Dispute Over a Flower: Goodwill in Relevant Trade
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…
Passing off
133 articles
Carnatic Karma: Bengaluru Restaurant Barred from Using ‘Carnatic’ Mark
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…
Promodome Trademark Dispute: Ex-Parte Injunction Granted
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…
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
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.…
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…
Can trademark rights exist even without continuous commercial use?
Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.
Prior user rights prevail over subsequent registration, reiterates court
Delhi HC cancels ‘Ragini’ label for deceptive similarity and copied trade dress, upholding prior user rights of ‘Rani’/‘Rachna’ and ordering Section 57 rectification of the register.
Injunction in V3 Trademark Dispute Denied Over Unclean Hands
The Bombay High Court refused interim relief in the V3 trademark dispute, finding both parties had suppressed facts and acted inconsistently. The decision underscores that equitable remedies require…
Aishwarya Rai Gets Court Relief Against Deepfakes, Fake Merchandise, and Online Impersonation
In the case of Aishwarya Rai Bachchan vs Aishwaryaworld.Com, the Delhi High Court restrained several websites, online sellers, and digital content creators from misusing the identity of the…