Passing off Archives

Subway Loses Battle for Interim Injunction against Suberb

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

January 24, 2023 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1929Views 0Like

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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 2021Views 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 2137Views 0Like

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CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors.

Facts The Plaintiff, Amazon Seller Services Pvt. Ltd., owns, operates and manages the India online marketplace at www.amazon.in on which lakhs of third-party sellers and buyers interact and conduct their transactions. Plaintiff No. 2, owns the trademark ‘AMAZON’ in various classes and copyright on the ‘AMAZON’ logos. Plaintiff No.2 has licensed its copyrights and trademarks to Amazon Seller Services, for the purposes of promotion, publication and merchandising within the territory of India. Amazon Seller Services alleged that the Defendants, Amazonbuys.in and others…

June 1, 2022 BananaIP Reporter Copyrights, Intellectual Property, Trademarks 0Comment 2274Views 0Like

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Latest Trademark Cases in 2022 – Part 2

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: M/S. Apex Laboratories Pvt. Ltd Vs. Axis Life Sciences The Plaintiff, Apex Laboratories, used the trademark “ZINCOVIT” since the year 1990 and established great reputation and good will in the market. The Plaintiff adopted a distinct and a unique seven strip colour packaging from the year 2014 for their product, a multi-vitamin supplement for adults and children to boost their immunity. The Defendant,…

April 8, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1913Views 0Like

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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 3205Views 1Like

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Latest Trademark Cases in 2021 – Part 11

Avtar Singh & Ors. v. Sakshi Srivastava & Anr. There were four Plaintiffs in this case, i.e., Mr. Avtar Singh, Mr. Harkirat Singh, Aero Traders Private Ltd. and Aero Associates Pvt. Ltd., who co-owned M/s Aero Club. They filed an application for the trademark “WOODS” in the club’s name firstly in 1994 and 1996 under Class 25 and in 2017 under Class 3. The Plaintiffs together subsequently registered trademarks “WOODLAND”, “WOODLAND” (stylised) and other “WOODLAND” marks on varying dates in…

November 14, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 3679Views 1Like

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Latest Trademark Cases in 2021 – Part 10

Geetanjali Studio Private V. Nuxi To Kut N Kurl Private Limited In this case, Geetanjali Studio Private, the Plaintiff filed an application under Order 39 Rule 1 and 2 of the Civil Procedure Code 1908 seeking prima facie ex-parte injunction to restrain Nuxi To Kut N Kurl Private Limited, the Defendant, from offering for sale of any services or goods under the marks GEETANJALI, GEETANJALI SALON, GEETANJALI STUDIO or any other identical or deceptively similar marks. The Plaintiff entered into…

October 20, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 2603Views 1Like

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Latest Trademark Cases in 2021 – Part 9

Hindustan Unilever Limited v. Vansh Cosmetic and Anr In this case, the Plaintiff was the true proprietor of the marks “LAKME”, “LAKME NINE TO FIVE, NINE TO FIVE”, “9 to 5”, “LAKME EYECONIC”, “LAKME ABSOLUTE”, “LAKME ABSOLUTE WHITE INTENSE”, “LAKME ABSOLUTE ARGAN OIL RADIANCE” and many others, which had been successful in the market since 2011. Around July 2021, it was found that the Defendants were selling the counterfeit cosmetic products/goods of “LAKME” brand the counterfeit products were a blatant…

October 20, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 3260Views 0Like

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Latest Trademark Cases in 2021 – Part 8

Prateek Chandragupt Goyal vs The State of Maharashtra and Anr. In this case, the petitioner, Prateek Goyal, a journalist working with Newslaundry filed a writ petition to quash the First Information Report registered against him at Vishrambaug Police Station, Pune for offences under Section 103 of the Trade Marks Act, 1999. The FIR was registered against the petitioner by Chief Administrative Officer of Sakal Group for writing highly defamatory articles against the Sakal Media Group and that use of the…

September 29, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 2890Views 0Like

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Celebrating 20 Years of IP Excellence

Subway Loses Battle for Interim Injunction against Suberb

Latest Trademark Cases in 2022 – Part 6

Latest Trademark Cases in 2022 – Part 5

CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors.

Latest Trademark Cases in 2022 – Part 2

Latest Trademark Cases in 2021 – Part 12

Latest Trademark Cases in 2021 – Part 11

Latest Trademark Cases in 2021 – Part 10

Latest Trademark Cases in 2021 – Part 9

Latest Trademark Cases in 2021 – Part 8

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