Deceptive Similarity | Intellepedia

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court granted interim relief in a trademark dispute involving “FIGHTER” and “FITTER” for adhesive tapes, finding deceptive similarity. The decision highlights the court’s approach to trademark protection and irreparable harm in such cases.

Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

The Madras High Court set aside the registration of the Garuda mark, citing a likelihood of confusion with SIECO’s prior Eagle trademark. The court found that the marks’ similarities could mislead consumers and rejected the defence of acquiescence.

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.

Did Emerge Classes’ mark fail the ‘passing off’ test?

The Jammu and Kashmir High Court upheld an injunction against Emerge Classes in a trademark passing off dispute, emphasising goodwill and deceptive similarity. The Court found that overall similarity between the marks was likely to cause confusion among students.

Non-use of trademark is not a valid defense against injunction

The Delhi High Court ruled that non-use of a trademark does not automatically bar injunctive relief if deceptive similarity and consumer confusion are present. The Court emphasized that trademark protection persists despite periods of non-use, provided legal criteria for an injunction are satisfied.

Exacting Standards for Pharma Trademarks and their Dominant Parts

The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and established legal principles on the scrutiny of dominant trademark parts in the pharmaceutical sector.

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

The Delhi High Court ruled that selling ghee under the mark NOVYA constitutes passing off and infringement of the registered NOVA trademark. The Court’s decision imposed a permanent injunction and penalty on the Defendant for contempt, highlighting the importance of trademark protection in the dairy sector.

Trademark Cases: Kalpaka Trademark Republication, Puro Healthy Salt Disparagement, and Tazza Patta Trademark Infringement

This post examines recent Indian trademark cases on republication, disparagement, and deceptive similarity. It discusses judicial reasoning and clarifies important legal standards in trademark law. Readers are encouraged to consult the full judgments for comprehensive understanding.

PayPal 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.

Likelihood 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.