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…
Deceptive Similarity
18 articles
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…
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…
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…
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…
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…
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…
Phonetic 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…