Trademarks | Intellepedia

“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.

Hot Mess? Court says “HOT MIX” is for everyone!

The Delhi District Court ruled that “HOT MIX” is a generic, descriptive term and cannot be exclusively owned. The plaintiff’s claims for trademark infringement and passing off were dismissed, as no likelihood of consumer confusion was established.

Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

The Delhi High Court has ruled in favour of Lacoste, granting a permanent injunction against Crocodile International for trademark infringement in India. The analysis covers prior use, territoriality, and the evidentiary standards in trademark disputes.

Volvo drives home a victory in Trademark ‘Volvo Pump’ dispute

The Delhi High Court has restrained Grasp Engineering from using the VOLVO trademark for pumps, recognising VOLVO as a well-known mark in India. This case highlights the importance of trademark protection and the legal remedies available to established brands.