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....

Delhi High Court Ends 25-Year Mars v. Cadbury Trademark Dispute, Orders Them To Distribute Sweet To Schoolchildren On Diwali

The Delhi High Court has ended the 25 year long battle between Mars and Cadbury over infringement of “Celebrations” trademark, followed by mutual settlement between the two confectionery companies. Bringing a sweet truce to the issue, Justice Sanjeev Narula directed both the companies to distribute sealed units of their respective confectionery assortments like chocolates, cookies etc to schoolchildren enrolled in government and government-aided schools in the national capital. This was after...

Delhi High Court Grants Interim Injunction To 'WOW MOMO' In Trademark Infringement Suit Against 'WOW BURGER'

The Delhi High Court has granted interim injunction in favour of “WOW MOMO”, an Indian quick-service restaurant chain, in its trademark infringement suit filed against a Hong Kong-based company “WOW BURGER.”A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla overturned a single judge ruling of September 12 declining interim injunction to Wow Momo. The Court said that the impugned judgement failed to notice the aspect of infringement of Wow Burger word mark by Wow...

“Descriptive & Generic”: Kerala High Court Sets Aside Injunction Granted Over Use Of 'Metal Industries' Trademark

The Kerala High Court has recently set aside an injunction granted to government company Metal Industries Limited against use of trade mark 'Metal Industries' after noting that the words metal and industries are generic and descriptive.Even though the company was the registered owner and long-term user of the trade mark 'Metal Industries', Justice C. Pratheep Kumar found that there was no ground to grant relief to it under infringement or passing off.The 1st respondent/plaintiff is a company...

Delhi High Court Restrains Alchem International From Infringing Trademark Of Alkem Labs, Explains Concept Of Acquiescence

The Delhi High Court has restrained Alchem International Pvt. Ltd., incorporated in the year 1982, from infringing the trademark of Alkem Laboratories Ltd., a company engaged in manufacture and sale of pharmaceutical and nutraceutical products.Justice Amit Bansal observed that it cannot be said that Alkem slept over its rights while the defendant invested in the growth and expansion of its business inasmuch as— initially, Alchem was only dealing with bulk drugs and it emerged as Alkem's...

Delhi High Court Restrains Online Wholesaler From Infringing Trademark Of Agro-Chemical Company 'Dhanuka'

The Delhi High Court has granted an ex-parte ad-interim injunction, restraining an online wholesaler from infringing the trademark of agro-chemical company Dhanuka Agritech.Justice Tejas Karia observed that the alleged acts attributed to the Defendants are likely to cause confusion in the course of trade of the Plaintiffs, such that the consumers may associate the Infringing Products with the Plaintiff, leading to erosion of consumer trust and dilution of the goodwill and reputation of the...

Bombay High Court Grants Ad-Interim Relief To Reliance In 'JIO' Trademark Infringement Suit Against Cab Operators

The Bombay High Court on Tuesday granted an ad-interim injunction to Reliance Industries Limited, restraining the use of its registered 'JIO' trademark by parties offering taxi services under the domain name www.jiocabs.com.A bench of Justice Somasekhar Sundaresan observed that Reliance had made out a strong prima facie case and observed that continued use of a well-known brand could cause serious harm. It said "The continued usage of a well-known and protected brand name would indeed cause...

Madras High Court Restrains 'Bro Code' Manufacturers From Making Infringement Threats Against Actor Ravi Mohan's Upcoming Film

The Madras High Court has issued a temporary injunction in favour of actor Ravi Mohan's production company and has restrained the beverage manufacturing company Indobevs, which manufactures the drink 'Bro Code', from making threats of trademark infringement against the production company, producing a movie with the same title. Justice V Lakshminarayan, after noting that there was a prima facie case in favour of granting an interim injunction, ordered accordingly. The court has also...

Delhi High Court Closes Maggi's Trademark Infringement Suit After Utensils Manufacturer Undertakes To Stop Use Of 'Maggisun'

The Delhi High Court has closed a trademark infringement suit filed by Nestlé S.A., the parent company which manufactures “Maggi”, after it entered into a settlement with a company manufacturing utensils under the mark “Maggisun.”Justice Tejas Karia decreed the suit as the defendant, Shankeshwar Utensils & Appliances Private Limited, undertook that it will not manufacture or sale pressure cookers or any other goods under the trade mark “Maggisun” or any other trade mark identical to Nestle's...

Trade Secret Infringement Requires Existence Of Valid Secret Which Owner Took Reasonable Steps To Protect: Telangana High Court

The Telangana High Court Division Bench, comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar, observed that while hearing a Commercial Court Appeal (“CCA”), the existence of a trade secret is premised upon an assumption that the information sought to be protected is not readily accessible to others and has an independent economic value. This aspect of a trade secret gives the owners the right to protect the trade secret against others. Factual Matrix: The...

Delhi High Court Grants Ex-Parte Interim Injunction In Mankind Pharma's Suit, Restrains 'Dickind', 'Lonokind', 'Fenkind' & 'Chimokind' Marks

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Mankind Pharma, in relation to its 'Kind' family of marks.Justice Tejas Karia restrained the defendant entity from using, till the next date of hearing, marks like 'DICKIND', 'LONOKIND', 'FENKIND' and 'CHIMOKIND'.The bench observed that the identity in the impugned marks is so close to Mankind's trademarks that the two are “indistinguishable”.“This is a case of triple identity where the Marks are identical, the...

'Acnestar' Phonetically Similar To 'Acnescar': Delhi High Court Rules In Favour Of Mankind Pharma In Trademark Infringement Suit

The Delhi High Court has restrained Maharashtra-based Brinton Pharmaceuticals from using the mark ACNESCAR, or any other mark which is confusing or deceptively similar to Mankind Pharma's ACNESTAR.A division bench comprising Justices C. Hari Shankar and Om Prakash Shukla observed that ACNESCAR is phonetically nearly identical to ACNESTAR and unless the two words are pronounced syllable by syllable, they are indistinguishable. “A clear case of near phonetic identity, therefore, exists between the...