Delhi High Court declares Toyota’s “ALPHARD” a well-known trade mark in India
The Court ordered removal of identical “ALPHARD” registrations, recognising Toyota’s trans-border reputation and spillover goodwill in India.
The Court ordered removal of identical “ALPHARD” registrations, recognising Toyota’s trans-border reputation and spillover goodwill in India.
A quick legal roundup to cover important stories of April 2026 on Intellectual Property Rights from all High Courts; covering key updates on Personality Rights, Trade mark and Copyright infringement.
The Court stated that it is open for the intermediaries to communicate with the YouTubers to adjust their accounts to remove infringing content. A large following or long-standing channel is no defence unless prior use before the National Stock Exchange (NSE) can be proven.
Minor differences and addition of house mark cannot outweigh phonetic and structural similarity between competing marks.
A quick legal roundup to cover important stories of March 2026 on Intellectual Property Rights from all High Courts; covering key updates on Domain name fraud, Trade mark and Copyright infringement.
“It cannot be lost sight of the fact that the kind of consumer who would purchase these infringing goods would not enter into a detailed enquiry as to whether these infringing products are genuinely those of the plaintiff or not. The plaintiff is most likely to suffer on financial account too.”
A quick legal roundup to cover important stories of February 2026 on Intellectual Property Rights from all High Courts; covering key updates on Personality Rights, Trade mark and Copyright infringement.
“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.”
“Where a word constitutes a prominent and essential part of a registered composite/label mark, the unauthorised use of that word would amount to infringement within the meaning of Section 29(9) of the Trade Marks Act.”
The plaintiffs submitted that they had been using their distinctive logo with the word AAJ TAK written in hindi in white color against a red background with a black outline since 1995 and it had acquired a secondary meaning.
“The recognition accorded to the SOCIAL mark by industry associations in India and consistent enforcement of the plaintiff’s rights in the mark before the Courts in India reinforces the mark’s distinctiveness and reputation.”
“Well settled principles for assessing the deceptive similarity lays emphasis on visual appearance as well as the phonetic similarity i.e. that the marks have to be judged by the eye as well as the ear.”
“The Defendants shall each pay a sum of Rs. 5 Lakhs as costs to the Plaintiff within a period of 8 weeks from today.”
“Both the restaurants are premium restaurants which would obviously cater to a distinct well informed and well-educated consumer base and the likelihood of confusion is bleak in such cases.”
“Where explanation for adoption of the mark is not honest and there are two different versions with different reasons and which reasons themselves are not proved, such explanation should be disregarded on the principle that things speaks for themselves.”
“The plaintiffs are the prior adopters and long-standing users of the subject mark ‘HIMALAYA’ since 1930 in connection with ayurvedic, wellness, pharmaceutical and personal care products.”
“Substituting ‘K’ with ‘M’ to form ‘GOLD FLAME’ from ‘GOLD FLAKE’ does not make the competing Marks dissimilar. A consumer of average intelligence and imperfect recollection or not well-versed in English would be unable to distinguish between the competing products.”
Freecia Professional is a cosmetic company selling facial kits under the house mark ‘PROADS’ similar to the plaintiff’s O 3+ range.
“This Court came to a prima facie finding of overall deceptive similarity in the rival marks and that the impugned marks and the artwork adopted by the defendant is deceptively and confusingly similar to that of the Asian Paint Ltd.’s mark.”
“The proprietary right of the plaintiff in the registered trade mark ‘GOLD FLAKE’ was prima facie demonstrated through the registrations and uninterrupted use since 1905, and its reputation and goodwill were evident from the sales turnover and the leading presence in the cigarette manufacturing industry.”