ITC’s Dakshin Restaurant Case: Too Much Trademark Spice, Too Little Copyright Proof
In the case of ITC Limited and Anr. v. Adyar Gate Hotels Limited, the dispute arose from a restaurant that carried the same name through a long hotel…
Passing off
126 articles
Use It or Lose It: Prior Use Trademark India Principles Seal FIELDMARSHAL Victory for PM Diesels
In a dispute stretching over four decades, the Delhi High Court ruled on the battle between PM Diesels Private Limited and Thukral Mechanical Works over the FIELDMARSHAL trademark…
Your Own Website as Your Worst Enemy: Novamax and the Design Registration Prior Publication Problem
The Delhi High Court has dismissed Novamax Industries LLP's suit for infringement of its cooler design registration, holding that the plaintiff's own invoices and website disclosed the design…
Flying Under False Colours: Trademark Passing Off between Registered Mark Owners
When both Reckitt Benckiser India and Sauss Home Products hold registered "Flying Bird" device marks for cleaning products, infringement claims cancel out, making trademark passing off the only…
Old Invoices, New Trouble: Prior Use Trumps Registration in ATHERMAL Case
In a dispute over the mark ATHERMAL used on welding safety goods, the Delhi High Court set aside a trial court interim injunction against Amit Bansal, finding that…
The P-C Problem: Something that a Trademark Registry Search in 2001 could have prevented
The Delhi High Court has held that Intas Pharmaceuticals' mark CLAVIX constitutes pharmaceutical trademark infringement of Sanofi's blockbuster heart drug mark PLAVIX, differing by just one letter. The…
What’s in a God’s Name? Siyaram Wins Trademark Battle in Bombay
Siyaram Silk Mills and Stanford Siyaram Fashion Private Limited clashed before the Bombay High Court in a trademark infringement and passing off dispute over the "Siyaram" mark. Can…
Caught without a Helmet: The false pleadings that sank RYNOX’s Trademark suit
Rynox Gears and Steelite India both hold registered trademarks for motorcycle-related products - RYNOX and RHYNOX respectively. When Rynox sued Steelite for trademark infringement and passing off before…
No Breeze For Atomberg’s Design Claim: Bombay High Court Says Pigeon Fan Looks Different
In the case of Atomberg Technologies Private Limited v Stove Kraft Limited, the Bombay High Court dealt with a design infringement and passing off dispute relating to ceiling…
Why Owning a Logo Doesn’t Mean Owning Its Letters – the A TO Z’ Trademark Dispute
Can a pharmaceutical giant claim exclusive rights over the letters 'A' and 'Z'? The Delhi High Court, in Alkem Laboratories v. Prevego Healthcare, refused an interim injunction in…