Second Appeal Not Maintainable Under Trade Marks Act: Calcutta High Court Dismisses Dunlop's Appeal

The Calcutta High Court recently reaffirmed that a second appeal against a Single Judge's order is not permissible under the Trade Marks Act, 1999. The court clarified that once an appeal from an order passed by the Registrar of Trademarks is decided by a Single Judge, no further appeal can be filed before a Division Bench in view of the bar under Section 100A of the Civil Procedure Code (CPC).A Division Bench comprising Justice Arijit Banerjee and Justice Om Narayan Rai delivered the ruling on...

Bombay High Court Lifts Restraint On UP-Based Popcorn Maize Seller In Brand Dispute With SNN

The Bombay High Court at Nagpur has recently set aside a District Court order restraining SNT & Co., a UP-based popcorn maize seller, from using its brand name and packaging, after finding that the court failed to properly compare the overall look and feel of its packaging with that of Shah Nanji Nagis Exports Pvt. Ltd. (SNN), which had accused SNT of copying its design.In an order passed on November 3, a single bench of Justice Rohit W Joshi lifted an earlier interim injunction and sent the...

Delhi High Court Grants Injunction To Hero Investcorp; Restrains Sale Of Counterfeit 'Hero Genuine Oil' Bottles Imitating Registered Design

The Delhi High Court on October 10 granted an ex-parte ad-interim injunction in favour of Hero Investcorp Pvt. Ltd., restraining a Delhi-based trader from manufacturing and selling counterfeit 'Hero Genuine Oil' bottles that infringed the company's registered trademarks and bottle designs. Justice Tejas Karia while passing the order observed that the impugned bottles were identical in design and labelling to 'HERO', creating a clear likelihood of confusion among consumers. Hero...

Delhi High Court Restrains UP Company From Infringing Ching's 'Schezwan Chutney' Mark

In a relief for popular Desi Chinese brand Ching's Secret, the Delhi High Court on Monday restrained a UP-based food manufacturing company from using the name 'Schezwan Tufani Chutney' or any expression deceptively similar to 'Schezwan Chutney', a registered trademark of Capital Foods Pvt. Ltd.A single bench of Justice Manmeet Pritam Singh Arora granted an ad-interim injunction, noting that the UP-based company- Damyaa Foods' use of “Schezwan Tufani Chutney” on packaging and online listings was...

Bombay High Court Upholds Order Barring Nagpur Bidi Maker from Using Look-Alike 'Online Bidi' Pack

The Nagpur Bench of the Bombay High Court has upheld an earlier order restraining the city based bidi maker-Rocket Bidi Works from using its 'ATM Bidi No.07' packaging, ruling that it closely resembles the trade dress and design of Mobile Bidi Traders' 'Online Bidi'. A single bench of Justice Rohit W. Joshi observed that the 'ATM Bidi' packets copied the distinctive blue colour scheme and layout of the 'Online Bidi' packaging, creating a strong likelihood of confusion among ordinary...

Delhi High Court Refuses Quantum Hi-Tech Injunction Against LG Over 'Quantum' Trademark

The Delhi High Court has refused to grant interim relief to Quantum Hi-Tech Merchandising Pvt. Ltd. in its trademark dispute with LG Electronics India, ruling that the company's attempt to restrain LG's use of the “Quantum” mark was undermined by its failure to disclose material informationA Division Bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla upheld a 2021 Commercial Court order that had lifted an earlier injunction obtained by Quantum Hi-Tech. The Court noted that...

Delhi High Court Upholds Order Protecting 'BIMA SUGAM' Mark, Orders Transfer of Disputed Domains to Federation

The Delhi High Court in an interim order upheld its earlier direction restraining a insurance agent from using the mark “BIMA SUGAM”, a name associated with India's upcoming unified digital insurance marketplace, or any deceptively similar name, including related domain names. The court also directed that the disputed domains be transferred to the Bima Sugam India Federation, holding that their registration by the individual was made in bad faith and amounted to cybersquatting. A single...

Delhi High Court Upholds Interim Ban on Use of 'Sachamoti' Brand Amid Family Dispute

The Delhi High Court recently (October 13) upheld an interim order restraining Sabu Trade Pvt. Ltd. (STPL) and certain family members, who are also directors of the company, from using the “Sachamoti” mark, a well-known brand of sabudana (sago) products. e members of Sabu family affirming a March 2024 Single Judge order that prohibited them from using the brand and label. The Court recognized the prima facie right of Rajkumar Sabu, the registered owner of the mark and a former director of STPL,...

Delhi High Court Refuses Relief to Cotton Bud Maker Against Perfume Brand Over 'TULIP' Trademark

The Delhi High Court has dismissed a plea filed by Suparshva Swabs India, the manufacturer of Tulips cotton buds and hygiene products, which sought to restrain a perfume company from using the mark “AGN TULIP.” A Division Bench of Justice Om Prakash Shukla and Justice C Hari Shankar upheld a 2023 order of the Commercial Court that had refused to grant an interim injunction to Suparshva Swabs. The High Court ruled that since both Suparshva Swabs and AGN International are registered proprietors...

Madras High Court Lets Udaipur Salon Keep 'Bounce,' Lifts Earlier Ban

The Madras High Court has recently lifted an interim injunction that had previously restrained an Udaipur-based salon from using the name “Bounce,” noting that the term is common in the beauty and haircare industry. In a ruling delivered on October 25, A Single Bench of Justice N. Senthilkumar, vacated the injunction that had been granted in favor of Spalon India Pvt. Ltd., the operator of the well-known “Bounce” salon chain in South India. As per Spalon India, it has been in the salon...

No One Can Claim Exclusivity Over Name Of Chhatrapati Shivaji Maharaj : Bombay High Court Refuses To Stall Release Of Marathi Film

The Bombay High Court has recently ruled that no one can claim exclusive rights over the name of 'Chhatrapati Shivaji Maharaj', while rejecting a film producer's plea to stop the release of a Marathi movie using the Maratha ruler's name in its title.A single bench of Justice Amit S. Jamsandekar made the observation while refusing relief in a plea by Everest Entertainment LLP, the producer of the 2009 Marathi film Mi Shivaji Raje Bhosale Boltoy. The company had approached the court against...

Delhi High Court Restrains Entity From Infringing Tata's Vivanta Trademark

The Delhi High Court has restrained an entity from infringing the trademark of Tata Group's Indian Hotels Company Limited which runs and operates hotel brand 'Vivanta'.Justice Manmeet Pritam Singh Arora passed an ad-interim injunction restraining the use of 'Vivanta Stays' or any other mark deceptively similar to Vivanta.The development comes in a trademark infringement suit preferred by IHCL.Significant to note that VIVANTA was declared as a well-known trademark by the High Court back in 2022....