Non-use of trademark is not a valid defense against injunction
The Delhi High Court ruled that non-use of a trademark does not automatically bar injunctive relief if deceptive similarity and consumer confusion are present. The Court emphasized that…
Trademarks
825 articles
No more ‘Social’izing for Social chai
The Delhi High Court has restrained Social Chai from using the "SOCIAL" mark, finding trademark infringement and a likelihood of consumer confusion. The dispute highlights the importance of…
Exacting Standards for Pharma Trademarks and their Dominant Parts
The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and…
Well-known mark not a pre-requisite for grant of relief against infringement
This post discusses a Delhi High Court decision on trademark infringement involving the mark "PEBBLE" used by V Guard and Crompton. The Court held that a well-known mark…
Citing gross delay and strong likelihood of confusion, court refuses CEAT’s appeal
The Delhi High Court dismissed CEAT’s appeal against the refusal of its FARMAX trademark, citing substantial delay and likelihood of confusion with prior marks. The court found the…
A.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?
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…
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…
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…
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…
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…