Indian trademark law | Intellepedia

Epifi Outspeeds F1 Trademark in Court – No Use, No Rights!

Two cars racing side-by-side toward a checkered finish line with a waving finish flag; one car with FI MONEY written on it leads as it speed past the car with F1 on it.

The Delhi High Court cancelled the F1 trademark held by Formula One in Class 36 for non-use in India, following Epifi’s rectification petition. The decision reaffirms that trademark rights require genuine and ongoing use.

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand.

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

The Bengaluru Civil Court has permanently restrained former partners of Cothas Coffee from using the mark “COTHA” for coffee businesses, citing trademark infringement and lack of bona fide use. This judgment highlights the legal standards for trademark protection and passing off under Indian law.

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.

Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

The Calcutta High Court permanently restrained Micky Metals from using Lux TMT, finding it constituted passing off against the well-known Lux trademark. The judgment reinforces the legal protection of established trademarks in India.

“TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

The Delhi High Court issued a permanent injunction in favour of Tata Sons against trademark and trade dress infringement involving TATA COPPER+ WATER. The defendant, a first-time infringer, was ordered to pay nominal costs and destroy infringing goods as per the court’s structured approach.

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.

“VARUN” scoops up an icy win against “ARUN”, court affirms co-existence of Trademarks

The Madras High Court upheld the coexistence of ARUN and VARUN trademarks, citing lack of evidence of confusion and acquired distinctiveness. The petition for cancellation of the VARUN mark was dismissed, allowing both marks to remain in use.

CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

The Madras High Court ruled that Coimbatore Institute of Technology’s prior use entitled it to exclusive rights over the CIT trademark. The court ordered the removal of the respondent’s registration, highlighting the importance of distinctiveness and transparency in trademark disputes.

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

The Madras High Court dismissed Scrum Alliance’s petition for rectification of the CSM trademark, citing insufficient proof of prior use and upholding honest and concurrent use by the respondent. The decision clarifies the application of Section 34 of the Trade Marks Act regarding concurrent rights.