Trademarks | Intellepedia

Rummy Culture and Gameskraft Trademarks: Order to Take Down Infringing Online Gaming Websites and Apps

The Delhi High Court has issued an interim injunction in favour of Gameskraft, restricting infringing online gaming websites from using the RummyCulture and Gameskraft marks. The order addresses trademark and copyright violations, mandating takedown and domain blocking measures.

Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

The Sankalp Constructions vs Shankalp Associates judgment addresses trademark infringement and passing off allegations in the real estate industry. The Court dismissed the suit, emphasising the need for evidence of deceptive similarity and actual confusion.

Nike swooshes away trademark infringers, comes out All Stars

The Delhi District Court has awarded Nike a permanent injunction and exemplary damages in a trademark infringement suit involving the misuse of its well-known marks. This case highlights the legal standards for infringement and passing off in India, offering crucial insights for brand protection.

“VARUN” scoops up an icy win against “ARUN”, court affirms co-existence of Trademarks

The Madras High Court upheld the coexistence of ARUN and VARUN trademarks, citing lack of evidence of confusion and acquired distinctiveness. The petition for cancellation of the VARUN mark was dismissed, allowing both marks to remain in use.

Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

The Calcutta High Court clarified that resale of lawfully acquired TMT bars does not infringe trademark rights if the goods are unaltered and obtained from authorized distributors. This case sets important precedent on the application of trademark exhaustion under Indian law.

CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

The Madras High Court ruled that Coimbatore Institute of Technology’s prior use entitled it to exclusive rights over the CIT trademark. The court ordered the removal of the respondent’s registration, highlighting the importance of distinctiveness and transparency in trademark disputes.

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

The Madras High Court dismissed Scrum Alliance’s petition for rectification of the CSM trademark, citing insufficient proof of prior use and upholding honest and concurrent use by the respondent. The decision clarifies the application of Section 34 of the Trade Marks Act regarding concurrent rights.

Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

The Delhi High Court has restrained the fraudulent use of the ‘TAJ’ hotel trademark and awarded damages to Indian Hotels Company Limited. This case highlights the court’s approach to trademark and copyright infringement in India’s hospitality sector.

Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

The Delhi High Court held that without a written agreement, trademarks cannot be assigned in family disputes. The court restored exclusive rights to the registered proprietor, reinforcing the importance of proper legal documentation for trademark transfers in India.

Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

The Madras High Court cancelled the SUGUNA trademark registration for grinders, favouring prior user rights of the petitioners with established goodwill since 1959. The respondent’s claims of honest concurrent use were rejected due to insufficient evidence.