Trademark Dispute | Intellepedia

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

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.

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

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.

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

The Madras High Court set aside the registration of the Garuda mark, citing a likelihood of confusion with SIECO’s prior Eagle trademark. The court found that the marks’ similarities could mislead consumers and rejected the defence of acquiescence.

“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

The Delhi High Court dismissed L’Oréal’s appeal against the CLARIWASH trademark, finding no deceptive similarity or grounds for cancellation. Procedural errors during examination were not considered sufficient for removal, and the respondent’s prior use was recognised.

Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

The Delhi High Court dismissed Wipro’s appeal against an injunction favouring Himalaya’s prior use of the EVECARE trademark. The court held that prior user rights and likelihood of confusion prevailed over trademark class differences in this passing off case.

Madras HC on Phonetic Similarity: Little Einsteins vs. Little Einsteinz

The Madras High Court examined the issue of phonetic similarity in a trademark dispute involving ‘LITTLE EINSTEINS’ and ‘LITTLE EINSTEINZ’. It held that the Respondent’s mark was deceptively similar, leading to rectification of the Trade Marks Register.

Delhi HC Orders Institute of Cost Accountants of India to Remove ICAI Acronym

The Delhi High Court has ruled that the Institute of Cost Accountants of India cannot use the ICAI acronym, recognising the trademark rights of the Institute of Chartered Accountants of India. This judgment clarifies the legal protections available for registered trademarks in the context of professional bodies.

Weekly Trademark Updates

This bulletin presents key trademark updates, including court-referred mediation in the CHAAYOS case and amicable settlement in the Coke Studio dispute. It also addresses international and domestic trademark matters curated by BananaIP Counsels’ experts.

PhonePe and BharatPe Lock Horns, Diablo Trademark in Dispute and more

This bulletin examines significant trademark disputes, including PhonePe versus BharatPe and the Diablo trademark opposition, alongside updates in geographical indications and domain name disputes. The analysis offers objective, fact-based insights on recent legal developments.

Chanel Unsuccessful Against Huawei, Adidas Unveils Yoda Shoes, and more

This bulletin covers significant trademark disputes involving Chanel, Huawei, and Facebook, along with licensing updates from Adidas and Casetify. It also highlights recent Indian trademark and GI developments, maintaining an objective legal perspective.