The Delhi High Court addressed trademark infringement claims over the use of ‘Smith’ for identical water purification products. The decision highlights the assessment of dominant trademark elements and the likelihood of confusion among Indian consumers.
Read more about A.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?Category: Trademarks
Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User
The Delhi High Court has ruled that the FIELDMARSHAL trademark belongs to PM Diesel, recognising its prior, continuous, and legitimate use. Thukral’s claims were dismissed, and reliefs including actual litigation costs and registration of pending applications were granted to PM Diesel.
Read more about Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate UserNo 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.
Read more about No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.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.
Read more about Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruitsThe 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.
Read more about The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases
This post discusses recent High Court decisions on trademark infringement, stay of suit, and damages in India. It offers an objective analysis of key legal principles and practical implications for trademark litigation.
Read more about The changing dynamics of Infringement, Stay of Suit and damages in Trademark CasesUse 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.
Read more about Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”Injunction against use of Kalyan and Kalyan Jewellers Trademarks
The Madras High Court granted an injunction against the use of Kalyan and Kalyan Jewellers trademarks, addressing a domain name dispute involving kalyanjewellers.com. The judgment reinforces protection for trademark owners in India.
Read more about Injunction against use of Kalyan and Kalyan Jewellers TrademarksTrademark refusal without notice and ‘40’ suffix similarity
Two recent Delhi High Court rulings clarify the consequences of unserved opposition notices and the assessment of trademark similarity based on numeric suffixes. The post analyses both decisions and discusses the procedural challenges in Indian trademark law.
Read more about Trademark refusal without notice and ‘40’ suffix similarityTrademark 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.
Read more about Trademark removal only after notice, and Fly Hi/Timespro Injunctions