HIGH COURT DECEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity Leave to Contractual Employee; Marital Rape; Booking.com vs MMT; Appointment of Law Officers and more
A quick legal roundup to cover important stories from all High Courts this week.
trademark infringement
[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use
“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”
Madras HC directs Registrar to cancel trade mark registration granted to Khoday breweries for ‘Red and White’, being similar to well-known mark of Godfrey Phillips
“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”
Delhi High Court discharges contemnors guilty of interfering in the function of Local Commissioner on unconditional apology
The contemnors apologised and stated that the entire incident is quite unfortunate and though facts have been misrepresented before the instant Court, however, they do not intend to disobey the orders of the Court and that the respondents have great respect for the Court.
HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity leave to surrogate mother; 1999 rape & murder case; TN Online Gaming Act; and more
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Blenders Pride v. London Pride | “No prima facie case”; Madhya Pradesh High Court refuses to pass temporary injunction in trademark infringement suit
“A consumer going into the market to purchase premium/ultra-premium whisky will not be confused by the word ‘Pride’ in the name of any brand. The mark has to be compared as a whole.”
[Trade mark Infringement] Madras HC restrains sale of Sunfeast Mom’s Magic butter cookies in blue wrapper, being deceptively similar to Britannia Good day
There will be confusion in the market, especially, in the nature of the product being Cookies, sold in the shelves of supermarkets, any ordinary customer looking at the shelf is bound to be deceived. Therefore, the product of ITC Ltd. is deceptively similar to that of Britannia.
Allahabad HC upholds Trial Court’s interim order restraining a manufacturer from using ‘Musa Ka Gul Super’ Trade Mark
“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”
HIGH COURT OCTOBER 2023 WEEKLY ROUNDUP| Stories on TIPS Copyright Battle; Asian Games 2023; Theos v. Theobroma trade mark battle; and more
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Read why Madras HC granted ad interim injunction in favour of Sangeetha hotels, restraining franchisee from using ‘Geetham’ mark
Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.
HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Teacher-Recruitment scam; Omar Abdullah; Senthil Balaji; Live-in Relationships; and more
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[SANGEETHA v NEW SANGEETHA] Exception of bona fide use of name as trade mark does not extend to the name of spouse: Madras High Court grants permanent injunction
Madras High Court has also granted the plaintiff a decree for permanent injunction restraining the defendant from committing passing off of its restaurant business by using deceptively similar trade mark.
Mirinda v मिरिंडा: Delhi High Court grants injunction in favour of PepsiCo Mirinda for transliteration of its mark in Hindi
Transliteration is the conversion of a text from one script or alphabet to another, as opposed to translation from one language to another. Shorter Oxford Dictionary 5th Edition defines ‘transliteration' as a noun to mean rendering of letters or characters of one alphabet in those of another.
HIGH COURT APRIL 2023 ROUNDUP| 100+ Stories on Aarey Car Shed Project; Kanpur Bar Association Strike; Bhushan Steel scam; Rahul Gandhi’s Defamation Case; and more
A quick legal roundup to cover important stories from all High Courts in April 2023
[Trademark v. Domain Name] Bombay HC holds trademark infringement suit is an action in personam; Court cannot impose a blanket ban on “Swiggy” mark in future
“The Court held that in every case of trademark infringement, the plaintiff claiming infringement of its registered mark is required to claim relief in the context of specific instances of infringement, relatable to individuals against whom orders can be passed by the Court.”
Delhi High Court grants ex-parte ad-interim injunction to American Eagle against Ektarfa Garments in a trademark and copyright infringement suit
Delhi High Court: In a case where application was filed under Order 39 Rules 1 and 2 read with Section
Delhi High Court awards Rs. 20 lakhs costs to Louis Vuitton in a trade mark infringement case against Club Factory
Delhi High Court: In a case where Club Factory was involved in the sale of various unauthorized/ counterfeited products, bearing
The term ‘FLY HIGH’ used by Vistara is common to aviation; Delhi High Court vacates interim injunction granted in favour of Frankfinn
Delhi High Court: In a suit filed by Frankfinn Aviation Services Private Limited (‘plaintiff’) seeking permanent and mandatory injunction restraining
Delhi High Court grants ad interim injunction against Nine Network website for posting defamatory content regarding Oyo Rooms
Delhi High Court: In a suit filed by Oravel Stays Limited doing business as OYO Rooms (plaintiff) is seeking damages
Delhi High Court rules on the application of S. 124 Trade Marks Act, 1999 and the standards of pleadings required to satisfy the ingredients of the provision
Delhi High Court: In an application filed by the plaintiff seeking permission to file rectification/cancellation petition against registrations of Defendant’s