The Delhi High Court ruled that non-use of a trademark does not automatically bar injunctive relief if deceptive similarity and consumer confusion are present. The Court emphasized that trademark protection persists despite periods of non-use, provided legal criteria for an injunction are satisfied.
Read more about Non-use of trademark is not a valid defense against injunctionTag: Trademark Infringement
No more ‘Social’izing for Social chai
The Delhi High Court has restrained Social Chai from using the “SOCIAL” mark, finding trademark infringement and a likelihood of consumer confusion. The dispute highlights the importance of trademark protection in the restaurant industry.
Read more about No more ‘Social’izing for Social chaiExacting Standards for Pharma Trademarks and their Dominant Parts
The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and established legal principles on the scrutiny of dominant trademark parts in the pharmaceutical sector.
Read more about Exacting Standards for Pharma Trademarks and their Dominant PartsWell-known mark not a pre-requisite for grant of relief against infringement
This post discusses a Delhi High Court decision on trademark infringement involving the mark “PEBBLE” used by V Guard and Crompton. The Court held that a well-known mark is not necessary for relief under Section 29(4) if reputation in India is proven.
Read more about Well-known mark not a pre-requisite for grant of relief against infringementA.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?
The Delhi High Court addressed trademark infringement claims over the use of ‘Smith’ for identical water purification products. The decision highlights the assessment of dominant trademark elements and the likelihood of confusion among Indian consumers.
Read more about A.O. Smith Vs. Star Smith: Who owns the right over the word ‘Smith’?No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.
The Delhi High Court dismissed an interim injunction plea, holding that the use of the common surname JINDAL cannot be monopolised under trademark law. The court found no infringement or passing off, as the impugned mark was sufficiently distinct.
Read more about No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits
The Delhi High Court has restrained the use of the TOWER trademark on dry fruits, finding a risk of consumer confusion and breach of a prior undertaking. The order clarifies trademark enforcement boundaries and highlights the importance of respecting agreed limitations in Indian IP disputes.
Read more about Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruitsThe changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases
This post discusses recent High Court decisions on trademark infringement, stay of suit, and damages in India. It offers an objective analysis of key legal principles and practical implications for trademark litigation.
Read more about The changing dynamics of Infringement, Stay of Suit and damages in Trademark CasesUse of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”
The Delhi High Court ruled that selling ghee under the mark NOVYA constitutes passing off and infringement of the registered NOVA trademark. The Court’s decision imposed a permanent injunction and penalty on the Defendant for contempt, highlighting the importance of trademark protection in the dairy sector.
Read more about Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”Injunction against use of Kalyan and Kalyan Jewellers Trademarks
The Madras High Court granted an injunction against the use of Kalyan and Kalyan Jewellers trademarks, addressing a domain name dispute involving kalyanjewellers.com. The judgment reinforces protection for trademark owners in India.
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