Trademark Law India | Intellepedia

Can Anyone Own the “Forest”? Delhi High Court Applies Anti Dissection Rule in Forest Essentials case

Banner image of a dense forest with sunlight filtering through tall trees and a path running through it, featuring the text “Who owns the FOREST?” in a green label.

The Delhi High Court recently refused to grant an interim injunction in the dispute between Forest Essentials and Baby Forest Ayurveda. The court held that “BABY FOREST” was not deceptively similar to “FOREST ESSENTIALS,” and that the word **“FOREST,” being a dictionary word, could not be monopolised without strong evidence of secondary meaning. Applying the anti dissection rule, the court concluded that the marks must be assessed as a whole and declined to interfere with the Single Judge’s refusal of interim relief.

Intellepedia’s Top Trademark Articles of 2025: A Year in Review

Discover key 2025 Indian trademark rulings on infringement, trade dress, intermediary liability, and procedural fairness in this roundup from Intellepedia.

Promodome Trademark Dispute: Ex-Parte Injunction Granted

Colourful collage of words and the text 'Promodome Communication Secures Ex-Parte Injunction Against Promodome Digital' in white towards the right

The Delhi High Court granted an ex-parte injunction in favour of Promodome Communication Private Limited, restraining the defendant from using identical marks and domain names. The decision highlights the Court’s handling of clear-cut trademark infringement and passing off matters.

PAAKASHALA Brand Wins Trademark Injunction: Karnataka HC Rules Against Descriptive Use Defense

An artistic and colorful image of various fruits, vegetables, and food items flying or exploding outward from the center. The composition includes items like tomatoes, bell peppers, onions, broccoli, pineapple, bread rolls, and leafy greens, all suspended mid-air. There are also stylized humanoid food figures interacting with the scene, creating a lively and surreal food battle effect against a bright background.

In a dispute over the restaurant brand PAAKASHALA, the Karnataka High Court restrained a Mysuru outlet from using a similar name. The Court found that the plaintiff, a registered trademark owner, had made out a prima facie case of infringement.

Technical Delay Cannot Lead to Trademark Opposition Abandonment

The Delhi High Court held that procedural lapses, such as failing to file an original affidavit on time, cannot justify abandonment of trademark opposition if there is clear intent to comply. The judgment underscores the primacy of substantive rights over minor technicalities in Indian trademark law.

‘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.

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court granted interim relief in a trademark dispute involving “FIGHTER” and “FITTER” for adhesive tapes, finding deceptive similarity. The decision highlights the court’s approach to trademark protection and irreparable harm in such cases.

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court rejected Monster Energy’s trademark application, finding “Energy for the Journey” was generic and lacked distinctiveness. The decision clarifies the legal threshold for trademark registrability under Indian law.

COCOMELON spells a ‘Melon’cholic end for Copycat Competitors

The Delhi High Court cancelled a deceptively similar trademark registration for COCOMELON, reinforcing protections for well-known marks. The judgment highlights that substantial similarity and bad faith can lead to trademark cancellation in India.

Polo rides to the finish line in trademark infringement dispute

The Delhi District Court decided in favour of Polo in a trademark infringement and passing off dispute against Landmark Traders and Mystic Emin Private Ltd. The judgment clarifies key legal standards for assessing similarity and confusion in Indian trademark law.