delhi high court
Case BriefsHigh Courts

“Listings play a crucial role in online marketing and sales. Copying of listings also indicates that defendant is trying to pass off its products as that of plaintiff, in view of the point-of-sale confusion that becomes clearly possible.”

delhi high court
Case BriefsHigh Courts

“Viewed from the perspective of initial impression conveyed by defendant’s mark on the mind of consumer of average intelligence and imperfect recollection, if a court crosses such consumer’s mind as to whether market is not the same as, or associated with, the mark of plaintiff, which is seen earlier in point of time, “likelihood of confusion” and “likelihood of association”, within the meaning of Section 29(2)(b) of the Trade Marks Act, 1999 necessarily exists.”

delhi high court
Case BriefsHigh Courts

“While E-Commerce provide new platforms for small designers and businesses, the same ought not to be misused for the purposes of imitating and producing look alike products thereby violating any intellectual property rights.”

delhi high court
Case BriefsHigh Courts

“There can be no copyright claimed in the Scriptures. However, any adaptations of the said work including providing explanation, summary, meaning, exegesis/interpretation or creating any audio-visual works being transformative works, will be entitled to copyright protection.”

delhi high court
Case BriefsHigh Courts

“There is nothing illegal in seeking out internet users as targets for advertisements that they may find relevant. In brick-and-mortar world, there will be no question of infringement if customers looking for a product are also offered products of rival competitors”.

tis hazari court
Case BriefsDistrict Court

“Marks of plaintiff and defendant appear quite distinctive as except the word mark POLO there is no similarity. The defendant’s mark uses suffix ‘LIFETIME’ which is predominant whereas plaintiff’s mark uses suffix ‘Ralph Lauren’ and ‘picture of polo player’.”

delhi high court
Case BriefsHigh Courts

“A party that has made an assertion that its mark is dissimilar to a cited mark and obtains a registration based on that assertion, is not to be entitled to obtain an interim injunction against the proprietor of the cited mark, on the ground that the mark is deceptively similar.”

delhi high court
Case BriefsHigh Courts

The founder of the defendant institutions was not only aware of ‘Mayo Clinic’ in the USA but drew inspiration from the founder of ‘Mayo Clinic’, USA. Thus, the defendants have dishonestly adopted the ‘MAYO’ mark of the plaintiff as they are fully aware of the prior existence and use of the same by the plaintiff.