BLUE JAYS vs BLUE-JAY: Delhi HC on Bad Faith and Trans-Border Goodwill
In Mr. Sumit Vijay & Anr. v. Major League Baseball Properties Inc. & Anr., the Delhi High Court clarified that global fame alone does not establish trademark rights…
Trademarks
833 articles
“Little Hearts”, Big Infringement: Delhi HC Injunction
An ad interim injunction was granted by the Delhi High Court in a dispute concerning the “Little Hearts” mark, 3D biscuit shape, trade dress and product images. Amazon…
From Fine Dining to Trademark Fighting: The Dakshin Breakup Story
In the case of ITC Limited & Anr. vs Adyar Gate Hotels Limited, the court declined to restrain a former collaborator from using the restaurant brand ‘DAKSHIN’. Despite…
SoEasy™: Not So Easy to Trademark
SoEasy shows that it is not always so easy to refuse a mark as laudatory: once the mental-leap test was applied, the SoEasy trademark comfortably cleared the distinctiveness…
Indian Express vs New Indian Express: Who Owns The Trademark?
In the case of The Indian Express P Ltd vs Express Publications (Madurai) Pvt Ltd, the Bombay High Court considered the terms of a court-recorded settlement to decide…
UNPLUG YOURSELF Allowed, BOULT Logos Still Blocked
In the case of Exotic Mile vs Imagine Marketing Pvt Ltd, the court considered claims of trademark infringement and passing off in relation to competing marks used for…
Shalimar Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed
In the case between Shalimar Chemical Works and Edible Products, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—used…
Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed
In the case of Edible Products (India) Limited vs Shalimar Chemical Works Private Limited, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape,…
Aceclofenac Marks and the Limits of Exclusivity: The ACECLO Dispute
In the case of ACECLO versus ACECLOHEAL, aceclofenac-derived branding ran into Section 13 and the publici juris problem. Registration didn’t rescue exclusivity, and the visual and market differences…
Birkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High Court
In the case of Hermes International & Anr vs Macky Lifestyle Private Limited & Anr, the Delhi High Court examined whether the shape and configuration of the Birkin…