OLIVE Trademark Case: Delhi High Court on Section 11 & Prior User Rights
Delhi High Court refuses OLIVE trademark in Class 35, holding similarity with Class 25 marks and lack of proven prior user rights under Section 11.
likelihood of confusion
11 articles
“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…
Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion
The Gujarat High Court clarified that trademark infringement requires a holistic comparison of marks and their respective goods or services. The court found no likelihood of confusion between…
Citing gross delay and strong likelihood of confusion, court refuses CEAT’s appeal
The Delhi High Court dismissed CEAT’s appeal against the refusal of its FARMAX trademark, citing substantial delay and likelihood of confusion with prior marks. The court found the…
A.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?
The Delhi High Court addressed trademark infringement claims over the use of ‘Smith’ for identical water purification products. The decision highlights the assessment of dominant trademark elements and…
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…
Ten Titans of the IP blog world
Last year in the month of December 2015, we ran a month long series acknowledging and appreciating some of the best IP blogs across the world. The blogs…
World’s Best IP Blogs – Likelihood of Confusion
Likelihood of Confusion stands out as a leading IP blog, offering insightful analysis on trademark and copyright law. Authored by Ron Coleman, the blog’s unique perspectives make it…
Trademark Infringement on Ecommerce Platforms- Royal Enfield v. ebay.in
The Royal Enfield v. ebay.in case addresses trademark infringement on ecommerce platforms in India. The Delhi High Court issued an interim injunction, reinforcing the rights of trademark owners…
Multi Time Machine, Inc. v. Amazon
This article analyses Multi Time Machine, Inc. v. Amazon, a case addressing trademark infringement claims arising from keyword advertising on online platforms. The discussion focuses on the likelihood…