Celebrating 20 Years of IP Excellence

Image accompanying blogpost on "Emami vs Unilever : Court says No “Glow" to Unilever's "Handsome""

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”

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Image accompanying blogpost on "ITC Protects "Gold Flake" Brand: Court Halts Sale of Deceptively Similar Cigarettes"

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

ITC Limited, the owner of the “Gold Flake” trademark for cigarettes, successfully obtained an injunction against competitors using confusingly similar brands like “Gold Falcon” and “Gold Flicker”. Continue Reading ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

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Exacting Standards for Pharma Trademarks and their Dominant Parts

Exacting Standards for Pharma Trademarks and their Dominant Parts

In this infringement and passing off case filed by Sun Pharma against Glenmark, the Court was asked to determine if the trademark “INDAMET” infringes upon the trademark “ISTAMET XR CP”. Sun Pharma’s “ISTAMET XR CP” was registered in 2014 by its predecessor in title, and Glenmark’s trademark, INDAMET, was registered in 2021. Continue Reading Exacting Standards for Pharma Trademarks and their Dominant Parts

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Well-known mark not a pre-requisite for grant of relief against infringement

Well-known mark not a pre-requisite for grant of relief against infringement

The dispute centers on the “PEBBLE” mark used by V Guard and Crompton. V Guard, adopting it in 2013 for electric water heaters, clashed with Crompton’s 2020 application for “CROMPTON PEBBLE” for electric irons. Delhi High Court’s injunction restrained Crompton from using “PEBBLE,” citing Trade Marks Act violations. The Court upheld V Guard’s reputation, dismissing Crompton’s appeal. Continue Reading Well-known mark not a pre-requisite for grant of relief against infringement

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Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

In a landmark ruling, the Delhi High Court settled a decades-long dispute over the ownership of the ‘FIELDMARSHAL’ trademark. Confirming PM Diesel’s prior and legitimate usage since 1963, the court dismissed Thukral Mechanical Works’ claim based on a later acquisition. This judgment underscores the critical importance of prior user rights in trademark disputes. Continue Reading Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

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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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