Trademarks | Intellepedia

Trademark Trouble Brewing: What ‘COX 5001’ Got Wrong About ‘HAYWARDS 5000′

A bottle of Haywards 5000 beer placed centrally on a rustic stone table, surrounded by ripe red tomatoes, herbs, and a metal pot, styled like a still-life painting with warm, earthy tones.

Bombay High Court grants AB Inbev a permanent injunction against Jagpin’s “COX 5001” mark, ruling it infringes the “HAYWARDS 5000” and “FIVE THOUSAND” trademarks.

Himalaya Trademark Infringement: Delhi HC Grants Injunction

Medicinal plants and mortar pestles, set in a light green background below the text, 'Himalaya Trademark Infringement– Delhi High Court'

The Delhi High Court granted an interim injunction to Himalaya Wellness, restraining Greenland Trading from using deceptively similar marks for ayurvedic products. The Court found a clear risk of consumer confusion and dilution of the well-known HIMALAYA trademark.

Delhi HC Grants Injunction in Adidas Counterfeit Socks Case

Black and white socks in black background with the title 'Adidas Counterfeit Socks Case' written in bold white font.

The Delhi High Court granted an ex-parte injunction to Adidas in a trademark infringement and passing-off case concerning counterfeit socks. The Court also appointed a Local Commissioner for seizure and inspection, reinforcing strong protection against IP violations.

BADAL Trademark Rectification and Assignment Fraud

A magnifying glass and a pen placed over a document titled Trademark Assignment Agreement.

The Delhi High Court rejected a rectification petition challenging the assignment of the BADAL trademark on grounds of alleged fraud. The Court held that the Petitioner did not submit sufficient evidence to prove fraud or invalidate the registration, upholding the mark’s validity.

Order of the Rose: Sets Olfactory Trademark Standards

This note summarizes the Trade Marks Registry’s ‘Order of the Rose’ on registration of an olfactory trademark in India for rose-scented tyres. It explains the objections, the IIIT Allahabad graphical model and the Registrar’s reasoning on distinctiveness under the Trade Marks Act, 1999.

Premji Invest Secures Dynamic Injunction against Fraudsters

Digital security shield protecting against fraudulent websites, symbolizing court-ordered dynamic injunction measures to block deceptive domains.

The Delhi High Court granted Premji Invest a dynamic injunction to counteract ongoing impersonation and intellectual property fraud. The order allows real-time blocking of deceptive websites and apps, ensuring robust protection for both the business and the public.

Dispute Over a Flower: Goodwill in Relevant Trade

An abstract colourful background with the silhouette of two hands reaching out to a tulip flower in the middle.

The Delhi High Court clarified that prior trademark use is insufficient without proven goodwill in relevant trade or market. The decision in Suparshva Swabs v AGN International highlights the importance of market-specific reputation for passing off claims and sets clear boundaries for allied goods in trademark disputes.

Carnatic Karma: Bengaluru Restaurant Barred from Using ‘Carnatic’ Mark

A lively, illustrated street scene with several small cafés and people dining outdoors

The Delhi Commercial Court ruled in favour of Carnatic Café in a trademark dispute with a Bengaluru restaurant using “CARNATIC.” The Court found clear infringement and upheld the plaintiff’s exclusive rights, awarding damages and making the injunction permanent.

Intra-Court Appeals Not Maintainable in Trademark Appeals: Calcutta High Court Interprets Section 100A CPC

In the case of Glorious Investment Limited vs Dunlop International Limited & Anr., the Calcutta High Court ruled that no intra-court appeal lies against an order of a Single Judge made under Section 91 of the Trade Marks Act. The court held that once a Single Judge exercises appellate jurisdiction under the Act, a further appeal is barred by Section 100A of the Civil Procedure Code.

Promodome Trademark Dispute: Ex-Parte Injunction Granted

Colourful collage of words and the text 'Promodome Communication Secures Ex-Parte Injunction Against Promodome Digital' in white towards the right

The Delhi High Court granted an ex-parte injunction in favour of Promodome Communication Private Limited, restraining the defendant from using identical marks and domain names. The decision highlights the Court’s handling of clear-cut trademark infringement and passing off matters.