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.
Read more about Aishwarya Rai Gets Court Relief Against Deepfakes, Fake Merchandise, and Online ImpersonationCategory: Trademarks
When ‘WOW’ Isn’t Your Own: Trademark Infringement Between MOMO and 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.
Read more about When ‘WOW’ Isn’t Your Own: Trademark Infringement Between MOMO and BURGERWinning the Race for ‘X1’: A Trademark Dispute Resolved
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.
Read more about Winning the Race for ‘X1’: A Trademark Dispute ResolvedGlucon-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.
Read more about Glucon-D and Glucon-C Trademark Suit: Court Says Pre-Litigation Mediation is MandatoryNo Trademark Infringement by Registered Proprietor
The Bombay High Court ruled that no trademark infringement or passing off was established against the registered proprietor of KARPURE and AIR KARPURE. The Court found the marks and trade dress sufficiently distinct, dismissing the Plaintiff’s claim for interim relief.
Read more about No Trademark Infringement by Registered ProprietorActor Vijay’s Tamilaga Vettri Kazhagam Flag Use Allowed as Court Finds No Prima Facie Trademark or Copyright Violation
In the case of G B Pachaiyappan vs Tamilaga Vettri Kazhagam, the Madras High Court addressed claims of trade mark infringement, copyright infringement, and passing off against a political party over its use of a flag allegedly similar to one adopted earlier by a social trust. The court declined to grant interim injunctions.
Read more about Actor Vijay’s Tamilaga Vettri Kazhagam Flag Use Allowed as Court Finds No Prima Facie Trademark or Copyright ViolationYatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says Court
In the case of Yatra Online Limited v. Mach Conferences and Events Limited, the Delhi High Court examined whether a travel company could claim exclusive rights over the term ‘YATRA’. Concluding that the mark was descriptive and not distinctive, the Court refused to restrain the defendant from using a similar mark.
Read more about Yatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says CourtNewer ‘Blue-Jay’ Mark knocked off the League
The Delhi High Court has struck down the ‘BLUE-JAY’ trademark, siding with Major League Baseball against PMS Creations. The Court held that MLB’s prior use and transborder reputation trumped the respondents’ registration, which was tainted by dishonesty and bad faith.
Read more about Newer ‘Blue-Jay’ Mark knocked off the LeagueTrademark Pride and Precedent: Blenders Pride, London Pride, and Imperial Blue on the Rocks
In the case of Pernod Ricard India Pvt Ltd vs Karanveer Singh Chhabra, the Supreme Court of India considered whether the respondent’s use of the mark “LONDON PRIDE” for whisky prima facie amounted to trademark infringement and passing off. The appellants alleged that the respondent copied elements of their registered marks “BLENDERS PRIDE”, “IMPERIAL BLUE”, and “SEAGRAM’S”, including their packaging, colour scheme, and embossed bottles. After reviewing the arguments and legal framework, the Court declined to grant interim relief, holding that the marks were not deceptively similar and that the term “PRIDE” could not be monopolised.
Read more about Trademark Pride and Precedent: Blenders Pride, London Pride, and Imperial Blue on the RocksDelhi High Court Remands Trademark Applications for Re-Examination
In the case of M/s Kamdhenu Limited v. Union of India & Ors., the Delhi High Court exercised suo moto jurisdiction under Article 226 to address procedural lapses by the Trade Marks Registry in accepting trademark applications. The Court found omissions in the Search Reports and noted the lack of application of mind by the Registry, prompting remand of the applications for fresh examination.
Read more about Delhi High Court Remands Trademark Applications for Re-Examination