Operation Sindoor
Op EdsOP. ED.

by Stuti Bisht*

Enforce Your Trade Mark
Op EdsOP. ED.

by Divyang Chandan*

Rajasthan High Court
Case BriefsHigh Courts

The Court found that the respondents’ label is a near replica of the appellant’s trademark and design, including the “Swastik” symbol, which has been consistently used by Rajani Products since 1983.

Delhi High Court
Case BriefsHigh Courts

The petitioner has filed an affidavit of the authorized representative of an independent investigating agency to support its averments regarding non-use of the impugned mark by Respondent 1 in relation to the services in class 35 for nearly 8 years up to the date of filing of the present petition.

Delhi High Court
Case BriefsHigh Courts

The marks INDIA GATE and BHARAT GATE convey the same meaning and the difference in trade dress between the marks as visually depicted on the packages of the appellant’s and respondent’s products would not mitigate the confusion created by the infringement.

Groundless Threats of Legal Proceedings
Op EdsOP. ED.

by Jawad Shaikh* and Aparna Chaturvedi**

Bombay High Court
Case BriefsHigh Courts

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).

Delhi High Court
Case BriefsHigh Courts

No plausible explanation was provided by the defendants as to why the trade mark ‘AMUL’ was adopted. No written statement was filed on behalf of the defendants. The conduct of the defendants highlighted their mala fide and dishonesty in adopting the same mark, as that of the plaintiffs’.

Delhi High Court
Case BriefsHigh Courts

“An average consumer with an imperfect recollection is likely to be deceived into thinking that the plaintiff has opened a new ‘SOCIAL’ outlet in Vadodara, Gujarat where the defendant is operating its outlet.”

Delhi High Court
Case BriefsHigh Courts

The term “Aashiqui” does not describe the general category of goods or services (films) but instead functions as a distinctive brand identifier for the Aashiqui Franchise.

Calcutta High Court
Case BriefsHigh Courts

The Registrar dealing with an application under the Trade Marks Act is a quasi-judicial and delegation of power under Section 3(2) is an administrative power and as such the Associate Managers are not empowered to pass quasi-judicial orders.

Bombay High Court
Case BriefsHigh Courts

The Court stated that physicians, doctors, and chemists are knowledgeable in their field, however they are not infallible, and in respect of medicinal and pharmaceutical products there cannot be any leeway for mistakes, since even a possibility of a mistake may prove fatal to the consumers.

Delhi High Court
Case BriefsHigh Courts

Notwithstanding the abolition of IPAB and the power of rectification reverting to the High Court, a Trial Judge would have to stay in its hands once it is apprised of pendency of a rectification.

Calcutta High Court
Case BriefsHigh Courts

Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”

Delhi High Court
Case BriefsHigh Courts

“What is striking, in this case, is that Respondent 1 has produced no document whatsoever which would prove their use since 1957, as claimed.”

Delhi High Court
Case BriefsHigh Courts

“The risk of having others bona fide using ‘JINDAL’ as a name for their products, and in the marks used on their products, is a risk that plaintiff consciously took, when it obtained registration of the mark ‘JINDAL’.”

Delhi High Court
Case BriefsHigh Courts

“Balance of convenience lies in favour of plaintiff, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”

letters patent appeal
Op EdsOP. ED.

by Aditya Rajagopal†

delhi high court
Case BriefsHigh Courts

“The terminus ad quem, by which date the plaintiff has to prove the acquisition of the requisite goodwill and reputation for a plea of passing off to succeed, is the date of commencement, by the defendant, of the rival mark.”

madras high court
Case BriefsHigh Courts

Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.