Passing off | Intellepedia

Trademark Win: Swatch Group’s careful watch leads to Permanent Injunction

The Patiala House Courts granted a permanent injunction to Swatch Group against traders using its trademarks on counterfeit watches. The decision highlights the enforcement of trademark rights and the legal remedies available for brand owners in India.

ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks

The Delhi High Court granted ITC an interim injunction restraining Arpita Agro from using the mark POWRNYM, finding it deceptively similar to ITC’s NIMYLE and JOR-POWR trademarks. This case highlights the importance of respecting trademark rights and contractual obligations in the Indian legal context.

Polo rides to the finish line in trademark infringement dispute

The Delhi District Court decided in favour of Polo in a trademark infringement and passing off dispute against Landmark Traders and Mystic Emin Private Ltd. The judgment clarifies key legal standards for assessing similarity and confusion in Indian trademark law.

Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

The Madras High Court set aside the registration of the Garuda mark, citing a likelihood of confusion with SIECO’s prior Eagle trademark. The court found that the marks’ similarities could mislead consumers and rejected the defence of acquiescence.

Brokering peace? “Nobroker” says NO to “NotBroker”

This post analyses a recent Indian court decision where Nobroker secured a permanent injunction against Notbroker for trademark infringement and passing off. The judgment highlights key legal principles governing brand protection and domain name disputes within the real estate sector.

Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

The Calcutta High Court permanently restrained Micky Metals from using Lux TMT, finding it constituted passing off against the well-known Lux trademark. The judgment reinforces the legal protection of established trademarks in India.

Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

The Sankalp Constructions vs Shankalp Associates judgment addresses trademark infringement and passing off allegations in the real estate industry. The Court dismissed the suit, emphasising the need for evidence of deceptive similarity and actual confusion.

Nike swooshes away trademark infringers, comes out All Stars

The Delhi District Court has awarded Nike a permanent injunction and exemplary damages in a trademark infringement suit involving the misuse of its well-known marks. This case highlights the legal standards for infringement and passing off in India, offering crucial insights for brand protection.

Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

The Madras High Court cancelled the SUGUNA trademark registration for grinders, favouring prior user rights of the petitioners with established goodwill since 1959. The respondent’s claims of honest concurrent use were rejected due to insufficient evidence.

Hot Mess? Court says “HOT MIX” is for everyone!

The Delhi District Court ruled that “HOT MIX” is a generic, descriptive term and cannot be exclusively owned. The plaintiff’s claims for trademark infringement and passing off were dismissed, as no likelihood of consumer confusion was established.