'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...

Delhi High Court Grants Interim Relief To Select City Walk, Restrains Real Estate Developer From Using 'Vardhman Citywalk' Mark

The Delhi High Court has granted interim relief to Select Citywalk Retail Private Limited and restrained a real estate developer from using “Vardhman Citywalk” mark.Justice Tejas Karia said that Select Citywalk Retail Private Limited has been using the Mark 'CITYWALK' continuously since 2004 with respect to commercial spaces, themed landscapes & outdoor zones, and other entertainment activities and also demonstrated the goodwill and reputation. The Court said that the use of the impugned...

Delhi High Court Restrains Rupa, Young Global & Professional Books From Selling 'Coat-Pocket' Constitution Edition 'Deceptively' Similar To EBC's

The Delhi High Court has restrained Rupa Publications, Professional Book Publishers and Young Global Publications from publishing or selling their 'coat pocket' edition of the Constitution of India bare act, in a trademark infringement suit filed by the Eastern Book Company (EBC).Justice Manmeet Pritam Singh Arora found the abovenamed publications' editions' trade dress to be deceptively similar to EBC's 'iconic' red and black style coat-pocket edition launched back in 2009."The defendant has...

Trademark Infringer's Objective Is Served By Diverting Customer's Initial Attention: Delhi HC Rules Against 'Hotelscom' In Suit By Hotels.com

Explaining the 'Initial Interest Confusion' test in the realm of trademark law, the Delhi High Court has issued a permanent injunction restraining 'HOTELCOM' from infringing the trademark of global hotel booking service provider Hotels.com.Justice Tejas Karia observed that the Test proceeds on the principle that confusion in the minds of consumers may arise even at the preliminary stage, prior to the actual purchase being completed. The bench observed that at the point of finalising the...

Use Of Another Company's Registered Trademark As Trade Name Amounts To Infringement: Delhi High Court

The Delhi High Court has made it clear that under Section 29(5) of the Trade Marks Act, the use of a registered Trade Mark as a Trade Name itself amounts to infringement of the registered Trade Mark.Justice Tejas Karia thus granted interim injunction in favour of global integrated security company 'G4S' and restrained '4GS', also engaged in providing security services and registered with Ministry of Corporate Affairs and the Registrar of Companies, from using the said mark.4GS had contended that...

Delhi High Court Grants Relief To 'Crocs', Cancels Registration Of Deceptively Similar "Croose" Trademark

Granting relief to multinational footwear manufacturer Crocs, the Delhi High Court has ordered cancellation of trademark registration granted to mark 'CROOSE' in Class 25 which includes footwear for human use.Justice Tejas Karia found the CROOSE mark to be “deceptively similar” to the US-based footwear brand's Crocs.The bench observed, “the placement of the Impugned Mark is identical to that of the Plaintiff's Mark. Additionally, the overall visual appearance of the Impugned Mark is similar to...

'Skincare Buyers Focus On Formulation, Not Packaging': Delhi High Court Denies Interim Injunction To Derma Co Against Dermatouch

The Delhi High Court has declined an interim injunction restraining skincare brand Dermatouch in a suit for alleged infringement of copyright, trade dress and packaging filed by The Derma Co.Justice Tejas Karia reasoned that the products offered by the two are distinct and since a skincare consumer's decision to purchase is guided primarily by the formulation and claimed efficacy of the product, it is unlikely that similarity in trade dresses alone would mislead an average purchaser.The bench...

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

The Delhi High Court has refused to grant 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.”Justice Manmeet Pritam Singh Arora said that Wow Momo was trying to appropriate or monopolise the use of the dictionary word 'WOW', which cannot be allowed, considering the common nature of the word.“Therefore, in the overall conspectus, the Plaintiff has not been able to make out a...

Delhi High Court Grants Ex-Parte Interim Injunction Protecting Designer Arjan Dugal's Clothing Label From Infringement

The Delhi High Court has granted interim relief to a city-based clothing label run by designer Arjan Dugal, in his suit filed against a former employee over alleged infringement of his trade dress, original artistic work.Justice Tejas Karia issued summons on the main suit and meanwhile, restrained the defendant— operating under the brand name 'So.Man', from dealing in any garment or product whose embroidery, silhouettes, accents, linings, colour scheme, and overall look and feel is identical or...

Delhi High Court Restrains “Vivoline” In Trademark Infringement Suit By US-Based Automobile Lubricant Manufacturer 'Valvoline'

The Delhi High Court has granted a permanent injunction in favour of US-based automotive lubricant manufacturer Valvoline in its trademark infringement suit against an Indian company selling similar products under the trade name 'VIVOLINE'.Justice Manmeet Pritam Singh Arora observed,“The Defendants have replicated the trade dress and overall representations of Plaintiffs' goods in respect of identical goods, and the Defendants' impugned marks are deceptively, visually, and phonetically similar...

Delhi High Court Blocks Fraudulent Websites Collecting Money Under 'Burger King' Trademark

The Delhi High Court has observed that the illegal use of “Burger King” trademark or collecting money under the name of the American multinational fast food restaurant chain is not permitted. Justice Prathiba M Singh ordered suspension of three domain names, two email addresses and directed blocking of three websites engaged in committing fraud by collecting money using Burger King's name and mark. The Court was dealing with a suit filed by Burger King in 2022 against various unknown Defendants...

Delhi High Court Rules In Favour Of Haveli Restaurants, Asks 'Punjabi Haveli' To Remove Ads From Third Party Websites

Ruling in favour of famous Haveli Restaurant and Resorts, the Delhi High Court has recently asked a Ludhiana based company running under the name “Punjabi Haveli” to refrain from using “Haveli” marks and to remove its advertisements or listings from third party websites. Justice Manmeet Pritam Singh Arora directed Punjabi Haveli to remove its board or hoarding or display material under the impugned mark and further to immediately remove or delete its social media accounts.The Court passed ex...