The Delhi High Court dismissed Wipro’s appeal against an injunction favouring Himalaya’s prior use of the EVECARE trademark. The court held that prior user rights and likelihood of confusion prevailed over trademark class differences in this passing off case.
Read more about Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class DifferentiationCategory: Trademarks
Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High Court
The Bombay High Court has restrained the circulation of Ensure Diabetes Care’s advertisement for disparaging Horlicks Diabetes Plus. The ruling addresses the limits of comparative advertising and highlights key principles concerning disparagement and intellectual property rights in India.
Read more about Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High CourtPassing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court
The Calcutta High Court protected the ‘LUX’ trademark in a passing off suit, granting a permanent injunction against the Defendant. This case underscores the significance of prior use and goodwill in trademark disputes.
Read more about Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High CourtGood Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement
The Delhi High Court affirmed an interim injunction against Rasayanam for using packaging deceptively similar to Upakarma’s registered trademark for Shilajit. The Court reiterated that overall trade dress similarity can lead to consumer confusion, justifying continued restraint at the interim stage.
Read more about Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringementPharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’
The Delhi High Court has permanently restrained Bio Logic from using the AMUL trademark on pharmaceutical products, recognising deliberate infringement and consumer confusion. Kaira District Cooperative Milk Producers secured damages and an order for destruction of infringing goods.
Read more about Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use
The Delhi High Court has cancelled the ‘PRIME’ trademark registration for salt due to Koteshwar Chemfood’s prior and continuous use. The court found non-use by the registrant for salt and ordered the rectification of the trademark registration.
Read more about ‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous UseFlipkart’s Latching On Feature and Trademark Passing Off
This case note discusses how the Delhi High Court addressed trademark passing off arising from Flipkart’s latching on feature. The court’s directions mandate brand gating to protect trademark owners from unauthorized sellers.
Read more about Flipkart’s Latching On Feature and Trademark Passing Off“Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!
The Delhi High Court granted an interim injunction in favour of Himalaya, finding AB Allcare’s use of Liv-40 and similar trade dress to be deceptively similar to Liv.52. This case highlights critical aspects of trademark and trade dress protection in India.
Read more about “Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!Court Bans infringers from infringing “RAY-BAN”
The Delhi Court restrained Iswar Opticals and others from using marks deceptively similar to Ray-Ban, upholding Luxottica’s trademark rights. The judgment underscores the legal framework protecting famous marks against counterfeiting and passing off in India.
Read more about Court Bans infringers from infringing “RAY-BAN”Fake Headsets? Not on Samsung’s Watch: Court Issues Permanent Injunction
The Delhi District Court granted a permanent injunction to Samsung against sellers of counterfeit headsets for trademark infringement and passing off. The judgment underscores the legal remedies available for brand protection in India.
Read more about Fake Headsets? Not on Samsung’s Watch: Court Issues Permanent Injunction