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 Infringement
329 articles
Exacting 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…
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…
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…
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…
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…
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…
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 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…
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…