Passing off | Intellepedia

Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

The Delhi High Court has ruled that the FIELDMARSHAL trademark belongs to PM Diesel, recognising its prior, continuous, and legitimate use. Thukral’s claims were dismissed, and reliefs including actual litigation costs and registration of pending applications were granted to PM Diesel.

No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.

The Delhi High Court dismissed an interim injunction plea, holding that the use of the common surname JINDAL cannot be monopolised under trademark law. The court found no infringement or passing off, as the impugned mark was sufficiently distinct.

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

The Delhi High Court ruled that selling ghee under the mark NOVYA constitutes passing off and infringement of the registered NOVA trademark. The Court’s decision imposed a permanent injunction and penalty on the Defendant for contempt, highlighting the importance of trademark protection in the dairy sector.

Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

The Madras High Court ruled that the Chand-A trademark for lungis is not infringing due to honest and concurrent use. The decision clarifies key principles for establishing such use in trademark disputes.

Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

The Delhi High Court has issued an interim injunction against the use of the ‘Candlelight’ trademark for concerts, siding with Fever Labs in a passing off dispute. The ruling highlights the protection of unregistered but distinctive trademarks in India’s live entertainment sector.

Premier Vs. Barclays Premier League, Apollo Mark Well-Known Status?, and Roobini Vs. Rubam Trademark Cases

This post examines recent trademark cases from Indian courts, discussing composite mark analysis, well-known mark recognition, and the standard for confusion. Key judgments on Barclays Premier League, Apollo, and Roobini vs. Rubam offer practical guidance for trademark strategy and compliance.

Delhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”

The Delhi High Court has fined a Rajasthan restaurant 2 lakhs for infringing the “Sadda Pind” trademarks of a Punjab-based Cultural Living Museum. The court’s decision highlights the importance of enforcing intellectual property rights and sets a precedent for punitive action against trademark infringement in India.

TTK Prestige Prevails in Its Quest For the Use Of “Prestige”

TTK Prestige succeeded in a trademark infringement case before the Delhi High Court, securing a permanent injunction against unauthorized use of the “Prestige” mark. The judgment highlights the necessity of continuous use and evidence in trademark disputes in India.

Subway Loses Battle for Interim Injunction against Suberb

The Delhi High Court dismissed Subway’s interim injunction application against Suberb after the defendants changed their branding and sandwich names. The court found no infringement or passing off, noting Subway’s inability to monopolise the term “sub” in relation to sandwiches.

Latest Trademark Cases in 2022 – Part 5

This post summarises prominent trademark cases from India in 2022, focusing on Delhi High Court decisions regarding infringement and passing off. The analysis provides clear insights into recent legal developments in trademark law.