Well-known mark not a pre-requisite for grant of relief against infringement
This post discusses a Delhi High Court decision on trademark infringement involving the mark "PEBBLE" used by V Guard and Crompton. The Court held that a well-known mark…
Passing off
135 articles
Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User
The Delhi High Court has ruled that the FIELDMARSHAL trademark belongs to PM Diesel, recognising its prior, continuous, and legitimate use. Thukral’s claims were dismissed, and reliefs including…
No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.
The Delhi High Court dismissed an interim injunction plea, holding that the use of the common surname JINDAL cannot be monopolised under trademark law. The court found no…
Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”
The Delhi High Court ruled that selling ghee under the mark NOVYA constitutes passing off and infringement of the registered NOVA trademark. The Court’s decision imposed a permanent…
Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.
The Madras High Court ruled that the Chand-A trademark for lungis is not infringing due to honest and concurrent use. The decision clarifies key principles for establishing such…
Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court
The Delhi High Court has issued an interim injunction against the use of the 'Candlelight' trademark for concerts, siding with Fever Labs in a passing off dispute. The…
Premier Vs. Barclays Premier League, Apollo Mark Well-Known Status?, and Roobini Vs. Rubam Trademark Cases
This post examines recent trademark cases from Indian courts, discussing composite mark analysis, well-known mark recognition, and the standard for confusion. Key judgments on Barclays Premier League, Apollo,…
Delhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”
The Delhi High Court has fined a Rajasthan restaurant 2 lakhs for infringing the “Sadda Pind” trademarks of a Punjab-based Cultural Living Museum. The court’s decision highlights the…
TTK Prestige Prevails in Its Quest For the Use Of “Prestige”
TTK Prestige succeeded in a trademark infringement case before the Delhi High Court, securing a permanent injunction against unauthorized use of the "Prestige" mark. The judgment highlights the…
Subway Loses Battle for Interim Injunction against Suberb
The Delhi High Court dismissed Subway’s interim injunction application against Suberb after the defendants changed their branding and sandwich names. The court found no infringement or passing off,…