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Passing off

Case BriefsHigh Courts

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

Published on May 30, 2022June 3, 2022By Bhumika Indulia
Leave a comment2707 views
Case BriefsHigh Courts

Red Bull v. Sting | Injunction application against Pepsico’s tagline “STIMULATES MIND ENERGIZES BODY”: Whether Pepsi has committed infringement? Del HC decides

Delhi High Court: Amit Bansal, J., observed that the taglines of ‘Red Bull’ and ‘Sting’ are descriptive and laudatory in nature. Interim

Published on April 13, 2022April 15, 2022By Bhumika Indulia
Leave a comment3762 views
Case BriefsHigh 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: 

Published on October 14, 2021February 14, 2023By Editor_4
Leave a comment3762 views
Case BriefsHigh Courts

Del HC | Whether S. 124 of Trade Marks Act provide for stay of action against passing off? Read on

Delhi High Court: Asha Menon, J., addressed a suit for trade mark infringement, wherein the Court additionally addressed the scope of Section

Published on August 7, 2021August 12, 2021By Bhumika Indulia
Leave a comment6433 views
Case BriefsHigh Courts

Del HC | Interim relief against passing off. Is identical placement of colours and other features in label of product being passed off enough? HC decides

Delhi High Court: C. Hari Shankar, J., addressed a matter regarding passing off and granted interim relief. Plaint alleged that defendant 1

Published on June 1, 2021June 11, 2021By Bhumika Indulia
Leave a comment3434 views
Case BriefsHigh Courts

Bom HC | Does Copyright Act requires mandatory registration to seek protection under the Act? Justice G.S. Patel explains

“Copyright Act gives a range of rights and privileges to the first owner of copyright without requiring prior registration.”

Published on March 16, 2021March 26, 2021By Bhumika Indulia
1 Comment4883 views
Case BriefsHigh Courts

AP HC | Extensive Analysis of Trade Marks Law: Can injunction be granted in case a trade mark falls under ambit of ‘Test of likelihood of confusion or deception’? Read more on Buyer Confusion

Andhra Pradesh High Court: R. Raghunandan Rao, J., addressed a matter wherein the law relating to Trade Mark and Passing off was highlighted

Published on November 26, 2020November 27, 2020By Bhumika Indulia
Leave a comment5272 views
Case BriefsHigh Courts

[Intellectual Property] Bom HC | “Party moving for injunction at eleventh hour must be prepared to face consequences”:Court while refusing to restrain Zee from using “Plex” in new channel

Bombay High Court: G.S. Patel, J., refused to pass an interim injunction restraining Zee Entertainment from using the word “Plex” in its new

Published on October 5, 2020October 9, 2020By Bhumika Indulia
Leave a comment3209 views
Case BriefsHigh Courts

Madras HC | Neither Sunfeast Yippie Noodles nor Maggi Noodles can have monopoly over the words “Magic” and “Masala” as these words are common to the packaged food industry

Madras High Court: While deciding the question that whether the expression “Magic Masala” can qualify as a trademark and that whether it

Published on June 23, 2020June 26, 2020By Bhumika Indulia
Leave a comment3027 views
Case BriefsHigh Courts

Del HC | Facebook, Instagram directed to pull down posts violating trademark ‘DA MILANO’ in terms of IT (Intermediary Guidelines) Rules, 2011

Delhi High Court: Pratibha M. Singh, J. while addressing a petition concerning the protection of the trademark ‘DA MILANO’, issued certain guidelines

Published on September 9, 2019September 11, 2019By Bhumika Indulia
Leave a comment3781 views
Case BriefsHigh Courts

Del HC | Ajanta Pharma injuncted from selling its nutraceutical product GLOTAB in passing off suit brought by Sun Pharma; principles reiterated

Delhi High Court: Pratibha Singh, J., while allowing the suit brought by Sun Pharma Laboratories Ltd., passed an order injuncting Ajanta Pharma Ltd.

Published on May 21, 2019May 23, 2019By Bhumika Indulia
Leave a comment3181 views
Case BriefsHigh Courts

Use of AAJ TAK in name of fortnightly magazine held to be in violation of trademark; injunction granted thereagainst

Delhi High Court: A Single Judge Bench comprising of Jayant Nath, J. passed a permanent injunction decree against the defendants, restraining them

Published on November 19, 2018November 19, 2018By Bhumika Indulia
Leave a comment2942 views
Case BriefsHigh Courts

No copyright over movie titles; bodies registering same should coordinate better to resolve conflicts: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J., while disposing of a suit challenging the use of

Published on September 14, 2018September 18, 2018By Bhumika Indulia
1 Comment3634 views
Op EdsOP. ED.

Evolving contours of passing-off law : Certain salutary developments

by Preetesh Kapur, Advocate, Supreme Court*

Published on August 18, 2018July 20, 2020By Saba
2 Comments8913 views
Case BriefsSupreme Court

No exclusive right in the label mark ‘MALABAR’ for selling biryani rice: SC

Supreme Court: R. Banumathi, J. while delivering the Judgment for herself and Ranjan Gogoi, J. dismissed an appeal filed against the Judgment

Published on July 13, 2018July 25, 2018By Bhumika Indulia
Leave a comment3237 views

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