infringement
Delhi High Court dismisses plea to grant injunction to Lotus Herbals for mark ‘Lotus’ against Deepika Padukone’s brand ‘Lotus Splash’
“The products are completely dissimilar in appearance with a wide difference in the prices of the products. A consumer who uses such products would be aware of the difference between ‘Lotus Splash’ and plaintiff’s lotus family of products.”
Delhi High Court upholds registration of mark ‘Premier League’ in favour of Football Association Premier League Ltd.
“‘PREMIER’ as used in appellant’s mark is of a completely different font and style and has a small flower device on top of the word. Thus, concluded that there is no deceptive similarity on a bare perusal of the marks.”
‘Attempt to indulge in smart copying’; Delhi HC restrains Hermes Distillery from selling liquor under label ‘PEACE MAKER’ in suit by Allied Blenders and Distillers
“The differences showed that extraordinary effort has been put by defendant in identifying differences and the broad similarities are so obvious at the first look that the differences are nudged into oblivion.”
‘Similar to mark GK HAIR’; Delhi High Court restrains use of mark ‘GK WELLNESS’ for hair care products in infringement suit by company Van Tibolli
“Refusal of injunction will be contrary to public interest, as there will be likelihood of confusion, in the public, between the products of defendants and plaintiffs because of similarity of the marks used by them.”
Delhi High Court grants ad interim injunction in favour of Mannat Group of Hotels for its mark ‘MANNAT’
The MANNAT DHABA and MANNAT logo has been registered by the Mannat Group of Hotels Private Limited for their Dhabas and eateries, located at Murthal on the Delhi-Chandigarh Highway.
‘Does not constitute infringement of trade mark’; Delhi HC sets aside order restraining Booking.com from using ‘MakeMyTrip’ as keyword on Google Ads Program
“Use of trade marks as keywords cannot, by any stretch, be construed as applying the registered trade mark to any material intended to be used for labelling or packing goods, as a business paper, or for advertising goods or services.”
Delhi High Court| Tata Sons shall cease to use ‘XPERT’ as trademark but use EXPERT in a non-trademark sense in a descriptive manner for its detergent product
The grievance of RSPL Limited is the use of the mark EXPERT and depiction of the partial clock on the detergent packaging of the defendants as also the use of the word expert and use of the elongated X and DX.
Delhi High Court grants permanent injunction to Banyan Tree Holdings Ltd. for mark ‘ANGSANA’ in relation to hospitality services, spa
“Spa services have a requirement for high quality, best hygiene, safety/security of customers and if unauthorized use of plaintiff’s mark ‘ANGSANA’ is permitted to be used, the same will result in severe erosion of its goodwill.”
Delhi High Court grants permanent injunction to CNN News Channel for mark ‘CNN’ in relation to news services
“The aspect of likelihood of confusion has to be examined from the perspective of the consumer of average intelligence and imperfect recollection.”
Delhi High Court directs Voltranic India Lubricants to pay Rs. 1 lakh cost to Castrol Ltd. for infringing its ‘CASTROL’ mark
“Copying of so many marks, labels, packaging, and containers is a deliberate act on defendants’ behalf to gain monetarily by selling counterfeit products.”
‘Deceptively similar to Sun Pharma’s mark ABZORB’; Delhi HC restrains Protriton Products LLP from using mark ‘ABBZORB’ in relation to health supplements
“Even if two device marks are visually completely dissimilar, and if their textual components are deceptively similar to each other, then visual dissimilarities between marks, owing to “added matter”, pale into insignificance, where infringement is concerned.”
Delhi High Court grants injunction to Emerald Enterprises for its mark ‘EMERALD’ in relation to valves
“The name, the goods and the class of customers is identical. The Plaintiff was a long prior user of the mark and name ’Emerald’ for valves and the Defendant’s adoption is recent.”
‘Lost all rights on expiry of Franchise Agreement’, Delhi HC restrains former franchise holder, Sripati Bhushan Srichandan from using mark ‘BACHPAN’ in relation to play school services
“Defendants are directed to ensure that reference to the mark ‘BACHPAN’, either as a word mark or as a device mark, is removed from all physical and virtual sites on which the mark might be reflected in association with defendants.”
Delhi High Court restrains RPS Infrastructure Limited from using World Trade Centre marks or WTC logos
Clause 2.6 of the MOU signed between the parties clearly stipulates that upon termination/determination of this agreement the developer/respondent shall have no right to use any brand/mark associated with the consultants/petitioners, and/or any brand/mark identical or deceptively similar thereto, in relation to Project, expansion or part thereof.
Delhi High Court directs Mohalla Tech (P) Ltd. to remove Zee’s copyrighted content from ShareChat and Moj Apps and websites
“There is no injunction on Mohalla Tech (P) Ltd. using the cover versions, remixes or user generated content.”
Delhi High Court restrains use of words ‘SHRINATH’ and ‘SHREENATH’ in relation to tour and travel services; grants injunction to Shrinath Travel Agency
“The slight difference in defendants’ spelling, i.e., SHRINATH or SHREENATH really makes no difference to the aspect of infringement, as plaintiffs holds a registration for the word mark ‘SHRINATH’ per se.”
‘INDIAN STAG’ deceptively similar to ‘ROYAL STAG’, but no case of passing off made out in favour of Pernod Ricard India: Delhi High Court
“In view of pictorial depiction of stag, the “STAG” part of plaintiff’s mark has necessarily to be held to be its essential and dominating feature and the use, by defendant, of word STAG along with pictorial depiction of stag, clearly indicates imitation, by defendant, of essential features of plaintiff’s mark.”
[Paristone v. Prestige] Delhi High Court restrains manufacturers from using trade dress identical to “PRESTIGE” mark for its pressure cookers
“That defendants have chosen to imitate the manner in which plaintiff prints its logo is itself testimony to the goodwill and reputation of plaintiff, in the perception of defendant itself.”