Case Reviews | Intellepedia

Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

The Delhi High Court has ruled in favour of Lacoste, granting a permanent injunction against Crocodile International for trademark infringement in India. The analysis covers prior use, territoriality, and the evidentiary standards in trademark disputes.

Volvo drives home a victory in Trademark ‘Volvo Pump’ dispute

The Delhi High Court has restrained Grasp Engineering from using the VOLVO trademark for pumps, recognising VOLVO as a well-known mark in India. This case highlights the importance of trademark protection and the legal remedies available to established brands.

Use of e-Rickshaw Trademark ‘Yatri’ by Competitor Restrained

The Delhi High Court has issued an injunction restraining the use of the “YATRI” trademark and images by a competitor in the e-rickshaw industry. The decision addresses concerns of trademark infringement and consumer confusion, with further hearings set for January 2025.

Nandini Deluxe v. Hotel Nandini: Court holds that both can continue using their trademarks

The Bengaluru court held that both Nandhini Deluxe and Hotel Nandini can continue using their trademarks as the word Nandini was found to be generic. Neither party proved exclusive rights or trademark infringement, resulting in dismissal of both claims.

Compulsory licensing in copyrights, Al Hamd challenges PPL’s fees

This post examines Al Hamd Tradenation’s challenge to PPL’s license fee structure under Section 31 of the Copyright Act. The Delhi High Court has deferred a final decision, keeping all issues open for future consideration.

VIVO sticks strong against VIVO adhesives, rewarded with well-known trademark status in India

The Delhi High Court declared VIVO a well-known trademark in India after finding infringement and passing off by an adhesive manufacturer. The Court issued a permanent injunction and set out legal criteria for determining well-known status and trademark protection under Indian law.

Court Orders Take Down of Influencer’s Disparaging Videos and Posts about Sugar in Complan

The Delhi High Court ordered an influencer to take down disparaging videos about Complan’s sugar content, finding the statements misleading and damaging to Zydus’ trademark. The court highlighted the responsibility of influencers to ensure accuracy, particularly in health-related content.

VANS obtains injunction against Trademark infringement under John Doe principles

The Delhi District Court granted VANS a permanent injunction against trademark infringement and counterfeiting by Mr. Gopal Goyal under the John Doe principles. The judgment emphasises the protection of trademark rights and the consequences of passing off in India.

“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

The Delhi High Court dismissed L’Oréal’s appeal against the CLARIWASH trademark, finding no deceptive similarity or grounds for cancellation. Procedural errors during examination were not considered sufficient for removal, and the respondent’s prior use was recognised.

Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

The Delhi High Court dismissed Wipro’s appeal against an injunction favouring Himalaya’s prior use of the EVECARE trademark. The court held that prior user rights and likelihood of confusion prevailed over trademark class differences in this passing off case.