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…
Trade Marks Act 1999
35 articles
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…
Trade Dress Passing Off: Delhi HC Restrains GAINDA from Copying HARPIC, COLIN & LIZOL Get-Up
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…
Seeing Red: Calcutta High Court Upholds Exide’s Trade Dress Injunction Against Amaron
Can a battery brand spend years telling consumers that red means Exide, and then quietly launch its own red product line? The Calcutta High Court's Division Bench says…
Can Non-Use of a Trademark Fuel a Passing Off Claim? Delhi High Court Says No
The Delhi High Court dismissed Sana Herbals' appeal for an interim injunction against Mohsin Dehlvi and Dehlvi Remedies, holding that prior user of the NOKUF trademark by the…