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 CourtTag: trademark law
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 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.
Read more about Injunction against use of Kalyan and Kalyan Jewellers TrademarksTrademark refusal without notice and ‘40’ suffix similarity
Two recent Delhi High Court rulings clarify the consequences of unserved opposition notices and the assessment of trademark similarity based on numeric suffixes. The post analyses both decisions and discusses the procedural challenges in Indian trademark law.
Read more about Trademark refusal without notice and ‘40’ suffix similarityWill a trademark invalidity plea in response to an interim application count for Section 124?
The Madras High Court has clarified that a trademark invalidity plea under Section 124 can be made in documents beyond the written statement, such as counter affidavits in interim applications. This broad interpretation ensures that the right to seek rectification is preserved even if the written statement is forfeited.
Read more about Will a trademark invalidity plea in response to an interim application count for Section 124?Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks
This post examines recent trademark cases from the Delhi, Calcutta, and Madras High Courts, focusing on injunctions and rectification. The analysis underlines the significance of registration and consistent trademark use for legal protection in India.
Read more about Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ MarksPatanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement
This post provides an analytical overview of recent Delhi High Court decisions on trademark and trade dress enforcement. Notable cases include disputes involving Patanjali, Kinley, and Head Racer, reflecting current legal trends in India.
Read more about Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement