Passing off | Intellepedia

Himalaya Trademark Infringement: Delhi HC Grants Injunction

Medicinal plants and mortar pestles, set in a light green background below the text, 'Himalaya Trademark Infringement– Delhi High Court'

The Delhi High Court granted an interim injunction to Himalaya Wellness, restraining Greenland Trading from using deceptively similar marks for ayurvedic products. The Court found a clear risk of consumer confusion and dilution of the well-known HIMALAYA trademark.

Film Shivajiraje Bhosale Boltoy Fails Copyright Test: Title, Script, and Ads Not Infringing

Yellow banner with a 3D clipboard showing a red X and check marks, alongside the text “Film Shivajiraje Bhosale Boltoy Fails Copyright Test: Title, Script, and Ads Not Infringing.

In the case of Everest Entertainment LLP vs. Mahesh Vaman Manjrekar, the Bombay High Court considered whether copyright subsists in the title Me Shivajiraje Bhosale Boltoy, and whether the defendants infringed the script or promotional content of the film. The Court found no substantial reproduction of the script or advertisements, and held that copyright protection does not extend to the film’s title.

Delhi HC Grants Injunction in Adidas Counterfeit Socks Case

Black and white socks in black background with the title 'Adidas Counterfeit Socks Case' written in bold white font.

The Delhi High Court granted an ex-parte injunction to Adidas in a trademark infringement and passing-off case concerning counterfeit socks. The Court also appointed a Local Commissioner for seizure and inspection, reinforcing strong protection against IP violations.

Dispute Over a Flower: Goodwill in Relevant Trade

An abstract colourful background with the silhouette of two hands reaching out to a tulip flower in the middle.

The Delhi High Court clarified that prior trademark use is insufficient without proven goodwill in relevant trade or market. The decision in Suparshva Swabs v AGN International highlights the importance of market-specific reputation for passing off claims and sets clear boundaries for allied goods in trademark disputes.

Carnatic Karma: Bengaluru Restaurant Barred from Using ‘Carnatic’ Mark

A lively, illustrated street scene with several small cafés and people dining outdoors

The Delhi Commercial Court ruled in favour of Carnatic Café in a trademark dispute with a Bengaluru restaurant using “CARNATIC.” The Court found clear infringement and upheld the plaintiff’s exclusive rights, awarding damages and making the injunction permanent.

Promodome Trademark Dispute: Ex-Parte Injunction Granted

Colourful collage of words and the text 'Promodome Communication Secures Ex-Parte Injunction Against Promodome Digital' in white towards the right

The Delhi High Court granted an ex-parte injunction in favour of Promodome Communication Private Limited, restraining the defendant from using identical marks and domain names. The decision highlights the Court’s handling of clear-cut trademark infringement and passing off matters.

Court Orders Transfer of Design Cancellation Petition from Controller’s Office

Madras High Court pulls a split dispute into one forum, ordering transfer of the design cancellation petition to be heard with the passing-off suit under its IPD.

Court Upholds Hi-Tech Arai’s Claim In HTA Trademark Dispute

Automotive factory with machinery and rubber oil seals in the foreground.

The Delhi High Court upheld Hi-Tech Arai’s claim in the HTA trademark dispute, granting an interim injunction against the defendants for dishonest adoption and use of fabricated evidence. The decision emphasises the significance of continuous and bona fide use in Indian trademark law.

Come On Barbie, Let Us Stop the Trademark Party

In the case of Mattel, Inc. vs. Padum Borah & Ors, the Delhi High Court barred the use of the word ‘BARBIE’ by a hospitality business, holding that the use of the iconic trademark for unrelated services was likely to cause confusion and dilute the brand. The Court observed that the Defendant’s use of identical marks with stylized pink logos constituted dishonest adoption and granted an injunction to protect the Plaintiff’s rights.

Can trademark rights exist even without continuous commercial use?

Illustration of a digital tachometer with a needle pointing to 8,000 RPM, overlaid on a blue circuit board background with flowing neon lines representing speed and technology.

Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.