Delhi HC Decrees “Birla” Trademark Suit In Favour Of Birla Companies After Aryanson Paints Agrees To Settlement

The Delhi High Court has brought an end to a trademark dispute between Grasim Industries Limited, Aditya Birla Management Corporation Private Limited, and Aryanson Paints Private Limited after the three companies chose to settle the matter during the proceedings. The case centered on the use of the “BIRLA” name. Grasim and Aditya Birla Management Corporation told the Court that Aryanson Paints was selling products under names such as “BIRLA WHITE CEMENT” and “BIRLA WALLTECH,” which they said...

Supreme Court Refuses To Interfere With Madras HC Ruling That Contempt Can't Enforce Unquantified Royalty

The Supreme Court on Friday refused to interfere with a Madras High Court ruling that contempt proceedings were not maintainable where royalty claims had not been quantified, holding that non-payment of an unascertained amount cannot amount to willful disobedience. Dismissing the Special Leave Petitions filed by the South India Music Companies Association (SIMCA), a bench of Justices Dipankar Datta and Satish Chandra Sharma said, “We are not inclined to interfere with the impugned judgment(s)...

Delhi Court Restrains Siliguri Traders From Dealing In Fake “GARNIER” Products

A Delhi Court has granted a permanent injunction in favour of Laboratoire Garnier, restraining multiple Siliguri traders from manufacturing and selling counterfeit products bearing the identical “GARNIER” trademark, ruling that such use reflected a mala fide attempt to leverage the company's established market presence and amounted to infringement. The court presided over by District Judge Arul Varma held, “There is irrefragable evidence on record to demonstrate that the Defendants have taken...

Supreme Court Issues Notice In Ideal Jawa Liquidator's Plea Against Classic Legends Over Yezdi Trademark

The Supreme Court on Friday issued notice in a plea by the liquidator of Ideal Jawa (India) Ltd. challenging a Karnataka High Court ruling that allowed Classic Legends Pvt. Ltd. and its founder Boman R. Irani to use the 'Yezdi' trademark after holding that the company no longer retained rights over it.The high court had found that the trademark had lapsed and that goodwill could not survive once the underlying business had ceased operations.A bench of Chief Justice Surya Kant and Justices...

Delhi Court Dismisses Rado, Swatch Group Trademark Suit Against Local Trader

A commercial court in Saket, New Delhi, has dismissed a trademark infringement suit filed by Rado along with other Swatch Group companies, finding that they failed to establish infringement or any likelihood of confusion even on a preponderance of probabilities, in the absence of cogent evidence. District Judge Lokesh Kumar Sharma said the case was built on unsubstantiated claims, remarking that it amounted to “nothing beyond a mere lip service done by PW1 in the air.” Rado Uhren AG, Tissot...

Delhi High Court Upholds Injunction Against Flipkart's 'MARQ' Mark in Trademark Dispute

The Delhi High Court has recently upheld an interim injunction against e-commerce platform Flipkart, finding that its mark “MARQ” used for electrical appliances is phonetically, structurally, and visually similar to Marc Enterprises' registered mark “MARC” and likely to cause confusion among consumers. A single-judge bench of Justice Tejas Karia held that the order of the trial court did not suffer from any arbitrariness or perversity and therefore warranted no interference. The Court observed:...

Bombay HC Grants Injunction Against Absun Pharma, Imposes ₹10 Lakh Costs For Sun Pharma Mark Infringement

The Bombay High Court has granted a permanent injunction against Absun Pharma in an over-decade-long trademark dispute with Sun Pharmaceutical Industries Ltd., holding that the use of the marks “ABSUN” and “ABSUN PHARMA” infringes its registered marks “SUN” and “SUN PHARMA”.The court also imposed costs of Rs 10 lakh on Absun Pharma payable to Sun Pharma.A Single Judge Bench of Justice Manish Pitale held that merely prefixing letters to a registered mark does not create a distinction where its...

Delhi High Court Lifts Injunction On 'Shatam Jeeva' Mark, Says No Prima Facie Infringement of 'Jiva' Trademark

The Delhi High Court has recently set aside an interim injunction restraining the use of “SHATAM JEEVA” for a wellness retreat, holding that it does not, prima facie, infringe or pass off on the “JIVA” trademark used by Jiva Ayurvedic Pharmacy Ltd and its group entities. The Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla said the two marks, “JIVA” and “SHATAM JEEVA”, are not deceptively similar at this stage and do not create a likelihood of confusion for an average consumer. ...

Delhi HC Allows 'GAINDA' Maker To Clear Inventory Despite Injunction In Harpic, Colin Trade Dress Dispute

The Delhi High Court on Tuesday allowed the maker of 'GAINDA' cleaners to exhaust its existing stock despite an injunction over bottle designs similar to Reckitt's Harpic and Colin, holding that the relief was necessary to balance the equities and avoid financial loss and environmental waste. A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora observed, “.We are not persuaded that any undue loss will be caused to the Respondent if Appellant is permitted to exhaust...

Delhi High Court Temporarily Restrains 'POSITIVE MIND' Mark, Directs Meesho, Meta To Remove Listings

The Delhi High Court has recently restrained the use of the mark “POSITIVE MIND” for sexual wellness products such as delay sprays and lubricants, and directed intermediaries including Meesho and Meta to remove listings and disable accounts, after finding a prima facie case of infringement and passing off.A single-judge Bench of Justice Jyoti Singh granted an ex parte ad interim injunction in favour of PstGems Pvt. Ltd., observing, “Prima facie Defendant No.1 is not only infringing the...

Delhi High Court Temporarily Restrains Leela Entertainment From Using 'THE LEELA' Mark

The Delhi High Court has temporarily restrained Leela Entertainment Pvt. Ltd. from using “THE LEELA”, a popular hospitality mark, till the next hearing, holding that it prima facie amounts to infringement of Schloss HMA Pvt. Ltd.'s trademark and passing off of its goodwill.A bench of Justice Jyoti Singh observed, “Plaintiff has built an immense reputation for itself in the hospitality industry and adoption of identical/deceptively similar marks for identical services by the Defendant is a...

Delhi High Court Sets Aside Nippon Steel Patent Rejection, Says Orders Must Give Reasons

The Delhi High Court has set aside the refusal of a patent application filed by Nippon Steel Corporation, holding that an order which merely reproduces prior art documents without analyzing the claimed invention or giving reasons cannot be sustained in law.A bench of Justice Tushar Rao Gedela emphasised that patent authorities act as quasi-judicial bodies and must pass reasoned orders. “It is apparent that the Assistant Controller/Controller are quasi judicial authorities from whom it is...