The Delhi High Court has issued an ex-parte ad-interim injunction against a restaurant/café operating under the name of Social Chai. The Court held that the addition of the suffix “CHAI” to “SOCIAL” is insufficient to effectively differentiate the Defendant’s mark from that of the Plaintiff’s, especially due to the identical domain of restaurant services. Continue Reading No more ‘Social’izing for Social chai
The Delhi High Court allowed an interlocutory injunction against the Defendants to restrict their use of the mark “TOWER” to manufacture and sell dry fruits. This Court stated that a defendant cannot determine the ambit of what constitutes “Plaintiff’s goods of interest”. Continue Reading Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits
BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version]
Structure of the Report
The Report is structured based on the primary…
This post provides a summary of Indian Trademark Cases for the year 2021
El Baik Food Systems Co. S.A vs Arsalan Wahid Gilkar & Anr.
In a recent decision, the Delhi High Court granted an Ex-parte Injunction against use of the trademark ‘Albaik’ for restaurants and related services. The Plaintiff in the case was the Albaik Group based out of Saudi Arabia, which started its business in 1986. The Plaintiff briefly operated under the mark, Albaik, in India between 2017 and…
This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country.
Sony Corporation vs. K. Selvamurthy
In this case, Sony Corporation filed a trademark infringement suit claiming dilution of its well-known SONY trademark against a sole proprietor running a tours and travels business under the name, Sony Tours and Travels. After analyzing the facts before it, the District Court came to the conclusion that the defendant did not take…
This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. Part 1 can be accessed here.
Franco Indian Pharmaceuticals ... vs Micro Labs Limited And Anr
In this case, The Bombay High Court granted an Exparte injunction with respect to the word and label marks, Dexorange, and trade dress of the bottle. The trademarks were being used for folic acid supplements for more than 50 years, and the…
This post provides a summary of Indian Trademark Cases of 2019
HSIL Limited v. Gujrat Ceramic Industries & Anr. [I.A. 5185/2018]
Decided On: 08.01.2019
Court: Delhi High Court
Hindustan Sanitaryware & Industries Limited (HSIL) filed for a permanent injunction in the Delhi High Court to restrain Gujarat Ceramic Industries (GCI) from using the trademarks ‘Hindustan Vitreous’ or ‘H Vitreous’ which are identical/deceptively similar to HSIL’s registered trademarks. HSIL, India’s largest manufacturer of sanitaryware products, having a presence in over 50 cities is the registered…
McDonald's recently won favour with the EU Office in a case of opposition which it filed against Supermac’s trademark application in the European Union, to prevent Supermac from registering its brandname as a trade mark in EU. Supermac had planned a major expansion in the UK, the EU and Australia.
Supermac is an Irish origin fast food company started by Pat McDonagh, in 1978. The Mighty Mac double burger and the Chicken Snack Box has been popularised since then with revenues…