Trademarks | Intellepedia

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand.

‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

The Delhi High Court ruled on a trademark dispute between ‘Big Dipper’ and ‘Big Deeper,’ setting aside an ex parte injunction. The case centered on the assertion of transborder reputation by importers of the ‘Big Dipper’ mark. The Court relied on precedent to determine that mere global reputation is insufficient to claim trademark protection in India. The matter was remanded for fresh consideration.

Shoes, footwears and deceptive similarity in Trademark law

The Delhi High Court granted a permanent injunction in favor of New Balance Athletics, Inc., restraining Kiran Shoe Company from infringing its trademarks. The Court awarded ₹7,00,000 in damages and costs, emphasizing that the defendant’s actions were deliberate and aimed at leveraging New Balance’s reputation.

Court reiterates importance of protecting consumers from confusion in case of pharma products

The Delhi High Court deliberated a trademark infringement case between Modi MundiPharma and Win Health Pharma. Allegations of deceptively similar trademarks in pharmaceutical products were raised, with the Court emphasizing the risk of consumer confusion. The application to challenge the validity of the defendant’s marks was disposed of, framing key issues on the marks’ invalidity.

“ACTIV” Trademark watch by CASTROL leads to win against deceptively similar mark

The Delhi High Court granted Castrol Limited a permanent injunction and damages for trademark and copyright infringement against defendants marketing deceptively similar lubricants. The judgment highlights the significance of protecting established trademarks and the legal remedies available in Indian courts.

Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

The Delhi High Court has upheld the reputation of VOLVO and FMX trademarks, granting an injunction against unauthorised use by Lamina Suspension Products Ltd. The court recognised VOLVO as a well-known mark and enforced a settlement restricting further misuse.

A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’

The Delhi High Court granted a permanent injunction and damages to JOLLY RANCHER for trademark infringement and passing off by JOKY RAMPER. This decision underscores the importance of protecting trade dress and brand identity in the Indian confectionery market.

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

The Bengaluru Civil Court has permanently restrained former partners of Cothas Coffee from using the mark “COTHA” for coffee businesses, citing trademark infringement and lack of bona fide use. This judgment highlights the legal standards for trademark protection and passing off under Indian law.

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court granted interim relief in a trademark dispute involving “FIGHTER” and “FITTER” for adhesive tapes, finding deceptive similarity. The decision highlights the court’s approach to trademark protection and irreparable harm in such cases.

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court rejected Monster Energy’s trademark application, finding “Energy for the Journey” was generic and lacked distinctiveness. The decision clarifies the legal threshold for trademark registrability under Indian law.