Delhi High Court grants ex-parte ad-interim injunction in favour of Mankind Pharma Ltd. to restrain infringement of trade mark
It was said that if no ex-parte ad-interim injunction is granted, Mankind Pharma would suffer an irreparable loss.
Trade Mark
Delhi High Court grants interim protection to Moti Mahal; temporarily restrains its ex-franchisee from using Moti Mahal’s registered trade marks
Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.
Delhi High Court upholds trade mark rights of Ganesh Grains over its ‘GANESH’ marks; directs cancellation of ‘GANESH HARA MATAR’ mark
“Petitioner has established that that it was the prior registered proprietor and prior user of the mark ‘GANESH’ and its other formative marks since 1936. The adoption and use of the mark ‘GANESH HARA MATAR’ by Respondent 1, is likely to create confusion in the market.”
Delhi HC protects personality rights of renowned cardiac surgeon Dr Devi Shetty; temporarily restrains infringement of Narayana Health trade marks
It is submitted that Plaintiff 1 is a ‘celebrity’ and has a valid and enforceable personality right. He satisfies the dual test of personality rights, viz. having a valid and enforceable personality right on account of being a well-known reputed personality and the same is clearly identifiable in the infringing content uploaded by Defendants 1-8 and 13 on their social media accounts.
Bombay HC restrains Chrome21 India from infringing Hind Rectifiers’s mark ‘HIRECT’; declares ‘HIRECT’ as a well-known trade mark
The rival marks are structurally, phonetically, and visually identical and/or deceptively similar when compared as a whole and the word ‘HIRECT’ is the important, prominent, and essential feature of the plaintiff’s registered mark.
Bombay HC grants temporary injunction to mark “CAMPA” in a trade mark infringement case against “JHAMPA”
Defendant’s dishonesty is evident as only after defendant received applicant’s cease-and-desist notice, it filed a trade mark application for the impugned mark “JHAMPA” on 05-09-2024, claiming use from 01-01-2024.
Delhi High Court grants ex-parte ad interim injunction to Skechers South Asia Pvt. Ltd. for protection of 32-year-old Trade Mark
The infringers were restrained from using Skechers’ trade mark and artistic works or any other trade mark or artistic work identical or similar to Skechers, till the next date of hearing.
Bombay HC grants interim injunction in favour of Sketchers in trade mark infringement case against Wardrode
The adoption of plaintiffs’ trade marks and plaintiffs’ artistic works in relation to the impugned goods by defendants is dishonest.
Bombay High Court declares ‘Girnar’ as a well-known trade mark in relation to tea
The trade mark/label mark ‘Girnar’ surpasses the scope of merely encompassing products/services sold or rendered under the said trade mark and the recognition, reputation, and goodwill of plaintiff-Girnar Food & Beverages Pvt. Ltd. in its trade mark extended beyond any specific class of goods or services.
Delhi HC allows settlement in trade mark infringement case between ‘BURJNOIDA’ project owner and Dubai based Jumeirah Beach Resort
Usage of trade mark ‘BURJNOIDA’ was allowed because the residential project had been in construction for the last ten years.
‘Amul is a well-known mark’; Delhi High Court restrains Bio Logic and Psychotropics India Pvt Ltd from using mark similar to ‘AMUL’
No plausible explanation was provided by the defendants as to why the trade mark ‘AMUL’ was adopted. No written statement was filed on behalf of the defendants. The conduct of the defendants highlighted their mala fide and dishonesty in adopting the same mark, as that of the plaintiffs’.
Delhi High Court cancels trade mark ‘LI’L MONSTER’ to protect the Intellectual Property Rights of Monster Energy Co.
The trade mark ‘MONSTER’ had been adopted by Monster Energy Co. in 2002 in the United States of America.
[Amul v. Amuleti] Delhi HC grants interim relief to Gujarat Co-operative Milk Marketing Federation Ltd; restrains Terre Primitive from using marks/logos similar to ‘AMUL’
The plaintiffs submitted that Defendant 1 is dishonestly using an identical and deceptively similar trade mark as that of the plaintiffs’, so that any ordinary consumer would be misled to believe that Defendant 1’s products are that of the plaintiffs or associated with or emanating from the plaintiffs.
Delhi High Court temporarily restrains Star Hospitality from using mark ‘SOCIAL’; grants interim injunction to Impresario Entertainment and Hospitality (P) Ltd.
“An average consumer with an imperfect recollection is likely to be deceived into thinking that the plaintiff has opened a new ‘SOCIAL’ outlet in Vadodara, Gujarat where the defendant is operating its outlet.”
Delhi High Court grants interim injunction against T-Series from using “Aashiqui” title in their proposed film
The term “Aashiqui” does not describe the general category of goods or services (films) but instead functions as a distinctive brand identifier for the Aashiqui Franchise.
Delhi High Court directs ‘Andaaz-E-Nizaam’ restaurant to change name in Trade Mark infringement plea by ‘Nizam’s
Section 47 of the Trade Marks Act, 1999 provides for taking a registered trade mark off the Register on account of non-use of the trade mark.
Delhi High Court grants permanent injunction to Adidas AG in suit filed for infringement of ‘ADIDAS’ trade mark
It was said that when a mark as distinctive and well-known as “Adidas” is copied, it can dilute the mark’s distinctiveness and harm the brand’s reputation, irrespective of the differences in the product categories.
Delhi High Court grants interim injunction against shops from unauthorised use of brand name ‘Peter England’ outside their shops
The brand ‘Peter England’ was introduced in 1997 and later acquired by Aditya Birla Fashion and Retail Ltd. in 2000.
Delhi High Court grants interim injunction to Dr. Reddy’s in suit filed to restrain violation of trade mark “REBAHEAL”
Since the rival trade marks were visually and phonetically identical, it would cause confusion and deception amongst the general public, doctors, and chemists.
‘Registration does not confer immunity from challenges’; Delhi High Court grants interim injunction to prevent usage of trade mark ‘HUALI’
The Delhi High Court said that while trade mark registration offers statutory benefits, it does not obliterate prior common law rights established through actual use and accrued goodwill in the market.