“Little Hearts”, Big Infringement: Delhi HC Injunction

Banner with the text “Little Hearts”, Big Infringement: Delhi High Court’s Ad-Interim Injunction Explained beside a coffee mug and scattered red heart-shaped biscuits. Featured image for article: “Little Hearts”, Big Infringement: Delhi HC Injunction

An ad interim injunction was granted by the Delhi High Court in a dispute concerning the “Little Hearts” mark, 3D biscuit shape, trade dress and product images. Amazon was directed to delist the infringing listings pending further orders.

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Shalimar Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed

Shalimar Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed Featured image for article: Shalimar Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed

In the case between Shalimar Chemical Works and Edible Products, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—used for products sold under the Shalimar mark was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off, even if the rival product carried a different brand name.

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Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed

Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed Featured image for article: Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed

In the case of Edible Products (India) Limited vs Shalimar Chemical Works Private Limited, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off.

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Birkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High Court

Birkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High Court Featured image for article: Birkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High Court

In the case of Hermes International & Anr vs Macky Lifestyle Private Limited & Anr, the Delhi High Court examined whether the shape and configuration of the Birkin bag—registered as a three-dimensional mark—met the requirements for being declared a well-known trademark. The court found that the trade dress had acquired widespread recognition in the luxury fashion market among the relevant public making it well known.

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Prior user rights prevail over subsequent registration, reiterates court

Cartoon-style image inspired by the Bollywood song "Saree Ke Fall Sa," featuring a woman (Sonakshi Sinha) in a neon green and pink saree and a man (Shahid Kapoor) in a grey outfit dancing against a blue background. Both are mid-step, with expressive hand gestures. Musical notes on the left include the text “Saree ke Fall ka match kiya re...” Featured image for article: Prior user rights prevail over subsequent registration, reiterates court

Delhi HC cancels ‘Ragini’ label for deceptive similarity and copied trade dress, upholding prior user rights of ‘Rani’/‘Rachna’ and ordering Section 57 rectification of the register.

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No Trademark Infringement by Registered Proprietor

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The Bombay High Court ruled that no trademark infringement or passing off was established against the registered proprietor of KARPURE and AIR KARPURE. The Court found the marks and trade dress sufficiently distinct, dismissing the Plaintiff’s claim for interim relief.

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Delhi High Court Revives Crocs’ Passing Off Suits Against Bata, Liberty Over Shape Trademark

A lineup of various footwear styles including sneakers, loafers, and a distinctive green clog resembling a Crocs shoe with cartoonish crocodile teeth, symbolizing Crocs amid competitor brands. Featured image for article: Delhi High Court Revives Crocs’ Passing Off Suits Against Bata, Liberty Over Shape Trademark

Delhi HC revives Crocs’ passing off suits, affirming coexistence of design and common law rights. Bata, Liberty among accused in shape trademark dispute.

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“TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

The Delhi High Court issued a permanent injunction in favour of Tata Sons against trademark and trade dress infringement involving TATA COPPER+ WATER. The defendant, a first-time infringer, was ordered to pay nominal costs and destroy infringing goods as per the court’s structured approach.

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Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

The Delhi High Court affirmed an interim injunction against Rasayanam for using packaging deceptively similar to Upakarma’s registered trademark for Shilajit. The Court reiterated that overall trade dress similarity can lead to consumer confusion, justifying continued restraint at the interim stage.

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“Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!

The Delhi High Court granted an interim injunction in favour of Himalaya, finding AB Allcare’s use of Liv-40 and similar trade dress to be deceptively similar to Liv.52. This case highlights critical aspects of trademark and trade dress protection in India.

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