The Delhi High Court addressed the appeals in the Sammaan Capital v. Svamaan Financial trademark dispute. The case involved phonetic similarity, consumer confusion, and corporate branding rights. The Court maintained the status quo, requiring disclaimers in advertisements and setting a final hearing for April 2025.
Read more about The Battle for Respect continues: Sammaan Capital v. Svamaan FinancialTag: trademark law
A battle for respect : Svamaan Financial Takes on Sammaan Capital in Trademark case
In a significant trademark dispute, the Delhi High Court ruled in favor of Svamaan Financial Services, granting an interim injunction against Sammaan Capital Limited and its affiliates. The Court found that the defendants’ marks were deceptively similar to Svamaan, potentially misleading consumers. The ruling reinforces the importance of brand identity and legal recourse in financial services.
Read more about A battle for respect : Svamaan Financial Takes on Sammaan Capital in Trademark caseCourt directs cancellation of “STAR” Trademark for lack of honest and concurrent use
The Madras High Court cancelled the STAR trademark held by S Star Trading Co., recognising the Petitioner’s prior use and distinctiveness. The Court found the Respondent’s adoption of the mark dishonest and likely to cause confusion, directing cancellation for lack of honest and concurrent use.
Read more about Court directs cancellation of “STAR” Trademark for lack of honest and concurrent useVIVO sticks strong against VIVO adhesives, rewarded with well-known trademark status in India
The Delhi High Court declared VIVO a well-known trademark in India after finding infringement and passing off by an adhesive manufacturer. The Court issued a permanent injunction and set out legal criteria for determining well-known status and trademark protection under Indian law.
Read more about VIVO sticks strong against VIVO adhesives, rewarded with well-known trademark status in IndiaOnly Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court
The Calcutta High Court has ruled that only officers with quasi judicial authority may issue binding trademark orders under the Trade Marks Act. Orders passed by unauthorized officials were declared void, setting a significant precedent for the administration of trademark opposition proceedings in India.
Read more about Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High CourtNon-use of trademark is not a valid defense against injunction
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 injunctionNo 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.The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court
The Delhi High Court has held that ‘KONDRU’ and ‘LOBAN’ are generic terms and cannot be monopolised as trademarks. The judgment emphasises that such terms, being publici juris, are not eligible for exclusive trademark rights.
Read more about The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High CourtThe 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 CasesInjunction 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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