ITC’s Dakshin Restaurant Case: Too Much Trademark Spice, Too Little Copyright Proof
In the case of ITC Limited and Anr. v. Adyar Gate Hotels Limited, the dispute arose from a restaurant that carried the same name through a long hotel…
Trademark Infringement
331 articles
Use It or Lose It: Prior Use Trademark India Principles Seal FIELDMARSHAL Victory for PM Diesels
In a dispute stretching over four decades, the Delhi High Court ruled on the battle between PM Diesels Private Limited and Thukral Mechanical Works over the FIELDMARSHAL trademark…
Old Invoices, New Trouble: Prior Use Trumps Registration in ATHERMAL Case
In a dispute over the mark ATHERMAL used on welding safety goods, the Delhi High Court set aside a trial court interim injunction against Amit Bansal, finding that…
Chacha in Sarees: Delhi HC on Trademark Distinctiveness
The Delhi High Court's Division Bench has reversed a Commercial Court order that dismissed Chacha Saree Bazar Pvt. Ltd.'s interim injunction application on the ground that "Chacha" is…
What’s in a God’s Name? Siyaram Wins Trademark Battle in Bombay
Siyaram Silk Mills and Stanford Siyaram Fashion Private Limited clashed before the Bombay High Court in a trademark infringement and passing off dispute over the "Siyaram" mark. Can…
Caught without a Helmet: The false pleadings that sank RYNOX’s Trademark suit
Rynox Gears and Steelite India both hold registered trademarks for motorcycle-related products - RYNOX and RHYNOX respectively. When Rynox sued Steelite for trademark infringement and passing off before…
No Passport for Trademark Exhaustion – Delhi HC Resets the Rules
When a Chinese manufacturer's Indian agent registers the STELLADEXIN trademark and the manufacturer later authorises a rival to sell the same cookers in India, who can claim infringement?…
Volkswagen vs Maruti Suzuki: When MOTION met TRANSFORMOTION, Similarity missed the bus!
In the case of Volkswagen AG v. The Registrar of Trade Marks and Anr., Volkswagen opposed Maruti Suzuki’s application for TRANSFORMOTION in Class 12 on the ground that…
Can Anyone Own the “Forest”? Delhi High Court Applies Anti Dissection Rule in Forest Essentials case
The Delhi High Court recently refused to grant an interim injunction in the dispute between Forest Essentials and Baby Forest Ayurveda. The court held that “BABY FOREST” was…
Too good to be true: the ALPS Rosemary Water Trademark Infringement case
Delhi Court awards ₹10 lakh damages in ALPS GOODNESS trademark infringement case, holding sellers liable for counterfeiting and directing Flipkart to disable listings.