Who is the best POSTMAN?
A two-decade fight between the Oomerbhoy family's 'POSTMAN' groundnut oil brand and a rival's 'Super Postman' mark reached the Delhi High Court, testing abandonment, deceptive similarity, and rectification.…
Trademarks
817 articles
Bimbo v. Bimbo: When Both Sides Waited Too Long
In the case of Bristol Bakery v. Grupo Bimbo S.A.B. de C.V., the fight was not merely about who used BIMBO first. It was also about who acted…
One Letter Short of Original: A SUPREME Trademark infringement
The Supreme Industries Limited took on a PVC pipe maker’s registered “SUPREMES GOLD” mark before the Bombay High Court, testing whether a single added letter could defeat a…
AI, Trademarks and the Young Lawyer’s Chance to Start Up
In 2003/04, the author started an IP firm as a fresh law graduate with no experience, based on the belief that technology and business focused IP services could…
ITC’s Dakshin Restaurant Case: Too Much Trademark Spice, Too Little Copyright Proof
In the case of ITC Limited and Anr. v. Adyar Gate Hotels Limited, the dispute arose from a restaurant that carried the same name through a long hotel…
Use It or Lose It: Prior Use Trademark India Principles Seal FIELDMARSHAL Victory for PM Diesels
In a dispute stretching over four decades, the Delhi High Court ruled on the battle between PM Diesels Private Limited and Thukral Mechanical Works over the FIELDMARSHAL trademark…
Don’t Mess with the Don: Delhi HC Protects the GODFATHER Trademark
When Cartel Bros launched a Sanjay Dutt-endorsed whisky carrying the GODFATHER trademark, Devans Modern Breweries, owner of the mark for 40 years, went to court. The Delhi High…
Flying Under False Colours: Trademark Passing Off between Registered Mark Owners
When both Reckitt Benckiser India and Sauss Home Products hold registered "Flying Bird" device marks for cleaning products, infringement claims cancel out, making trademark passing off the only…
Rule 45 Evidence Gets Breathing Time in Trademark Proceedings
In the case of Black Diamond Motors Pvt. Ltd. v. Registrar of Trade Marks, Mumbai, the Bombay High Court answered a practical question that often arises in trademark…
Old Invoices, New Trouble: Prior Use Trumps Registration in ATHERMAL Case
In a dispute over the mark ATHERMAL used on welding safety goods, the Delhi High Court set aside a trial court interim injunction against Amit Bansal, finding that…