Passing off | Intellepedia

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.

Copying of Artistic Architectural Works in Brochure for Advertising Restrained

The Delhi High Court has restrained the use of copyrighted artistic architectural works in a real estate advertising dispute. The court’s interim injunction addresses copyright infringement, passing off, and unfair trade practices, pending further proceedings.

Use of e-Rickshaw Trademark ‘Yatri’ by Competitor Restrained

The Delhi High Court has issued an injunction restraining the use of the “YATRI” trademark and images by a competitor in the e-rickshaw industry. The decision addresses concerns of trademark infringement and consumer confusion, with further hearings set for January 2025.

Nandini Deluxe v. Hotel Nandini: Court holds that both can continue using their trademarks

The Bengaluru court held that both Nandhini Deluxe and Hotel Nandini can continue using their trademarks as the word Nandini was found to be generic. Neither party proved exclusive rights or trademark infringement, resulting in dismissal of both claims.

VIVO sticks strong against VIVO adhesives, rewarded with well-known trademark status in India

The Delhi High Court declared VIVO a well-known trademark in India after finding infringement and passing off by an adhesive manufacturer. The Court issued a permanent injunction and set out legal criteria for determining well-known status and trademark protection under Indian law.

Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

The Delhi High Court dismissed Wipro’s appeal against an injunction favouring Himalaya’s prior use of the EVECARE trademark. The court held that prior user rights and likelihood of confusion prevailed over trademark class differences in this passing off case.