Trademarks | Intellepedia

Dispute Over a Flower: Goodwill in Relevant Trade

An abstract colourful background with the silhouette of two hands reaching out to a tulip flower in the middle.

The Delhi High Court clarified that prior trademark use is insufficient without proven goodwill in relevant trade or market. The decision in Suparshva Swabs v AGN International highlights the importance of market-specific reputation for passing off claims and sets clear boundaries for allied goods in trademark disputes.

Carnatic Karma: Bengaluru Restaurant Barred from Using ‘Carnatic’ Mark

A lively, illustrated street scene with several small cafés and people dining outdoors

The Delhi Commercial Court ruled in favour of Carnatic Café in a trademark dispute with a Bengaluru restaurant using “CARNATIC.” The Court found clear infringement and upheld the plaintiff’s exclusive rights, awarding damages and making the injunction permanent.

Intra-Court Appeals Not Maintainable in Trademark Appeals: Calcutta High Court Interprets Section 100A CPC

In the case of Glorious Investment Limited vs Dunlop International Limited & Anr., the Calcutta High Court ruled that no intra-court appeal lies against an order of a Single Judge made under Section 91 of the Trade Marks Act. The court held that once a Single Judge exercises appellate jurisdiction under the Act, a further appeal is barred by Section 100A of the Civil Procedure Code.

Promodome Trademark Dispute: Ex-Parte Injunction Granted

Colourful collage of words and the text 'Promodome Communication Secures Ex-Parte Injunction Against Promodome Digital' in white towards the right

The Delhi High Court granted an ex-parte injunction in favour of Promodome Communication Private Limited, restraining the defendant from using identical marks and domain names. The decision highlights the Court’s handling of clear-cut trademark infringement and passing off matters.

Court Upholds Hi-Tech Arai’s Claim In HTA Trademark Dispute

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The Delhi High Court upheld Hi-Tech Arai’s claim in the HTA trademark dispute, granting an interim injunction against the defendants for dishonest adoption and use of fabricated evidence. The decision emphasises the significance of continuous and bona fide use in Indian trademark law.

Come On Barbie, Let Us Stop the Trademark Party

In the case of Mattel, Inc. vs. Padum Borah & Ors, the Delhi High Court barred the use of the word ‘BARBIE’ by a hospitality business, holding that the use of the iconic trademark for unrelated services was likely to cause confusion and dilute the brand. The Court observed that the Defendant’s use of identical marks with stylized pink logos constituted dishonest adoption and granted an injunction to protect the Plaintiff’s rights.

Court Orders Destruction of Counterfeit Tommy Hilfiger Goods

Image of person inspecting watches in a market background, with the texts, 'Original or Fake?' in the left and 'Court Orders Destruction of Counterfeit Tommy Hilfiger Goods' in the right.

The Delhi court granted a permanent injunction against the sale of counterfeit Tommy Hilfiger goods, ordering destruction of seized products. The decision highlights the application of trademark law in protecting brand owners from infringement and counterfeit activities in India.

Can trademark rights exist even without continuous commercial use?

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Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.

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.