Trademarks | Intellepedia

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

The Madras High Court dismissed Scrum Alliance’s petition for rectification of the CSM trademark, citing insufficient proof of prior use and upholding honest and concurrent use by the respondent. The decision clarifies the application of Section 34 of the Trade Marks Act regarding concurrent rights.

Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

The Delhi High Court has restrained the fraudulent use of the ‘TAJ’ hotel trademark and awarded damages to Indian Hotels Company Limited. This case highlights the court’s approach to trademark and copyright infringement in India’s hospitality sector.

Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

The Delhi High Court held that without a written agreement, trademarks cannot be assigned in family disputes. The court restored exclusive rights to the registered proprietor, reinforcing the importance of proper legal documentation for trademark transfers in India.

Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

The Madras High Court cancelled the SUGUNA trademark registration for grinders, favouring prior user rights of the petitioners with established goodwill since 1959. The respondent’s claims of honest concurrent use were rejected due to insufficient evidence.

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.

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.

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.