The Madras High Court has ruled in favour of Prakash Ferrous Industries, granting them an injunction over the TIRUMALA trademark for TMT steel bars. The judgment reinforces the importance of prior use and documentary proof in Indian trademark law.
Read more about Thou shall not ‘STEEL’ a trademark, says courtCategory: Trademarks
Rebanta Healthcare gets hurt in fight over the mark “REBAHEAL”
The Delhi High Court has issued an interim order restraining Rebanta Healthcare from using the REBAHEAL mark following a trademark infringement suit by Dr. Reddy’s. The court found the marks identical, raising concerns of public confusion and health risks.
Read more about Rebanta Healthcare gets hurt in fight over the mark “REBAHEAL”DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received
The Delhi High Court set aside the refusal of the DISPOWAY trademark application due to non-receipt of the hearing notice. The case has been remanded for a fresh hearing and correction of the application’s status.
Read more about DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not ReceivedJumbo Tramples Haathi Trademark Registration
The Calcutta High Court set aside the Registrar’s decision in a trademark dispute involving similar elephant marks for tea products. The court held that the respondent’s mark was deceptively similar to Girnar’s well-known “JUMBO” mark and allowed Girnar’s appeal.
Read more about Jumbo Tramples Haathi Trademark RegistrationIndian IP Office Orders Re-evaluation of Trademark Applications
The Indian IP Office has initiated a re-evaluation of trademark applications handled by QCI-appointed officers. This two-tier review seeks legal compliance and swift resolution, with designated officers and IT support ensuring accountability and efficiency.
Read more about Indian IP Office Orders Re-evaluation of Trademark ApplicationsEvaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion
The Gujarat High Court clarified that trademark infringement requires a holistic comparison of marks and their respective goods or services. The court found no likelihood of confusion between Unisn and Unison, highlighting the need to consider all circumstances and the anti-dissection rule in such cases.
Read more about Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of ConfusionFull and Transparent Disclosure of Material Facts for Ex-parte Injunctions
The Bombay High Court vacated an ex-parte injunction in a trademark dispute due to Atyati’s suppression of material facts regarding Cognizant’s prior logo use. This decision reiterates the necessity for full and transparent disclosure in ex-parte proceedings.
Read more about Full and Transparent Disclosure of Material Facts for Ex-parte InjunctionsNovartis says No to Novarish
The Bombay High Court granted Novartis an injunction against Novarish Healthcare for trademark infringement and passing off. The court found the marks deceptively similar and protected Novartis’s established rights under Indian IP law.
Read more about Novartis says No to NovarishDid Emerge Classes’ mark fail the ‘passing off’ test?
The Jammu and Kashmir High Court upheld an injunction against Emerge Classes in a trademark passing off dispute, emphasising goodwill and deceptive similarity. The Court found that overall similarity between the marks was likely to cause confusion among students.
Read more about Did Emerge Classes’ mark fail the ‘passing off’ test?Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress
The Delhi High Court granted an injunction against Qpharm for using deceptively similar packaging and trade dress to Glaxo’s products. This case illustrates the enforcement of trade dress rights and legal remedies available for trademark infringement and passing off in the Indian pharmaceutical industry.
Read more about Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress