Trademark Infringement | Intellepedia

Well-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.

A.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.

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.

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.

The 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.

Use 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.

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.

Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court has ruled that prosecution history estoppel extends to trademark cases, impacting a party’s rights based on prior representations. Full disclosure of all prosecution material is required in trademark litigation for fair adjudication.

3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

This post analyses recent Indian trademark cases involving 3 Roses, Brooke Bond, Tiche, and Ahuja. It discusses counterfeiting, damages, and wrongful registration issues, providing insights for trademark owners and distributors.

Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

This post examines recent trademark cases from the Delhi, Calcutta, and Madras High Courts, focusing on injunctions and rectification. The analysis underlines the significance of registration and consistent trademark use for legal protection in India.