This news has been prepared by Trademark Team at BananaIP Counsels to provide an overview of the latest developments in trademark law. Highlights include the Delhi High Court denying an interim injunction on the ‘Schezwan Chutney‘ trademark, the similar pattern registered as a design does not disentitle trademark registration, no claim of trademark protection over words alone for ‘SANJHA CHULLAH‘, and Kashmiri Crafts in line for Geographical Origin Stamps. These recent judgments by courts show the importance of your brand‘s trademarks and how they can be used to protect your products or services from being infringed upon.
Delhi High Court Denies Interim Injunction on ‘Schezwan Chutney’ Trademark
The Delhi High Court refused to grant an interim injunction while hearing the trademark infringement suit filed by Capital Foods Private Limited over their trademark ‘Schezwan Chutney’. The Court opined that the mark was descriptive in nature and hence not eligible for protection as a trademark. However, it clarified that this opinion would not limit its ability to decide the case on its merits.
Similar Pattern Registered as a Design Does Not Disentitle Trademark Registration
In a suit between Apollo Tyres Limited and Pioneer Trading Corporation, the latter contended that since Apollo had registered the tire tread pattern as a design, it could not be considered as a trademark. The court disagreed with such contentions and held that Pioneer had copied Apollo’s tire tread pattern, and was trying to pass-off their own tires as those of Apollo Tyres.
‘SANJHA CHULLAH’ – No Claim of Trademark Protection Over Words Alone
In a claim of trademark infringement over the words ‘SANJHA CHULLAH’, the Supreme Court held that since these are common Punjabi words used to mean ‘clay oven’, they do not deserve individual protection or trademark registration. The plaintiff’s claim was only in respect of their device mark featuring these words together. The application was ultimately dismissed.
Kashmiri Crafts in Line for Geographical Origin Stamps
The Jammu and Kashmir Administration has applied for geographical indication (GI) stamps for two Kashmiri Crafts – crewel embroidery and chain-stitch rugs made from cotton cloth. This is expected to benefit several craftspeople hailing from the region, with officials looking into obtaining GI registration for more crafts from Kashmir.