Trademark Application Refusal Overturned in Mocemsa Case
Introduction In a recent decision, the Delhi High Court ruled in favor of M/S. Mocemsa Care (“Mocemsa”) in its appeal against the trademark application refusal by the Trade…
trademark law
131 articles
The Battle for Respect continues: Sammaan Capital v. Svamaan Financial
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…
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 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…
VIVO 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…
Only 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…
Non-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…
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…
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,…
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…