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 ITC’s registrations, the court held that past agreements, shared use, and acquiescence over decades created factual disputes that must be resolved at trial.
Read more about From Fine Dining to Trademark Fighting: The Dakshin Breakup StoryTag: Indian Trademark Cases
Dispute Over a Flower: Goodwill in Relevant Trade
The Delhi High Court clarified that prior trademark use is insufficient without proven goodwill in relevant trade or market. The decision in Suparshva Swabs v AGN International highlights the importance of market-specific reputation for passing off claims and sets clear boundaries for allied goods in trademark disputes.
Read more about Dispute Over a Flower: Goodwill in Relevant TradeDISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received
The Delhi High Court set aside the refusal of the DISPOWAY trademark application due to non-receipt of the hearing notice. The case has been remanded for a fresh hearing and correction of the application’s status.
Read more about DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not ReceivedNon-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.
Read more about Non-use of trademark is not a valid defense against injunctionImportant Indian Trademark Cases – 2021
This post summarises important trademark cases decided by Indian courts in 2021, highlighting judicial approaches to infringement, well-known marks, and jurisdiction. The analysis offers clear insights into evolving trademark law and its practical impact for stakeholders.
Read more about Important Indian Trademark Cases – 2021Is There a Trademark in a Name?
This post explores whether a name can serve as a trademark in India, focusing on legal battles involving educational institutions. Analysing the VIT case, it discusses trademark infringement, passing off, and the significance of well known marks in Indian law.
Read more about Is There a Trademark in a Name?