KENT can’t do it! Court proves it’s not a big FAN of Kent’s Brand Stretch, backs prior use
In the case of Kent Ro Systems Limited v. Kent Cables Private Limited, two businesses using the same mark KENT clashed over who could sell fans under that…
prior use
7 articles
Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark
The Delhi High Court has ruled in favour of Lacoste, granting a permanent injunction against Crocodile International for trademark infringement in India. The analysis covers prior use, territoriality,…
Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation
The Delhi High Court dismissed Wipro’s appeal against an injunction favouring Himalaya’s prior use of the EVECARE trademark. The court held that prior user rights and likelihood of…
‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use
The Delhi High Court has cancelled the ‘PRIME’ trademark registration for salt due to Koteshwar Chemfood’s prior and continuous use. The court found non-use by the registrant for…
Court says infringing brand ‘Double Kabooter’ Jaa Jaa Jaa
The Delhi High Court ordered the cancellation of the DOUBLE KABOOTER trademark, citing prior use and deceptive similarity with DABAL KABUTER BRAND. This case highlights the importance of…
Rosaire v. Baroid Sales, 218 F.2d 72 (1955)
Rosaire v. Baroid Sales examines whether prior public experiments can invalidate a patent under Section 102(a). The judgment clarifies that successful, public use of a method by others…
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…