Can trademark rights exist even without continuous commercial use?
Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.
Indian trademark law
97 articles
Court cancels 75-Year-Old TRIUMPH Trademark for Non-Use in Favor of Triumph Motorcycles
In the case of Triumph Designs Limited v. Tube Investments of India and Anr., the Calcutta High Court addressed two critical issues: whether the petitioner was a person…
Injunction in V3 Trademark Dispute Denied Over Unclean Hands
The Bombay High Court refused interim relief in the V3 trademark dispute, finding both parties had suppressed facts and acted inconsistently. The decision underscores that equitable remedies require…
Sweet victory and Sweeter rewards – court declares NUTELLA well-known Trademark
Delhi HC grants Ferrero ₹30 lakh in damages, declaring 'NUTELLA' a well-known trademark in a major counterfeit case against M.B. Enterprises.
Epifi Outspeeds F1 Trademark in Court – No Use, No Rights!
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…
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…
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…
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’…
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…
“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,…