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 the Bombay High Court, the court had to ask: can one registered proprietor infringe another’s mark, and did Rynox’s own pleadings doom its case?
Read more about Caught without a Helmet: The false pleadings that sank RYNOX’s Trademark suitTag: Trade Marks Act 1999
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? The Delhi High Court Division Bench answers that question and, in doing so, resets the limits of international exhaustion and prior user under Indian trademark law.
Read more about No Passport for Trademark Exhaustion – Delhi HC Resets the RulesWhy 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 an ‘A TO Z’ trademark dispute, holding the phrase descriptive and the rival mark non-infringing under Indian trademark law.
Read more about Why Owning a Logo Doesn’t Mean Owning Its Letters – the A TO Z’ Trademark DisputeTrade 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 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-UpSeeing 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 no, upholding Exide’s interim injunction against Amaron maker Amara Raja in a significant trade dress passing off ruling.
Read more about Seeing Red: Calcutta High Court Upholds Exide’s Trade Dress Injunction Against AmaronCan 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 respondents, even if followed by decades of non-use, defeats a passing off claim where goodwill never preceded the defendant’s adoption of the mark.
Read more about Can Non-Use of a Trademark Fuel a Passing Off Claim? Delhi High Court Says NoOLIVE Trademark Case: Delhi High Court on Section 11 & Prior User Rights
Featured image for article: OLIVE Trademark Case: Delhi High Court on Section 11 & Prior User Rights
Delhi High Court refuses OLIVE trademark in Class 35, holding similarity with Class 25 marks and lack of proven prior user rights under Section 11.
Read more about OLIVE Trademark Case: Delhi High Court on Section 11 & Prior User RightsWhen GM Modular Finds a Look-Alike: Trade Mark Rectification Against ‘GMW’
Trade mark rectification under Section 57 was allowed for removal of the ‘GMW’ mark from the Register of Trade Marks. Prior user rights in ‘GM’ were recognised for identical and allied goods.
Read more about When GM Modular Finds a Look-Alike: Trade Mark Rectification Against ‘GMW’Delhi High Court Cancels Registration in JBR Trademark Dispute
The registration of the JBR trademark was cancelled after identity of marks and similarity of goods were found under Section 11 of the Trade Marks Act. The Registrar’s order dismissing the opposition was set aside.
Read more about Delhi High Court Cancels Registration in JBR Trademark DisputeSame Hair, Same Care, Same Jasmine: Too Familiar for Trade Mark and Copyright Comfort
In the case of Marico Limited vs Minolta Natural Care, the court examined whether the defendants’ Jasmine and Hair Protection hair oil products unlawfully copied the distinctive trade dress, logos, and packaging of the plaintiff’s well known Jasmine and Hair and Care hair oil products sold under the Parachute house mark, and granted interim relief to the plaintiff.
Read more about Same Hair, Same Care, Same Jasmine: Too Familiar for Trade Mark and Copyright Comfort