Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

The Gujarat High Court clarified that trademark infringement requires a holistic comparison of marks and their respective goods or services. The court found no likelihood of confusion between Unisn and Unison, highlighting the need to consider all circumstances and the anti-dissection rule in such cases.

Read more about Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress

The Delhi High Court granted an injunction against Qpharm for using deceptively similar packaging and trade dress to Glaxo’s products. This case illustrates the enforcement of trade dress rights and legal remedies available for trademark infringement and passing off in the Indian pharmaceutical industry.

Read more about Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress

Marc Salon’s Design Makes the Cut: Court Grants Injunction

The Delhi High Court has upheld an injunction protecting Marc Salon’s salon furniture designs against GM Sales, recognising their originality and market reputation. The Court found strong evidence of passing off and copyright infringement, confirming Marc Salon’s entitlement to legal protection.

Read more about Marc Salon’s Design Makes the Cut: Court Grants Injunction

Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

The Calcutta High Court examined Emami’s claims against Unilever over the use of “Handsome” in skincare branding. While trademark infringement was not established, the Court found grounds for passing off and ordered Unilever to cease using the contested mark.

Read more about Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

The Delhi High Court has restrained several parties from selling cigarettes using deceptively similar marks to ITC’s Gold Flake brand, citing clear infringement and passing off. This decision underscores the judicial approach to protecting well-known trademarks in India.

Read more about ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

Exacting Standards for Pharma Trademarks and their Dominant Parts

The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and established legal principles on the scrutiny of dominant trademark parts in the pharmaceutical sector.

Read more about Exacting Standards for Pharma Trademarks and their Dominant Parts

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 is not necessary for relief under Section 29(4) if reputation in India is proven.

Read more about Well-known mark not a pre-requisite for grant of relief against infringement