Use Of Full Name Not Mandatory To Avail Protection U/S 35 Trademarks Act: Delhi High Court

The Delhi High Court has held that the benefit of Section 35 of the Trade Marks Act 1999, which proscribes any injunction being granted against the use by the defendants of his/ her name as a trademark, is not restricted to use of full name by the defendant.“Section 35 places no such limitation,” observed a division bench of Justices C. Hari Shankar and Om Prakash Shukla.The Court was dealing with an appeal preferred by Vasundhra Jewellers Pvt. Ltd. seeking injunction against Vasundhara Fashion...

Delhi High Court Grants John Doe Order Awarding Dynamic Interim Injunction Protecting Tata Pay Trademark

The Delhi High Court has granted an ex-parte ad-interim dynamic injunction, protecting the trademark of Tata Group's payment solutions platform Tata Pay.Justice Tejas Karia restrained unknown entities from infringing the group's 'TATA' and 'TATA PAYMENTS' marks.Tata contended that Tata Digital Private Limited serves as its financial services arm, engaged in providing a wide range of payment solutions through a RBI Payment Aggregator license.It claimed that in the first week of July 2025, it came...

Trademark | Territorial Jurisdiction Can't Be Created On Basis Of Website Which Doesn't Permit Sale Of Allegedly Infringing Product: Delhi HC

The Delhi High Court has made it clear that mere access of a “passive” website, offering for sale products allegedly infringing the trademark of a registered proprietor, is not sufficient to confer territorial jurisdiction on it.Justice Amit Bansal ruled that in the absence of proof of sale in Delhi or commercial transaction executed through the said website, it cannot assume jurisdiction on products/ parties based out of Uttar Pradesh. It observed,“It is evident that the website of the...

Delhi High Court Grants Interim Relief To Hero Motocorp In Trademark Infringement Suit Against 'Destiny' Electric Scooters

The Delhi High Court has restrained electric-two wheeler manufacturers Urban E-Bike and Galaxy EV from using the trademark 'DESTINY' for their products, in a trademark infringement suit filed by bike manufacturer Hero Motocorp.Justice Tejas Karia further restrained the defendants from using 'DESTINY+' and 'DESTINY PRO' marks in relation to their two wheelers.Hero Motocorp, claiming to be the prior user and registered proprietor of the Marks 'DESTINY', 'DESTINI' and 'DESTINI PRIME', has...

Calcutta High Court Grants Plea For Injunction By Moondust Paper Ltd In Suit Against Infringement Of 'Captain Gogo' Trademark

The Calcutta High Court has granted an order of injunction to Moondust Paper Private Limited, the owners of the trademark 'Captain Gogo' in a suit for infringement of the trademark by various entities.In granting the prayers for injunction, Justice Ravi Kishan Kapur held:"It is evident that the impugned products fall in the same category as of the petitioners and are also being sold through the same trade channels. In selling the impugned products, the respondents are acting in a fraudulent and...

Delay Is No Defence Against Action For Infringement & Passing Off Where Adoption Of Trademark Is Dishonest: Delhi High Court

The Delhi High Court has made it clear that delay by a registered trademark holder in prosecuting alleged infringement is not a defence available to the Defendant, where it is evident that Defendant's use of impugned trademark was dishonest/ fraudulent.Justice Amit Bansal observed, “Delay cannot be a defence in an action for infringement and passing off in a case where the defendant's adoption of the mark itself is dishonest.”The remarks were made while granting relief to Reckitt Benckiser India...

'Duniyadari' Trademark Row | Delhi HC Orally Asks Zee To Reconsider Its News Show Logo; India Today Group Says 'Open To Talks'

The Delhi High Court on Wednesday heard India Today Group's suit alleging that Zee Media Corporation Limited has adopted a trademark for its news show 'Duniyadari [in Gurumukhi script ('ਦੁਨੀਆਂਦਾਰੀ')], which is deceptively similar to the Group's registered trademark used for a show on its digital platform 'The Lallantop'. After hearing both sides for about an hour, Justice Tejas Karia granted Zee Media time to file its reply and, in an oral observation, suggested that its counsel take...

'Priority Of Use' No Defence Against Trademark Infringement Unless It Predates Both Use & Registration By Plaintiff: Delhi High Court

The Delhi High Court has made it clear that priority of user is not a defence to an action for infringement of trademark unless the use of such mark by the defendant predates both the user as well as the registration of the asserted mark of the plaintiff.A division bench of Justices C. Hari Shankar and Om Prakash Shukla observed,“it is only if the defendant has been using the allegedly infringing mark, from a point of time prior to the registration as well as the user of the asserted mark of the...

'Defrauding Unsuspecting Users': Delhi High Court Grants John Doe Injunction Over Trademark Infringement Of Share Market App 'INDmoney'

The Delhi High Court has passed a john doe interim injunction restraining rogue websites and applications from infringing the trademark of share market and financial services app INDmoney.Justice Manmeet Pritam Singh Arora was prima facie satisfied that the defendant-entity, by making unauthorised use of the Plaintiffs' trademarks, has been luring unsuspecting users to invest monies with the said Defendant No. 1.“The actions of Defendant No. 1 are misleading unsuspecting customers, resulting in...

Delhi High Court Passes Summary Judgment In Tata Power's Trademark Infringement Suit, Grants Dynamic Injunction Against John Doe Entity

The Delhi High Court recently passed summary judgment in favour of Tata Power in a suit filed against infringement of its trademarks, including Tata Power Solaroof and Tata Power EZ Charge.Justice Manmeet Pritam Singh Arora also granted dynamic injunction and permitted the company to implead and seek relief against any other John Doe entity found infringing its marks.Tata filed the suit against 18 infringing entities. The Court had in November 2024 granted an ex-parte ad-interim injunction in...

'Disproportionate': Delhi High Court Quashes ₹12 Lakh Cost On Vi-John For Delay In Responding To Dabur's Trademark Infringement Suit

Granting relief to Vi John Healthcare in connection with a trademark suit filed against it by Dabur for alleged infringement of its Meswak toothpaste packaging, the Delhi High Court set aside a cost of ₹12 lakh imposed on the former by the trial court.The costs were imposed in view of the trial court's previous order that any delay by Vi John in filing its Written Statement shall only be considered subject to a cost of ₹25,000/- for each day of delay.Justice Tejas Karia however observed that the...

Delhi High Court Grants Interim Relief To Cordelia Cruises In Trademark Infringement Suit Against Rishikesh-Based Hotel

The Delhi High Court has granted an interim injunction in favour of luxury sea and ocean cruise operator 'Cordelia Cruises', restraining a Rishikesh based hotel from operating under a similar name.Justice Saurabh Banerjee restrained 'Cordelia Inn' from using the said mark, stating that merely adding a prefix/ suffix (Inn in this case) to an existing mark does not make the offending mark any different/ distinct.The bench observed,“a comparison of the rival marks in issue reflects that the...