Passing off | Intellepedia

Can Non-Use of a Trademark Fuel a Passing Off Claim? Delhi High Court Says No

An old glass syrup bottle coated in dust and cobwebs, resting on a worn wooden shelf, its peeling label stamped with a bold red "Registered" mark - symbolising a trademark left unused and forgotten

The Delhi High Court dismissed Sana Herbals’ appeal for an interim injunction against Mohsin Dehlvi and Dehlvi Remedies, holding that prior user of the NOKUF trademark by the respondents, even if followed by decades of non-use, defeats a passing off claim where goodwill never preceded the defendant’s adoption of the mark.

Sonakshi Sinha Secures Interim Relief Against AI Chatbots and Unauthorized Use of Personality Rights

Silhouette of a woman with digital glitch effects on the left, golden scales of justice glowing on the right, with text about Sonakshi Sinha’s interim relief against AI misuse of personality rights.

Interim relief was granted by the Delhi High Court restraining unauthorised use of Sonakshi Sinha’s personality rights through AI chatbots and related listings. Takedown of identified infringing URLs was directed within 36 hours.

KENT can’t do it! Court proves it’s not a big FAN of Kent’s Brand Stretch, backs prior use

In the case of Kent Ro Systems Limited v. Kent Cables Private Limited, two businesses using the same mark KENT clashed over who could sell fans under that mark. One side relied on its strong reputation in water purifiers and home appliances. The other relied on earlier adoption of KENT for electrical goods and evidence of fan sales over several years. The Division Bench upheld the interim restraint against Kent RO and left the final rights to be decided at trial.

Can Anyone Own the “Forest”? Delhi High Court Applies Anti Dissection Rule in Forest Essentials case

Banner image of a dense forest with sunlight filtering through tall trees and a path running through it, featuring the text “Who owns the FOREST?” in a green label.

The Delhi High Court recently refused to grant an interim injunction in the dispute between Forest Essentials and Baby Forest Ayurveda. The court held that “BABY FOREST” was not deceptively similar to “FOREST ESSENTIALS,” and that the word **“FOREST,” being a dictionary word, could not be monopolised without strong evidence of secondary meaning. Applying the anti dissection rule, the court concluded that the marks must be assessed as a whole and declined to interfere with the Single Judge’s refusal of interim relief.

Shatrughan Sinha and the Legal Fight Against Digital Impersonation

The Shatrughan Sinha digital impersonation ruling confirms that personality rights are enforceable against AI-driven misuse and commercial exploitation in the digital age.

Too good to be true: the ALPS Rosemary Water Trademark Infringement case

Delhi Court awards ₹10 lakh damages in ALPS GOODNESS trademark infringement case, holding sellers liable for counterfeiting and directing Flipkart to disable listings.

Intellepedia’s Top Industrial Design Articles of 2025: A Year in Review

Banner image reading “Intellepedia’s Top Design Articles of 2025: A Year in Review” alongside a creative workspace with fashion sketches, measuring tape, color swatches, coffee, plants, and a laptop, symbolising industrial design and creativity.

A curated overview of India’s most significant industrial design law cases of 2025, highlighting key rulings on novelty, infringement, and coexistence of IP rights.

Same MAXO, New Spy: When a Mosquito Repellent Became a Camera and Trade Mark Law Stepped In

In the case of Jyothy Labs Limited vs Gautam Kumar, the court examined whether embedding spy cameras inside MAXO mosquito repellent machines and selling them online could be justified as resale, or whether such conduct crossed into trade mark infringement, trade dress misuse, and passing off.

Same Hair, Same Care, Same Jasmine: Too Familiar for Trade Mark and Copyright Comfort

In the case of Marico Limited vs Minolta Natural Care, the court examined whether the defendants’ Jasmine and Hair Protection hair oil products unlawfully copied the distinctive trade dress, logos, and packaging of the plaintiff’s well known Jasmine and Hair and Care hair oil products sold under the Parachute house mark, and granted interim relief to the plaintiff.

Delhi HC bars ‘Khadi Veda’ for infringing KVIC’s KHADI mark

Banner with ayurvedic skincare items and title on Khadi Veda case

An ex parte ad interim injunction was granted in a trade mark infringement suit concerning KVIC’s KHADI mark. Use of KHADI VEDA and related domain names and online listings was restrained.