No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.

The Delhi High Court dismissed an interim injunction plea, holding that the use of the common surname JINDAL cannot be monopolised under trademark law. The court found no infringement or passing off, as the impugned mark was sufficiently distinct.

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Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits

The Delhi High Court has restrained the use of the TOWER trademark on dry fruits, finding a risk of consumer confusion and breach of a prior undertaking. The order clarifies trademark enforcement boundaries and highlights the importance of respecting agreed limitations in Indian IP disputes.

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The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.

The Delhi High Court remitted the ‘Bharat’ trademark application to the Examiner for reconsideration, focusing on unresolved Section 11(1) objections. The Court clarified that the application must be advertised, preserving the statutory right of third parties to object before registration.

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Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

The Delhi High Court ruled that selling ghee under the mark NOVYA constitutes passing off and infringement of the registered NOVA trademark. The Court’s decision imposed a permanent injunction and penalty on the Defendant for contempt, highlighting the importance of trademark protection in the dairy sector.

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Trademark removal only after notice, and Fly Hi/Timespro Injunctions

This post discusses key Indian trademark cases on removal and injunctions, with courts emphasising notice requirements for removal and granting injunctions against Fly Hi and Timespro infringers. The analysis highlights recent judicial trends in trademark protection.

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Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court has ruled that prosecution history estoppel extends to trademark cases, impacting a party’s rights based on prior representations. Full disclosure of all prosecution material is required in trademark litigation for fair adjudication.

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