Passing off Archives

Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

The Delhi High Court dismissed Wipro’s appeal, upholding an interim injunction favoring Himalaya Wellness in the ‘Evecare’ trademark dispute. The court found that Wipro’s use of the identical mark for its female hygiene product created a likelihood of confusion with Himalaya’s Ayurvedic uterine tonic, which had been in use since 1997. The decision emphasized the precedence of prior use over trademark registration in cases of passing off. Continue Reading Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

3 days ago BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 38Views 0Like

ShareFacebook

Design infringing water purifiers taken down from Flipkart

On 1 October 2024, the Delhi High Court granted an ex-parte ad-interim injunction in favor of Kent RO Systems Ltd. in a case involving design infringement and passing off. The court restrained the defendants from selling infringing water purifiers and directed Flipkart to remove all listings of the infringing products. Continue Reading Design infringing water purifiers taken down from Flipkart

5 days ago BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 67Views 1Like

ShareFacebook

Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, holding that Micky Metals’ use of the “LUX TMT” mark constituted passing off. The Court granted a permanent injunction, emphasizing that the Plaintiffs’ trademark rights extended even to dissimilar goods. Continue Reading Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

October 3, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 62Views 0Like

ShareFacebook

Flipkart’s Latching On Feature and Trademark Passing Off

The Delhi High Court ruled in favor of Modern Mold Plast, directing Flipkart to block unauthorized sellers from using the ‘MAHARAJA’ trademarks on its platform. The court confirmed that unauthorized sellers latching onto existing listings amounted to passing off and infringing upon the plaintiffs’ trademark rights. Continue Reading Flipkart’s Latching On Feature and Trademark Passing Off

September 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 242Views 1Like

ShareFacebook

“Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!

The Delhi High Court granted an interim injunction in favor of Himalaya Global Holdings, restraining the defendants from infringing on the “Liv.52” trademark and using deceptively similar packaging. The court also appointed local commissioners to seize infringing products and gather evidence at the defendants’ premises. Continue Reading “Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!

September 24, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 226Views 3Likes

ShareFacebook

Fake Headsets? Not on Samsung’s Watch: Court Issues Permanent Injunction

The Delhi District Court issued a permanent injunction in favor of Samsung, preventing further sale of counterfeit headsets by several defendants. The Court confirmed trademark infringement and ordered the destruction of fake goods. Samsung was awarded litigation costs but punitive damages were denied. Continue Reading Fake Headsets? Not on Samsung’s Watch: Court Issues Permanent Injunction

September 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 192Views 0Like

ShareFacebook

Century Ply’s claims of Trademark infringement do not fly, rules court

The Delhi Tis Hazari Court dismissed a trademark infringement suit filed by Century Plyboards against Shree Balaji Ply Center. The court found the plaintiff’s allegations based on hearsay evidence and lack of credible proof, resulting in a ruling in favor of the defendant, awarding them the costs of defending the suit. Continue Reading Century Ply’s claims of Trademark infringement do not fly, rules court

September 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 271Views 4Likes

ShareFacebook

Did Emerge Classes’ mark fail the ‘passing off’ test?

The Srinagar Bench of the Jammu and Kashmir High Court dismissed an appeal by Emerge Classes in a trademark passing off case. The court emphasized that minor differences in trademarks do not necessarily make them distinct, upholding the injunction in favor of KIE and its associated entities. Continue Reading Did Emerge Classes’ mark fail the ‘passing off’ test?

August 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 306Views 1Like

ShareFacebook

Marc Salon’s Design Makes the Cut: Court Grants Injunction

The Delhi High Court has confirmed an interim injunction in favor of Marc Salon in a case against GM Sales involving claims of passing off, copyright infringement, and unfair trade practices. The ruling underscores the protection of Marc Salon’s unique furniture designs and highlights the significance of intellectual property rights in the industry. Continue Reading Marc Salon’s Design Makes the Cut: Court Grants Injunction

July 4, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 348Views 0Like

ShareFacebook

Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

The Calcutta High Court ruled that while Emami could not establish trademark infringement, it succeeded in its passing off claim against Unilever’s ‘Glow and Handsome’. The court ordered Unilever to cease using the mark within a month, upholding Emami’s rights and protecting its brand reputation. Continue Reading Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”