The Madras High Court resolved a trademark dispute between M/s. The Southern India Exporting Company and M/s. The Classic Fireworks Industries, ruling that the ‘Eagle’ mark held prior rights over ‘Garuda.’ The Court found that the marks’ similarities could confuse consumers and rejected claims of acquiescence.
Read more about Classic Fireworks’ Trademark goes up in smoke, Eagle wins over GarudaTag: Deceptive Similarity
ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes
ITC Limited, the owner of the “Gold Flake” trademark for cigarettes, successfully obtained an injunction against competitors using confusingly similar brands like “Gold Falcon” and “Gold Flicker”.
Read more about ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar CigarettesNo monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.
The Delhi High Court while deciding an application for interim injunction, held that the defendants did not infringe the plaintiff’s registered trademarks or pass off...
Read more about No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”
Delhi High Court recently ruled in favour of Sterling Agro Industries, protecting their “NOVA” trademark for dairy products from a deceptively similar mark “NOVYA” used by ASR Trading Company. The Court noted the similarity in marks and packaging, the abandoned trademark application by ASR, and their its to prove otherwise, leading to a permanent injunction and penalty against the defendant.
Read more about Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”Subway Loses Battle for Interim Injunction against Suberb
This post details a case between U.S.-based company ‘SUBWAY’ and Infinity Foods LLLP over allegations of trademark infringement. The court dismissed the application for an interim injunction due to changes made by the defendants within a week, as they deemed there was no point of infringement.
Read more about Subway Loses Battle for Interim Injunction against SuberbPayPal and Paytm Trademark Dispute
The PayPal and Paytm trademark dispute centres on alleged similarities in their logos and the potential for consumer confusion under Indian trademark law. This analysis explores the legal arguments and key judicial precedents that inform the case.
Read more about PayPal and Paytm Trademark DisputeLikelihood of Confusion: Numerals as Trade Marks
The Delhi High Court recently considered whether different numeral trademarks can be deceptively similar, focusing on the marks ‘1001’ and ‘6004’ in a paint industry dispute. The decision clarifies that use of different numerals as trade marks does not automatically lead to infringement without deceptive similarity.
Read more about Likelihood of Confusion: Numerals as Trade MarksPhonetic Justice for Trademark
The article discusses the legal importance of phonetic similarity in trademark disputes, focusing on decisions from both the European Union and Indian courts. It examines statutory provisions and recent case law to illustrate how phonetic resemblance can result in trademark registration being denied to prevent consumer confusion.
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