Latest Trademark Cases, 2021- Part 11

Latest Trademark Cases in 2021 – Part 11

Avtar Singh & Ors. v. Sakshi Srivastava & Anr. There were four Plaintiffs in this case, i.e., Mr. Avtar Singh, Mr. Harkirat Singh, Aero Traders Private Ltd. and Aero Associates Pvt. Ltd., who co-owned M/s Aero Club. They filed an application for the trademark “WOODS” in the club’s name firstly in 1994 and 1996 under Class 25 and in 2017 under Class 3. The Plaintiffs together subsequently registered trademarks “WOODLAND”, “WOODLAND” (stylised) and other “WOODLAND” marks on varying dates in…

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Latest Traemark Cases Part 10

Latest Trademark Cases in 2021 – Part 10

Geetanjali Studio Private V. Nuxi To Kut N Kurl Private Limited In this case, Geetanjali Studio Private, the Plaintiff filed an application under Order 39 Rule 1 and 2 of the Civil Procedure Code 1908 seeking prima facie ex-parte injunction to restrain Nuxi To Kut N Kurl Private Limited, the Defendant, from offering for sale of any services or goods under the marks GEETANJALI, GEETANJALI SALON, GEETANJALI STUDIO or any other identical or deceptively similar marks. The Plaintiff entered into…

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Latest Trademark Cases 2021, Part 9

Latest Trademark Cases in 2021 – Part 9

Hindustan Unilever Limited v. Vansh Cosmetic and Anr In this case, the Plaintiff was the true proprietor of the marks “LAKME”, “LAKME NINE TO FIVE, NINE TO FIVE”, “9 to 5”, “LAKME EYECONIC”, “LAKME ABSOLUTE”, “LAKME ABSOLUTE WHITE INTENSE”, “LAKME ABSOLUTE ARGAN OIL RADIANCE” and many others, which had been successful in the market since 2011. Around July 2021, it was found that the Defendants were selling the counterfeit cosmetic products/goods of “LAKME” brand the counterfeit products were a blatant…

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latest trademark cases 2021

Latest Trademark Cases in 2021 – Part 8

Prateek Chandragupt Goyal vs The State of Maharashtra and Anr. In this case, the petitioner, Prateek Goyal, a journalist working with Newslaundry filed a writ petition to quash the First Information Report registered against him at Vishrambaug Police Station, Pune for offences under Section 103 of the Trade Marks Act, 1999. The FIR was registered against the petitioner by Chief Administrative Officer of Sakal Group for writing highly defamatory articles against the Sakal Media Group and that use of the…

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Latest Trademark Cases, 2021 - Part 7

Latest Trademark Cases in 2021 – Part 7

Victoria Foods Private Limited v. Rajdhani Masala Co. & Anr. In this case, the Plaintiff claimed to have originally conceived and adopted the trademark “Rajdhani” for food products, condiments, confectionary, etc. Through social media it found that the Defendants, engaged in the business of Indian Spices under the name of “Rajdhani Masale Co.” and “New Rajdhani Masala Co.” were using its trademark and labels on their products. Aggrieved by the same, Plaintiff filed a suit as well as an interim…

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Latest Trademark Cases in 2021 - Part 5

Latest Trademark Cases in 2021 – Part 5

Cross Fit LLC vs Mr. Renjith Kunnumal & Anr. The Plaintiff herein used ‘CrossFit’, a registered word and device mark, on a global basis for fitness & training services as well as its domain name www.crossfit.com. The Defendants were found using the name “SFC CROSSFIT” while imparting identical gym and fitness services, in their advertisements, website, social media handles, etc. Aggrieved by the same the Plaintiff filed a suit before the High Court of Delhi and an application seeking interim…

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Trademark Updates part 4

Latest Trademark Cases in 2021 – Part 4

Sun Pharmaceutical Industries Limited vs Cipla Limited In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…

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Trademark Cases 2021 - Part 3

Latest Trademark Cases in 2021 – Part 3

This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. Sony Corporation vs. K. Selvamurthy In this case, Sony Corporation filed a trademark infringement suit  claiming dilution of its well-known SONY trademark against a sole proprietor running a tours and travels business under the name, Sony Tours and Travels. After analyzing the facts before it, the District Court came to the conclusion that the defendant did not take…

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Sun Pharma’s big win against Cadila healthcare

  Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action. Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of  "VENIZ " which belongs to Sun Pharmaceuticals. Sun Pharmaceuticals had  adopted the…

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