Who is the best POSTMAN?
A two-decade fight between the Oomerbhoy family's 'POSTMAN' groundnut oil brand and a rival's 'Super Postman' mark reached the Delhi High Court, testing abandonment, deceptive similarity, and rectification.…
Trade Marks Act 1999
38 articles
One Letter Short of Original: A SUPREME Trademark infringement
The Supreme Industries Limited took on a PVC pipe maker’s registered “SUPREMES GOLD” mark before the Bombay High Court, testing whether a single added letter could defeat a…
Flying Under False Colours: Trademark Passing Off between Registered Mark Owners
When both Reckitt Benckiser India and Sauss Home Products hold registered "Flying Bird" device marks for cleaning products, infringement claims cancel out, making trademark passing off the only…
Old Invoices, New Trouble: Prior Use Trumps Registration in ATHERMAL Case
In a dispute over the mark ATHERMAL used on welding safety goods, the Delhi High Court set aside a trial court interim injunction against Amit Bansal, finding that…
Chacha in Sarees: Delhi HC on Trademark Distinctiveness
The Delhi High Court's Division Bench has reversed a Commercial Court order that dismissed Chacha Saree Bazar Pvt. Ltd.'s interim injunction application on the ground that "Chacha" is…
The P-C Problem: Something that a Trademark Registry Search in 2001 could have prevented
The Delhi High Court has held that Intas Pharmaceuticals' mark CLAVIX constitutes pharmaceutical trademark infringement of Sanofi's blockbuster heart drug mark PLAVIX, differing by just one letter. The…
What’s in a God’s Name? Siyaram Wins Trademark Battle in Bombay
Siyaram Silk Mills and Stanford Siyaram Fashion Private Limited clashed before the Bombay High Court in a trademark infringement and passing off dispute over the "Siyaram" mark. Can…
Caught without a Helmet: The false pleadings that sank RYNOX’s Trademark suit
Rynox Gears and Steelite India both hold registered trademarks for motorcycle-related products - RYNOX and RHYNOX respectively. When Rynox sued Steelite for trademark infringement and passing off before…
No Passport for Trademark Exhaustion – Delhi HC Resets the Rules
When a Chinese manufacturer's Indian agent registers the STELLADEXIN trademark and the manufacturer later authorises a rival to sell the same cookers in India, who can claim infringement?…
Why Owning a Logo Doesn’t Mean Owning Its Letters – the A TO Z’ Trademark Dispute
Can a pharmaceutical giant claim exclusive rights over the letters 'A' and 'Z'? The Delhi High Court, in Alkem Laboratories v. Prevego Healthcare, refused an interim injunction in…