Trademark infringement case Archives

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…

August 24, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1834Views 0Like

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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…

July 5, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1945Views 0Like

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Latest Trademark Cases in 2021 – Part 14

Agatha Christie Limited vs Registrar Of Trade Marks. In this case, Agatha Christie Limited filed a trademark application for the mark, "And Then There Were None." The Registrar rejected the application, and the Agatha Christie Limited appealed. The Delhi High Court came to the conclusion that there was no ground based on which the mark could have been rejected under the Trademarks Act, 1999, as the mark was not descriptive and because no similar marks were existing on the Register.…

December 20, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 4676Views 1Like

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Latest Trademark Cases in 2021 – Part 13

Walmart Apollo Llc vs Aayush Jain & Anr In this case, the Plaintiff owns a registered trademark for WALMART / WAL-MART. The Defendant applied for WMART and allegedly used since April, 2019. The Plaintiff filed an infringement suit against the Defendant, who was using 'WMart' and www.wmartretail.com. The Plaintiff prayed for an injunction during the pendency of the suit, which the Court granted until the next date of hearing. Citation: Walmart Apollo Llc vs Aayush Jain & Anr, Decided by Delhi…

November 16, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 3048Views 1Like

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Latest Trademark Cases in 2021 – Part 12

Pidilite Industries Limited v. Platinum Waltech Limited The Plaintiff filed this suit against the Defendant seeking relief in trade mark, copyright and designs combined with causes of action in passing off in each. The Plaintiff was a well-known manufacturer of products relating to the construction and paint industry and had a worldwide presence since 1969. The Plaintiff had several trademarks related to its products which included the DR FIXIT mark with a distinctive device of a man wearing a yellow…

November 15, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 2971Views 1Like

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Pidilite Industries vs. Vilas Nemichand Jain.

This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited…

November 24, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 750Views 0Like

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The Indian Express case

In October this year, the Bombay High Court passed its decision in the case between The Indian Express Limited and Chandran Prakash Shivhare, the publisher and distributor of a journal called "Indian Express" filed before the Bombay High Court in the year 2010, to seek an injunction against the Defendant, and to restrain them from using the title ‘Indian Express’. The crux of this case was whether a registered trademark could be infringed by the use of the identical mark which had…