Can trademark rights exist even without continuous commercial use?
Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.
Trademarks
817 articles
Prior user rights prevail over subsequent registration, reiterates court
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
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…
Court cancels 75-Year-Old TRIUMPH Trademark for Non-Use in Favor of Triumph Motorcycles
In the case of Triumph Designs Limited v. Tube Investments of India and Anr., the Calcutta High Court addressed two critical issues: whether the petitioner was a person…
COFSILS v. DOLOSILS: Delhi HC Rules in Favour of Cipla
The Delhi High Court granted an interim injunction against Micro Labs, finding DOLOSILS products deceptively similar to Cipla’s COFSILS range in trademark and packaging. The matter proceeds to…
Delhi High Court Grants Permanent Injunction in LAHORI ZEERA Trademark Infringement Case
Delhi HC restrains Balaji Foods from using the LAHOR ZEERA mark, upholding Archian Foods’ IP rights over LAHORI ZEERA’s trademark, label, and design.
Injunction in V3 Trademark Dispute Denied Over Unclean Hands
The Bombay High Court refused interim relief in the V3 trademark dispute, finding both parties had suppressed facts and acted inconsistently. The decision underscores that equitable remedies require…
Aishwarya Rai Gets Court Relief Against Deepfakes, Fake Merchandise, and Online Impersonation
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…
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…
Winning 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…