trademark law | Intellepedia

Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed

In the case of Edible Products (India) Limited vs Shalimar Chemical Works Private Limited, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off.

Notarized document from a foreign Country must be accepted, says Calcutta High Court in Trademark case

A person stands facing three doors labeled "Foreign Notary," "Notary" (center), and "Indian Notary," symbolizing the dilemma of choosing between different types of notarization for legal documents.

Calcutta HC rules notarized foreign documents valid without apostille in Marriott trademark opposition, reinforcing fair procedure and natural justice.

Trademark Trouble Brewing: What ‘COX 5001’ Got Wrong About ‘HAYWARDS 5000′

A bottle of Haywards 5000 beer placed centrally on a rustic stone table, surrounded by ripe red tomatoes, herbs, and a metal pot, styled like a still-life painting with warm, earthy tones.

Bombay High Court grants AB Inbev a permanent injunction against Jagpin’s “COX 5001” mark, ruling it infringes the “HAYWARDS 5000” and “FIVE THOUSAND” trademarks.

BADAL Trademark Rectification and Assignment Fraud

A magnifying glass and a pen placed over a document titled Trademark Assignment Agreement.

The Delhi High Court rejected a rectification petition challenging the assignment of the BADAL trademark on grounds of alleged fraud. The Court held that the Petitioner did not submit sufficient evidence to prove fraud or invalidate the registration, upholding the mark’s validity.

Dispute Over a Flower: Goodwill in Relevant Trade

An abstract colourful background with the silhouette of two hands reaching out to a tulip flower in the middle.

The Delhi High Court clarified that prior trademark use is insufficient without proven goodwill in relevant trade or market. The decision in Suparshva Swabs v AGN International highlights the importance of market-specific reputation for passing off claims and sets clear boundaries for allied goods in trademark disputes.

Intra-Court Appeals Not Maintainable in Trademark Appeals: Calcutta High Court Interprets Section 100A CPC

In the case of Glorious Investment Limited vs Dunlop International Limited & Anr., the Calcutta High Court ruled that no intra-court appeal lies against an order of a Single Judge made under Section 91 of the Trade Marks Act. The court held that once a Single Judge exercises appellate jurisdiction under the Act, a further appeal is barred by Section 100A of the Civil Procedure Code.

Glucon-D and Glucon-C Trademark Suit: Court Says Pre-Litigation Mediation is Mandatory

In the case of Zydus Wellness Products Ltd. v. Karnal Foods Pack Cluster Limited, involving the trademarks “Glucon-D” and “Glucon-C”, the Himachal Pradesh High Court reiterated that plaintiffs must mandatorily attempt pre-litigation mediation before filing commercial suits, unless there is a clear and justifiable urgency requiring interim relief. The Court examined the timeline of the plaintiff’s actions and found no genuine urgency to bypass the mediation step.

Actor Vijay’s Tamilaga Vettri Kazhagam Flag Use Allowed as Court Finds No Prima Facie Trademark or Copyright Violation

Illustration of an actor beside a film clapperboard, with the headline ‘Actor Vijay’s Tamilaga Vettri Kazhagam flag use allowed; no prima facie trademark or copyright violation.

In the case of G B Pachaiyappan vs Tamilaga Vettri Kazhagam, the Madras High Court addressed claims of trade mark infringement, copyright infringement, and passing off against a political party over its use of a flag allegedly similar to one adopted earlier by a social trust. The court declined to grant interim injunctions.

Yatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says Court

In the case of Yatra Online Limited v. Mach Conferences and Events Limited, the Delhi High Court examined whether a travel company could claim exclusive rights over the term ‘YATRA’. Concluding that the mark was descriptive and not distinctive, the Court refused to restrain the defendant from using a similar mark.

Delhi High Court Remands Trademark Applications for Re-Examination

A warning sign with a yellow background and black border displaying the text "WARNING: PROCEDURE LAPSES AHEAD" under a triangular caution symbol, indicating potential procedural errors or issues.

In the case of M/s Kamdhenu Limited v. Union of India & Ors., the Delhi High Court exercised suo moto jurisdiction under Article 226 to address procedural lapses by the Trade Marks Registry in accepting trademark applications. The Court found omissions in the Search Reports and noted the lack of application of mind by the Registry, prompting remand of the applications for fresh examination.