Explore the nuances of Intellectual Property law through our latest blog post, featuring pivotal trademark case updates from Indian High Courts. Ideal for professionals seeking to grasp key legal developments in IP. Continue Reading Intellectual Property Insights: Trademark Case Updates from Indian High Courts
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…
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
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
The trial in the case Hermès International v. Mason Rothschild [22-CV-384 (JSR) (S.D.N.Y. May. 18, 2022)] has begun on 30th January 2023 in the District Court of Southern District of New York. The case, the first of its kind, raises pertinent questions regarding the intersection between Trademark and Non-Fungible Tokens and the exception of artistic expressions under the Rogers Test. The discussion on the issues in the case has been summarised in this blog. Continue Reading Can NFTs in Virtual…
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
This week’s trademark updates are as follows –
PhonePe' vs 'DIGIPE' - Madras High Court grants interim relief to the plaintiff
PhonePe Private Limited, the plaintiff, has been in the Unified Payments Interface (UPI) business since 2016. DigiPe Fintech Private Limited, the defendant filed an application for registration of the mark "DIGIPE" in September 2022 even after being issued a legal notice by PhonePe. The Madras High Court has temporarily restrained defendant from using its mark 'DIGIPE' following a trademark infringement…
This week’s trademark updates are as follows –
Delhi HC grants interlocutory injunctive reliefs for infringing the trademark of Radio Mirchi
Radio Mirchi, the plaintiff claimed to be the registered owner of the device mark “Mirchi” under the brand name “Sunday Suspense” on various webpage/web link/application/intermediary platform. The defendants, Tuneincom and others, were alleged to have engaged in unauthorized and illegal broadcasting, transmission and communication of the plaintiff’s copyrighted audio content. It was observed as a prima facie case of infringement.…
This week’s trademark updates are as follows –
Delhi High Court says 'Rooh Afza' trademark to be given high degree of protection
An appeal was moved by manufacturers of Rooh Afza against rejection of its application seeking an interim injunction against Sadar Laboratories Pvt. Ltd., who infringed their trademark. The Court observed that "Rooh Afza" had acquired immense goodwill over the years and had served as the "source identifier" for the sharbat being manufactured by Hamdard National Foundation(India) and Hamdard Dawakhana…
This week’s trademark updates are as follows –
Trademark Lawsuit filed against HGTV’s “Ugliest House in America.”
A lawsuit has been filed by HomeVestors of America, Inc., against Warner Bros. Discovery, Inc. for infringement of the former’s trademark “The Ugliest House of the Year”. The HGTV show's treatment of homeowners is not representative of how HomeVestors franchisees engage with clients, although the show's title is remarkably similar to HomeVestors' annual "Ugliest House of the Year" contest.
CoorsTek Defeats CeramTec in Battle to…