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Image accompanying blogpost on "THE CHANGING DYNAMICS OF INFRINGEMENT, STAY OF SUIT AND DAMAGES IN TRADEMARK CASES"

The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of…

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Image accompanying blogpost on "Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”"

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Delhi High Court recently ruled in favour of Sterling Agro Industries, protecting their “NOVA” trademark for dairy products from a deceptively similar mark “NOVYA” used by ASR Trading Company. The Court noted the similarity in marks and packaging, the abandoned trademark application by ASR, and their its to prove otherwise, leading to a permanent injunction and penalty against the defendant. Continue Reading Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

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Use of the Trademark 'Candlelight’ for Musical Concerts

Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

The Delhi High Court restrains Festival House Immersive from using ‘Candlelight’ for concerts, in a notable trademark case filed by Fever Labs, a global live entertainment platform. Continue Reading Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

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Trademark cases relating to cricket helmets, biscuits, edible oil, and tobacco

Trademark cases relating to Cricket Helmets, Biscuits, Edible Oil, and Tobacco

In this post, we have put together 4 trademark cases that relate to trade dress and wordmark infringement/passing off. The cases involve products such as cricket helmets, biscuits, tobacco, and edible oil. In all the cases, trademark owners have been able to get positive orders in their favour. Good Day Vs. Good Times for Butter Cookies: Delhi High Court restrains the use of Blue and Yellow packaging and 'Good Times' mark for Butter Cookies. In a case involving the use of…

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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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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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Subway Loses Battle for Interim Injunction against Suberb

Subway Loses Battle for Interim Injunction against Suberb

This post details a case between U.S.-based company ‘SUBWAY’ and Infinity Foods LLLP over allegations of trademark infringement. The court dismissed the application for an interim injunction due to changes made by the defendants within a week, as they deemed there was no point of infringement. Continue Reading Subway Loses Battle for Interim Injunction against Suberb

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Latest Trademark Cases in 2022 - Part 6

Latest Trademark Cases in 2022 – Part 6

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Shyam Sel and Power Limited Vs. Shyam Steel Industries Limited The Plaintiff, Shyam Sel and Power Limited filed a suit against the Defendant, Shyam Steel Industries Limited for the infringement of its Trademark and passing off, as the Defendant was using the plaintiff’s registered trademark ‘SHYAM’ on its invoices. Both the parties were involved in manufacturing and selling Thermo-mechanically treated bars, leading to…

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Latest Trademark Cases in 2022 - Part 5

Latest Trademark Cases in 2022 – Part 5

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Khadi &Village Industries Commission V. Raman Gupta & Ors.  In this case, the Plaintiff, Khadi & Village Industries Commission was regulated under Khadi and Village Industries Commission Act, 1956. The Plaintiff was the registered proprietor of various words bearing the name "KHADI" in both Hindi and English language and also a logo in the form of 'Charkha Logos'. The Defendants started using the…

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