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 for over a century. Therefore, the mark requires a high degree of protection and it is essential to ensure that the competitors keep a safe distance from it.
The appellants had claimed that use of marks like “SHARBAT DIL AFZA” or “DIL AFZA” are likely to cause confusion and amounted to infringement of its registered trademark “SHARBAT ROOH AFZA” or “ROOH AFZA.”
‘WhiteHatSr’ vs ‘WhiteHat Jr’- Byju’s owned start-up granted interim injunction by Delhi HC
A suit was brought against a digital marketing service provider for infringing Byju’s mark- WhiteHatJr. After comparing the trademarks of the two parties, as well as their domain names, the High Court observed that the “replacement of the suffix ‘Sr’ in ‘WhiteHat Jr’ would not result in a material difference” so as to distinguish the two marks. The HC said “consumers will be misled” that Singh is in some manner associated/affiliated with Whitehat Education Technology Private Limited or that their services are connected in its prima facie opinion.
The court directed the defendant to take down all social media pages which infringe the plaintiff company’s trademark along with their domain names.
Amazon may violate trademark rights by selling counterfeit Louboutin merchandise: ECJ
The European Court of Justice ruled on Thursday that Amazon could be held liable for violating the trademark rights of luxury shoemaker Christian Louboutin due to the sale of counterfeit red-soled high-heeled shoes on its platform. Third-party vendors frequently market red-soled stilettos that are not manufactured by Louboutin on Amazon. In 2019, the French designer filed lawsuits against the corporation in Belgium and Luxembourg, claiming that he had not given permission for these products to be sold. The well-known Louboutin shoes with red soles, is a registered EU and Benelux trademark.
Delhi HC restrains company from using YSL and Yves Saint Laurent trademarks
Justice Sanjeev Narula of the Delhi High Court recently temporarily restrained a Delhi-based company from using the marks “YSL” and “Yves Saint Laurent” which belongs to the company Yves Saint Laurent. The suit titled as Yves Saint Laurent vs Brompton Lifestyle Brands Pvt Ltd., was moved by the fashion company for infringement of its trademarks, copyrights and for passing off, seeking permanent and mandatory injunction against Brompton Lifestyle Brands Pvt. Ltd., which was allegedly unauthorizedly operating a boutique under the plaintiff’s brand name in New Delhi.
Additional Secretary, Union Ministry of Agriculture and Farmers Welfare, chairs meeting on application and use of GI of Honey
Dr. Abhilaksh Likhi, Additional Secretary for the Union Ministry of Agriculture and Farmers Welfare, presided over a meeting on the application and usage of Geographical Indication (GI) of Honey that was held at Krishi Bhawan in New Delhi on Thursday. Dr. Likhi stated that the National Bee Board (NBB) will assist stakeholders in acquiring GI Tags for various types of honey, with assistance from State Governments and other stakeholders. He stated that GI Tagging will be of great benefit to the beekeeping community, as beekeepers will be able to add value to honey and other beehive products after receiving the GI tag. It was further stated that a Central Sector Scheme named “National Beekeeping and Honey Mission” has been launched by the Government under Aatmanirbhar Bharat announcement.
Authored by Lavanya Anand (Associate, BananaIP Counsels) and Anjana Gopinath (Intern).
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