Rs 2 lakh in damages and 9 lakh costs
Delhi High Court: In a matter wherein Starbucks trademark ‘frappuccino’ was being infringed, Jyoti Singh, J., while observing that, FRAPPUCCINO trademarks have
Who ‘owns’ a YouTube channel?: Del HC passes interim directions in dispute over channel ‘Shabad Kirtan Gurbani – Divine Amrit Bani’
Delhi High Court: Asha Menon, J., is considering a very interesting case where the dispute between the parties is regarding the ownership
Expression of a victim’s trauma or experience is his/her fundamental right which can only be curtained if it falls under 4 broad categories: Read on to know categories | Alleged sexual harassment case of a ScoopWhoop employee
Patiala House Courts: Preeti Parewa, SCJ/CCJ/ARC, NDD, while addressing the alleged case of sexual harassment against the CEO of ScoopWhoop, wherein it
Why is ‘Rooh Afza’ seeking injunction against ‘Dil Afza’? Here’s how Del HC stressed upon ‘deep emotion’ while deciding
Delhi High Court: While addressing a trademark dispute between Rooh Afza and Dil Afza manufacturers, Asha Menon, J., expressed that, buying a
Bom HC | “Serum Institute coined the term ‘Covishield’, took substantial steps towards development and manufacture”: Court finds no merit in Cutis Biotech’s passing off action
Bombay High Court: The Division Bench of Nitin Jamdar and C.V Bhadang, JJ., upheld the order of the District Court refusing to
Agreement in restraint of trade
by Achal Gupta†