Novartis says No to Novarish
The Bombay High Court granted Novartis an injunction against Novarish Healthcare for trademark infringement and passing off. The court found the marks deceptively similar and protected Novartis's established…
Passing off
123 articles
Did Emerge Classes’ mark fail the ‘passing off’ test?
The Jammu and Kashmir High Court upheld an injunction against Emerge Classes in a trademark passing off dispute, emphasising goodwill and deceptive similarity. The Court found that overall…
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…
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…
MRF’s Trademark Muscle Secures Victory in Dispute Against Powermax
The Madras High Court granted MRF a permanent injunction and nominal damages against Powermax for trademark and copyright infringement. The judgment underscores the legal significance of safeguarding established…
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…
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…
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…
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…
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…