Passing off | Intellepedia

Could Exclusivity be Claimed Over the Word IMPERIAL for Alcohol?

The High Court of Delhi examined whether exclusivity can be claimed over the term IMPERIAL for alcoholic beverages. The judgment clarified that IMPERIAL is a descriptive and laudatory term, preventing proprietary rights for its use in alcohol trademarks.

Ranbaxy Laboratories Ltd. v. Dua Pharmaceuticals Pvt. Ltd., 1988 Arb. L. R. 315

The Delhi High Court’s ruling in Ranbaxy Laboratories Ltd. v. Dua Pharmaceuticals Pvt. Ltd. addresses key issues of trademark infringement and consumer confusion in pharmaceuticals. The case reinforces the legal standards for similarity and passing off in Indian trademark law.

Yahoo! Inc. v. Akash Arora and another, 1999 Arb. L. R. 620

This post analytically discusses the Yahoo trademark case, addressing the legal principles of passing off and domain name infringement in India. It provides a structured overview of the dispute between Yahoo Inc. and Akash Arora, highlighting the court’s reasoning and decision.

Sun Pharma’s big win against Cadila healthcare

The Madras High Court has granted Sun Pharma a permanent injunction against Cadila Healthcare over the VENIZ trademark, citing likelihood of confusion and infringement. The Court also ordered damages and profit accounting, underscoring the importance of trademark protection in the pharmaceutical sector.

The SplitView Squabble

The Delhi High Court’s ruling in Apple Inc. v. Rohit Singh & Another explores the nuances of passing off and trademark distinctiveness in software. The decision highlights the challenges faced by developers in protecting proprietary marks amid overlapping functional features.

Pidilite Industries vs. Vilas Nemichand Jain.

The Bombay High Court examined the requirements for passing off a descriptive trademark in Pidilite Industries vs Vilas Nemichand Jain. The Court held that plaintiffs must prove both prior use and secondary meaning, dismissing the claim for lack of sufficient evidence.

Sholay Media Entertainment Pvt. Ltd. & Ors. v. Parag Sanghavi & Ors.

This case analyses the Delhi High Court’s decision on copyright and trademark infringement of the film Sholay by the makers of Ram Gopal Verma Ki Aag. The judgment clarifies ownership, passing off, and moral rights issues in Indian film law.

Peps Industries Vs. Shakti Mattresses & Gears

The Delhi High Court granted an interim injunction to Peps Industries, restraining Shakti Mattresses from using the SPINE GUARD trademark. This case highlights trademark protection in India’s mattress industry.

Is There a Trademark in a Name?

This post explores whether a name can serve as a trademark in India, focusing on legal battles involving educational institutions. Analysing the VIT case, it discusses trademark infringement, passing off, and the significance of well known marks in Indian law.