Non Use of Trademark Leads to Cancellation: Delhi High Court favors Zepto

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The Delhi High Court, in an ex-parte decision, ordered the removal of the ‘ZEPTO’ trademark registered by Mohammad Arshad in Class 35, upholding Kiranakart’s claim of non-use. The judgment affirms that trademarks must be actively used to retain validity under Section 47 of the Trade Marks Act.

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ITC’s injunction against Arpita Agro upheld

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The Delhi High Court upheld ITC’s injunction against Arpita Agro, restraining the company from using the trademark ‘POWRNYM.’ The Court ruled that the mark was deceptively similar to ITC’s ‘NIMYLE’ and ‘JOR-POWR,’ violating trademark rights. The judgment emphasized that contractual obligations and trade dress similarities must be strictly adhered to in trademark disputes.

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The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

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The Delhi High Court addressed the appeals in the Sammaan Capital v. Svamaan Financial trademark dispute. The case involved phonetic similarity, consumer confusion, and corporate branding rights. The Court maintained the status quo, requiring disclaimers in advertisements and setting a final hearing for April 2025.

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Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

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In Allahabad Law Agency v. Amazon Seller Services Pvt. Ltd. & Ors., the Delhi High Court granted a permanent injunction against online sellers distributing counterfeit copies of Law of Torts by Dr. R.K. Bangia. The Court found copyright and trademark infringement but declined to award damages, granting nominal costs of Rs. 15,000 to the Plaintiff.

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

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The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand.

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‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

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The Delhi High Court ruled on a trademark dispute between ‘Big Dipper’ and ‘Big Deeper,’ setting aside an ex parte injunction. The case centered on the assertion of transborder reputation by importers of the ‘Big Dipper’ mark. The Court relied on precedent to determine that mere global reputation is insufficient to claim trademark protection in India. The matter was remanded for fresh consideration.

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Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

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The Bengaluru Court ruled in favor of Cothas Coffee in a trademark infringement and passing-off suit, granting a permanent injunction against Defendants for using “COTHA.” The case highlights the importance of trademark rights and adherence to legal agreements in competitive business practices.

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The sticky trademark fight between “FIGHTER” and “FITTER”

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The Calcutta High Court has granted interim relief to Kamal Kumar Hirawat, restraining Maruti Poly Films from using the trademark “FITTER.” The Court held that the mark was deceptively similar to the petitioner’s registered trademark “FIGHTER,” used for adhesive tapes since 1995, and could cause consumer confusion, potentially harming the petitioner’s business.

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Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda Featured image for Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

The Madras High Court resolved a trademark dispute between M/s. The Southern India Exporting Company and M/s. The Classic Fireworks Industries, ruling that the ‘Eagle’ mark held prior rights over ‘Garuda.’ The Court found that the marks’ similarities could confuse consumers and rejected claims of acquiescence.

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Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark Featured image for Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, granting a permanent injunction against Micky Metals for passing off the “LUX” trademark. The Court emphasized the Plaintiffs’ prior use and substantial goodwill, holding the Defendant’s mark “LUX TMT” deceptively similar. Remedies included profit accounting since 2009 and the prevention of further use.

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