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Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

Explore the latest 2023 updates in Indian trademark law. This post delves into recent court decisions, analyzing key rulings on trademark distinctiveness, registration, and infringement. Stay informed with insights and implications from pivotal cases shaping India’s trademark legal landscape. Continue Reading Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

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Scam 1992: The Harshad Mehta Story- Injunction

Bombay High Court Grants Dynamic Injunction in Copyright Infringement Suit against Instagram Account Holders

Introduction BananaIP is pleased to report on a recent copyright infringement case that has captured the attention of the entertainment industry. In a legal battle initiated by the producers of the highly acclaimed web series, Scam 1992: The Harshad Mehta Story, the Bombay High Court has issued a significant ruling. The court granted a dynamic injunction against 32 Instagram account holders and unknown parties, commonly referred to as John Doe defendants. This article provides an overview of the case and…

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Delhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”

The Delhi High Court passed an order granting a permanent injunction and punitive costs of ₹ 2,00,000/- to the defendant for infringing and passing off the Plaintiff’s Trademark “SADDA PIND”. Continue Reading Delhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”

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Monthly Roundup: Key IP Cases reported in March 2023

BananaIP Counsels has been following the recent developments in Trademarks, Patents, Copyrights, and Designs cases. This monthly roundup provides some insight into the developments made in these cases by various High Courts in India. The month of March saw an interesting mix of intellectual property decisions from courts in India. This post brings to you a list of important decisions relating to Trademarks, Copyrights, Patents, Consumer Protection and Accessibility Laws. We hope that this information helps our readers stay informed…

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Delhi HC Orders Institute of Cost Accountants of India to Remove ICAI Acronym

In a significant ruling, the Delhi High Court has prohibited the Institute of Cost Accountants of India from using the trademarked acronym “ICAI” for any of its services or institutions. “ICAI” is owned by the Institute of Chartered Accountants of India. The Single Bench of the court also ordered the Institute of Cost Accountants of India to remove the ICAI acronym within three months from all extant physical and virtual representations, including websites. Continue Reading Delhi HC Orders Institute of…

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Youtuber Held Liable for Unauthorized Use of Trademarks: Dabur India Limited v. Dhruv Rathee and Ors.

The petitioner, Dabur, who is the manufacturer of beverages under the name “Real”, is alleging that a Youtuber named Dhruv Rathee published a video tarnishing the petitioner’s brand reputation. The video also depicted an earlier advertisement aired, as well as a distorted image of the petitioner’s product Real, which infringes upon its trademark and copyright rights. The Calcutta High Court held that the acts of the respondent infringed upon the petitioner’s rights under section 29 (9) of the Trade Marks…

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TTK Prestige Prevails in Its Quest For the Use Of “Prestige”

The case involves a dispute over the infringement of TTK Prestige's trademark and passing off of their products by KK & Company Delhi Pvt Ltd. TTK Prestige claimed that the use of the word "Prestige" by the defendants was an infringement of their trademark and causing confusion among customers, leading to loss of business. The Delhi High Court held that the defendant had failed to provide sufficient evidence to prove their claim of being a continuous user of the trademark…

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Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

Recently in a trademark infringement case between Hermès International & Anr. v. Crimzon Fashion Accessories Private Limited, the Delhi High Court ruled that the “H” mark of the French Luxury brand Hermès International is a well-known mark, after ordering a permanent injunction against Crimzon for infringing use of the mark on its website. Continue Reading Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

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Battle over Khan Chacha Trademark

The Battle over “KHAN CHACHA” Trademark

The Delhi High Court, recently granted an ex parte interim injunction to the plaintiff Gupta And Gupta Pvt Ltd, restraining the defendants from using the mark “KHAN CHACHA”. The court observed that in cases involving trademarks or copyrights, an injunction is usually granted regardless of any delay in taking a legal action. This blog is a summary of the case so far. Continue Reading The Battle over “KHAN CHACHA” Trademark

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Accessibility is Mandatory for Businesses says CCPD

Accessibility is Mandatory for Businesses says CCPD

In a recent recommendation, the Chief Commissioner for Persons with Disabilities (CCPD) stated that private establishments such as businesses, societies, associations, and so on are bound by the accessibility requirements under the Rights of Persons with Disabilities Act, 2016 (the "RPwD Act"). It concluded in a case filed by Mr. Rahul Bajaj, an upcoming IP attorney, against Practo Technologies Private Limited ("Practo") and the Director General of Health Services ("DGHS"). In the case, Mr. Bajaj argued that the Practo application,…

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