SoEasy shows that it is not always so easy to refuse a mark as laudatory: once the mental-leap test was applied, the SoEasy trademark comfortably cleared the distinctiveness hurdle.
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Indian Express vs New Indian Express: Who Owns The Trademark?
In the case of The Indian Express P Ltd vs Express Publications (Madurai) Pvt Ltd, the Bombay High Court considered the terms of a court-recorded settlement to decide if the Defendant’s use of a permitted title in Mumbai breached trademark rights held by the Plaintiff.
Read more about Indian Express vs New Indian Express: Who Owns The Trademark?UNPLUG YOURSELF Allowed, BOULT Logos Still Blocked
In the case of Exotic Mile vs Imagine Marketing Pvt Ltd, the court considered claims of trademark infringement and passing off in relation to competing marks used for audio devices. It limited interim relief to the scope of the pleadings and clarified the legal position on unpleaded claims.
Read more about UNPLUG YOURSELF Allowed, BOULT Logos Still BlockedShalimar Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed
In the case between Shalimar Chemical Works and Edible Products, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—used for products sold under the Shalimar mark was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off, even if the rival product carried a different brand name.
Read more about Shalimar Coconut Oil Bottle Trade Dress Protection and Injunction ConfirmedCoconut Oil Bottle Trade Dress Protection and Injunction Confirmed
In the case of Edible Products (India) Limited vs Shalimar Chemical Works Private Limited, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off.
Read more about Coconut Oil Bottle Trade Dress Protection and Injunction ConfirmedAceclofenac Marks and the Limits of Exclusivity: The ACECLO Dispute
In the case of ACECLO versus ACECLOHEAL, aceclofenac-derived branding ran into Section 13 and the publici juris problem. Registration didn’t rescue exclusivity, and the visual and market differences did the rest.
Read more about Aceclofenac Marks and the Limits of Exclusivity: The ACECLO DisputeBirkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High Court
In the case of Hermes International & Anr vs Macky Lifestyle Private Limited & Anr, the Delhi High Court examined whether the shape and configuration of the Birkin bag—registered as a three-dimensional mark—met the requirements for being declared a well-known trademark. The court found that the trade dress had acquired widespread recognition in the luxury fashion market among the relevant public making it well known.
Read more about Birkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High CourtNotarized document from a foreign Country must be accepted, says Calcutta High Court in Trademark case
Calcutta HC rules notarized foreign documents valid without apostille in Marriott trademark opposition, reinforcing fair procedure and natural justice.
Read more about Notarized document from a foreign Country must be accepted, says Calcutta High Court in Trademark caseDescriptiveness and Registrability of Composite Marks in Cancellation Proceedings
This post analyses a Delhi High Court decision on the registrability of composite marks in trademark cancellation proceedings. It underscores the importance of assessing marks as a whole and the evidentiary role of continuous use in such disputes.
Read more about Descriptiveness and Registrability of Composite Marks in Cancellation ProceedingsThe Bounce Trademark Dispute: Generic Marks in Salon Services
The Bounce trademark dispute highlights the complexities of enforcing rights over generic marks in the salon industry. The Madras High Court’s interim order underscores the importance of trial evidence in determining exclusivity and infringement in descriptive trademark cases.
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