Case Reviews | Intellepedia

Hot Mess? Court says “HOT MIX” is for everyone!

The Delhi District Court ruled that “HOT MIX” is a generic, descriptive term and cannot be exclusively owned. The plaintiff’s claims for trademark infringement and passing off were dismissed, as no likelihood of consumer confusion was established.

Copyright Disputes in Partnerships are Arbitrable

The Madras High Court has clarified that copyright disputes arising within partnerships, particularly as matters of misuse of partnership assets, are arbitrable. This case demonstrates the enforceability of arbitration clauses in partnership deeds for resolving such disputes under Indian law.

Copying of Artistic Architectural Works in Brochure for Advertising Restrained

The Delhi High Court has restrained the use of copyrighted artistic architectural works in a real estate advertising dispute. The court’s interim injunction addresses copyright infringement, passing off, and unfair trade practices, pending further proceedings.

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.