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The Court opined that a party seeking interim injunction in a passing-off action must produce concrete evidence of use, goodwill, and business turnover.
“Ajay Devgan’s status as a sought-after brand ambassador, and a personality with millions of followers across social media platforms demonstrates the strong public association uniquely tied to his identity and his reputation among the Indian populace not limited to his fans.”
“When it is proved that the defendant is improperly using the trade mark of the plaintiff, an order of injunction would be issued.”
“There is huge amount of betting on each of the horse races and therefore, a monopoly of any race by any owner/ ‘family unit’ would have the potential of rigging of horse races.”
Freecia Professional is a cosmetic company selling facial kits under the house mark ‘PROADS’ similar to the plaintiff’s O 3+ range.
“The Court Receiver was directed to visit and search all premises of the defendants, forcibly breaking open locks if necessary and taking police assistance where required to seize and seal all offending goods.”
“The use of trade name ‘ALCHEM’ on the defendant’s packaging material in addition to the generic names is likely to cause confusion in the mind of customers of average intelligence.”
Ravi Mohan Studios produced an additional typed-set showing that the attempted registration of the trade mark ‘BROCODE’ by Indo Bevs beverage company had been objected to and is pending consideration. Hence the Court issued interim relief.
“Defendant 1 is circulating fabricated videos of Ravi Shankar on Facebook and on other independent websites, utilizing advanced AI technologies, including ‘deepfake’ tools, to digitally impersonate the plaintiff’s voice, facial expressions, persona and likeness, thereby creating a false impression amongst the world at large that Ravi Shankar is personally speaking, endorsing or promoting the content therein.”
“Since 2011, through campaigns like ‘You Can Be Anything’ and initiatives such as the Shero program and Fashionistas collections, Mattel has promoted inclusivity, diversity, and women’s empowerment. With a vibrant online presence, scholarly attention, and millions of fans worldwide, the trademark BARBIE has evolved into a multifaceted brand symbolizing imagination, aspiration, and inspiration for generations.”
“The depiction of the Akkineni Nagarjuna in settings that are misleading, derogatory and inappropriate will inevitably have the effect of diluting the goodwill and reputation associated with him.”
“The identity in the defendant’s marks is so close to Mankind’s trade marks that the two are indistinguishable. The infringing activities of the defendant is likely to cause confusion in the course of trade of Mankind leading to erosion of consumers’ trust.”
“Given the commercial value of these publicity rights, a celebrity is entitled to safeguard his interest against any misuse of the personality attributes which includes his name, image, voice and likeness.”
“Relevant consumer base for the products which are deodorizers, air purifiers etc would be an average educated class with the ability to differentiate between the rival marks especially when there is no resemblance apart from a phonetic similarity between the two when viewed as a whole.”
The defendants were operating several websites and applications to trick the general public into believing that they were representatives/associates of Zepto and so as to scam them into paying for fake job opportunities with Zepto
Delhi High Court directed the Department of Telecommunications and Ministry of Electronics and Information Technology to issue a notification calling upon the various internet service providers and telecom service providers, registered under it to block access to the various websites identified by NDTV in the present suit or such other websites that may subsequently be notified by them.
“The Plaintiff’s registered marks are Device Marks and not Word Marks. Hence, no infringement can be brought merely because of the use of the word ‘YATRA’ by the Defendant as ‘YATRA’ is a generic and a descriptive word.”
“It is clear that whilst selling counterfeit products, these listings display marks/trademarks that are deceptively similar to the Plaintiff’s marks, thereby infringing the Plaintiff’s trade marks and constituting an act of passing off as well.
The Defendants were operating several websites and applications to trick the general public into believing that they were associated with Premji Invest so as to scam them into illegal and fraudulent investments.
The Defendant was discharged from service during the probation period itself and upon discharge he published statements and videos disparaging ICICI Bank.