Trademarks | Intellepedia

Prior user rights prevail over subsequent registration, reiterates court

Cartoon-style image inspired by the Bollywood song "Saree Ke Fall Sa," featuring a woman (Sonakshi Sinha) in a neon green and pink saree and a man (Shahid Kapoor) in a grey outfit dancing against a blue background. Both are mid-step, with expressive hand gestures. Musical notes on the left include the text “Saree ke Fall ka match kiya re...”

Delhi HC cancels ‘Ragini’ label for deceptive similarity and copied trade dress, upholding prior user rights of ‘Rani’/‘Rachna’ and ordering Section 57 rectification of the register.

Court Grants ex-parte Order in Favor of Designer Gaurav Gupta

Fashion design process illustration showing dress pattern sketches, a designer drawing a dress on paper with sewing tools, and outlines of accessories like bags, shoes, and hats.

The Delhi High Court granted a permanent injunction and damages to Gaurav Gupta after finding willful trademark, copyright, and design infringement by the defendant. The judgment reinforces the legal remedies available to fashion designers in India for protecting their intellectual property rights.

Court cancels 75-Year-Old TRIUMPH Trademark for Non-Use in Favor of Triumph Motorcycles

A red Triumph motorcycle parked on a scenic road with a backdrop of green fields, forest, and majestic mountain ranges under a bright blue sky with scattered clouds.

In the case of Triumph Designs Limited v. Tube Investments of India and Anr., the Calcutta High Court addressed two critical issues: whether the petitioner was a person aggrieved under Section 47 of the Trademarks Act, and whether the TRIUMPH mark had been unused for a statutory period justifying its cancellation.

COFSILS v. DOLOSILS: Delhi HC Rules in Favour of Cipla

Image of two masked people holding bottle and tablet pack each and a masked onlooker observing them in a background with medicines on shelves.

The Delhi High Court granted an interim injunction against Micro Labs, finding DOLOSILS products deceptively similar to Cipla’s COFSILS range in trademark and packaging. The matter proceeds to mediation with controlled stock exhaustion allowed.

Delhi High Court Grants Permanent Injunction in LAHORI ZEERA Trademark Infringement Case

Delhi HC restrains Balaji Foods from using the LAHOR ZEERA mark, upholding Archian Foods’ IP rights over LAHORI ZEERA’s trademark, label, and design.

Injunction in V3 Trademark Dispute Denied Over Unclean Hands

Image of two pair of hands folding clothes and garments on a table.

The Bombay High Court refused interim relief in the V3 trademark dispute, finding both parties had suppressed facts and acted inconsistently. The decision underscores that equitable remedies require parties to come with clean hands.

Aishwarya Rai Gets Court Relief Against Deepfakes, Fake Merchandise, and Online Impersonation

In the case of Aishwarya Rai Bachchan vs Aishwaryaworld.Com, the Delhi High Court restrained several websites, online sellers, and digital content creators from misusing the identity of the celebrity through unauthorised merchandise, websites, AI-generated impersonations, and obscene deepfakes.

When ‘WOW’ Isn’t Your Own: Trademark Infringement Between MOMO and BURGER

Split banner: plate of steamed momos with red chutney vs sesame-seed burger with text “WOW? A MOMO or a BURGER”

The Delhi High Court ruled that generic terms like WOW cannot be exclusively claimed as trademarks without strong secondary meaning. This decision emphasises the need for distinctive elements in branding under Indian trademark law.

Winning the Race for ‘X1’: A Trademark Dispute Resolved

X1-branded jetski races ahead on a track as cars chase.

The Delhi District Court resolved the X1 trademark dispute between Ashish Aggarwal and M/s Racing Promotions Pvt. Ltd by granting a permanent injunction. The judgment upholds the enforceability of trademark rights in sports event branding and addresses issues of infringement, jurisdiction, and profits.

Glucon-D and Glucon-C Trademark Suit: Court Says Pre-Litigation Mediation is Mandatory

In the case of Zydus Wellness Products Ltd. v. Karnal Foods Pack Cluster Limited, involving the trademarks “Glucon-D” and “Glucon-C”, the Himachal Pradesh High Court reiterated that plaintiffs must mandatorily attempt pre-litigation mediation before filing commercial suits, unless there is a clear and justifiable urgency requiring interim relief. The Court examined the timeline of the plaintiff’s actions and found no genuine urgency to bypass the mediation step.