The Delhi High Court has granted an interim injunction restraining Grand Chemical Works from selling cleaning products under the ‘GAINDA’ mark in trade dresses copying the distinctive get-up of Reckitt’s HARPIC, COLIN, and LIZOL brands. In this trade dress passing off case, the court had to decide whether an overall similarity in bottle shape, colour scheme, and packaging layout could overwhelm a prominently different house mark and how far a design that has expired can still live on as trade dress.
Read more about Trade Dress Passing Off: Delhi HC Restrains GAINDA from Copying HARPIC, COLIN & LIZOL Get-UpTag: secondary meaning
Yatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says Court
In the case of Yatra Online Limited v. Mach Conferences and Events Limited, the Delhi High Court examined whether a travel company could claim exclusive rights over the term ‘YATRA’. Concluding that the mark was descriptive and not distinctive, the Court refused to restrain the defendant from using a similar mark.
Read more about Yatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says CourtPart IV: Descriptive Marks – Can They be Protected?
This post analyses the Indian legal stance on descriptive marks under the Trademark Act, 1999. It explains the criteria for their protection, focusing on acquired distinctiveness and secondary meaning.
Read more about Part IV: Descriptive Marks – Can They be Protected?Part II: Descriptive Marks – Can They be Protected?
This post analyses how US trademark law treats descriptive marks, addressing their registration requirements and the concept of secondary meaning. It also covers the significance of the Principal and Supplemental Registers for such marks.
Read more about Part II: Descriptive Marks – Can They be Protected?Case Study – Trademark for Film Titles
This article examines the trademark protection of film titles in India, highlighting legal requirements and judicial precedents. It addresses the significance of secondary meaning and the impact of key court decisions on enforcing film title trademarks.
Read more about Case Study – Trademark for Film TitlesFlavour Marks – Can They Become a Reality?
This post analyses whether flavour marks can be registered as trademarks under Indian and international law. It objectively examines legal hurdles and recent case law, providing a structured, analytical perspective on the subject.
Read more about Flavour Marks – Can They Become a Reality?INDIAN TRADEMARK LAW ON PROTECTION OF MOVIE TITLE – Part 2
This post examines major Indian legal cases on trademark protection of movie titles, focusing on secondary meaning and distinctiveness as essential criteria. It discusses industry registration practices and landmark High Court decisions impacting the film industry.
Read more about INDIAN TRADEMARK LAW ON PROTECTION OF MOVIE TITLE – Part 2Pidilite 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.
Read more about Pidilite Industries vs. Vilas Nemichand Jain.