Trademarks | Intellepedia

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.

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.

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.

Trademark 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.

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.

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.

3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

This post analyses recent Indian trademark cases involving 3 Roses, Brooke Bond, Tiche, and Ahuja. It discusses counterfeiting, damages, and wrongful registration issues, providing insights for trademark owners and distributors.

Will a trademark invalidity plea in response to an interim application count for Section 124?

The Madras High Court has clarified that a trademark invalidity plea under Section 124 can be made in documents beyond the written statement, such as counter affidavits in interim applications. This broad interpretation ensures that the right to seek rectification is preserved even if the written statement is forfeited.

Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

This post examines recent trademark cases from the Delhi, Calcutta, and Madras High Courts, focusing on injunctions and rectification. The analysis underlines the significance of registration and consistent trademark use for legal protection in India.

Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

The Madras High Court set aside the refusal of United Foods’ word mark YOYO, allowing amendment to a label mark under Section 91. The matter was remanded for reconsideration, reflecting a practical judicial approach in trademark appeals.