High Courts
Trademark Infringement | Jeopardisation Of IPO Due To Interim Injunction Not Grounds To It Set Aside: Delhi High Court
The Delhi High Court has made it clear that an entity cannot seek to set aside an interim injunction passed against it in a trademark infringement suit, merely because its business or IPO launch is jeopardized due to such injunction.A division bench of Justices Navin Chawla and Harish Vaidyanathan Shankar held,“In the present case, while the Appellant has strenuously contended that the injunction has brought its business operations to a standstill and jeopardized its IPO plans, we are not...
Delhi High Court Permits Indiamart To Provide 'PUMA' Search Option In Drop Down Menu But It Must Delete Counterfeit Listings When Notified
The Delhi High Court has set aside a single judge ruling to the extent of restraining Indiamart from providing registered trademark “PUMA” in respect of the goods as search options in its drop down menu presented to prospective sellers at the time of their registration on the e-commerce platform.A division bench comprising Justice Vibhu Bakhru and Justice Tara Vitasta Ganju however sustained the direction that Indiamart shall take down all infringing listings containing the PUMA marks...
'Anti-Dissection Rule' Doesn't Bar Comparison Of Dominant Parts Of Trademark To Ascertain Similarity: Delhi High Court
The Delhi High Court has made it clear that even though similarity in two competing trademarks cannot be ascertained by dissecting and comparing their parts, the “dominant parts” of the trademarks can be compared.A division bench of Justices Vibhu Bakhru and Sachin Datta observed,“It is well settled that the question whether competing trademarks are similar cannot be decided by dissecting them and then comparing their parts for similarities. Having stated the above, it is necessary to note that...
Not Necessary To Use Trademark In Physical Form, May Be Used In Any Other Relation To Goods: Delhi High Court
The Delhi High Court has made it clear that it is not necessary that a trademark must be used in a physical form in relation to the goods.While referring to Section 2(2)(c) of the Trademarks Act 1999, a division bench of Justices Navin Chawla and Shalinder Kaur held that the mark may be used in any other relation whatsoever to such goods.It observed, “The “use of a mark” in relation to goods is therefore, the use of the same upon, or in any physical or in any other relation whatsoever, to such...
Even Brief Or Momentary Confusion In Mind Of Consumer Sufficient To Establish Trademark Infringement: Delhi High Court
The Delhi High Court has held that even a momentary confusion between two competing trademarks in the mind of a consumer is sufficient to constitute trademark infringement.A division bench of Justices Vibhu Bakhru and Sachin Datta thus granted interim relief to US based casual and sports apparel brand Under Armour in its appeal against an Indian company manufacturing clothes and footwear under the trademark 'AERO ARMOUR'.A single-judge bench had earlier denied relief to Under Armour by applying...
Common Names Like 'NEHA' Can Constitute Protected Trademark If It Acquires Inherent Distinctiveness Or Secondary Meaning: Delhi High Court
The Delhi High Court has made it clear that common Indian forenames like “NEHA” can constitute protected trademark, provided it acquires an 'inherent distinctiveness' by establishing a secondary meaning in trade.Justice Sanjeev Narula observed that marks comprising everyday/ common names or generic expressions do not, by themselves, command the highest level of legal protection. The bench relied on People Interactive (India) Private Limited v. Vivek Pahwa (2016) where the Bombay High Court held...
Delhi High Court Issues Summons To 'Nashville Fried Chicken' In KFC's Trademark Infringement Lawsuit
The Delhi High Court has issued summons in the trademark infringement suit filed by global fast-food restaurant chain Kentucky Fried Chicken (KFC) against “Nashville Fried Chicken” (NFC).Justice Amit Bansal issued summons to Massive Restaurants Private Limited, the entity which operates NFC and sought its written statement within 30 days. KFC has filed the suit alleging that the name Nashville Fried Chicken is deceptively similar to its brand name and can cause public confusion. The Court also...
Rights Of Prior User Prevail Over Registered Trademark Holder: Delhi HC Grants Interim Relief To German Society's Institutes In India
Reaffirming the principle that rights of prior user are superior to that of a proprietor holding a registered trademark, the Delhi High Court granted interim injunction in favour of Goethe-Institut, a German society which runs six educational institutes in India in the name of 'Max Mueller Bhavan', offering German language courses.Justice Mini Pushkarna restrained the use of 'Max Mueller Institute' by the defendants offering identical services, imparting German language education.The bench...
Amazon Moves Delhi High Court Against Ruling To Pay ₹339.25 Crore To 'Beverly Hills Polo Club' Over Trademark Infringement
Amazon Technologies Inc has moved the Delhi High Court against a single judge ruling asking it to pay Rs. 339.25 crore damages and costs for trademark infringement of the luxury lifestyle brand, Beverly Hills Polo Club.A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul reserved order on Amazon's plea for stay on the ruling, after hearing both the sides in detail. The main appeal has been listed for hearing on October 09. About Single Judge OrderRemarking that Amazon's...
Champak Magazine Moves Delhi High Court Alleging Trademark Infringement By BCCI Over Naming IPL Robot Dog 'Champak'
Champak Magazine on Wednesday filed a trademark infringement suit before the Delhi High Court against Board of Control for Cricket in India (BCCI) over naming of Indian Premier League's (IPL) AI robot dog as “Champak.”Justice Saurabh Banerjee issued notice on the interim injunction application filed by the comic magazine and granted four weeks' time for filing of written responses. Recently, the IPL witnesses the debut of a robotic dog camera which has been introduced by global broadcast...
Influencers' Video Criticizing Product Based On Lab Results Prime Facie Not Defamatory Against Brand: Delhi High Court
The Delhi High Court has refused to grant a temporary injunction in favour of San Nutrition Private Limited in its plea against alleged defamation, disparagement and trademark infringement by four social media influencers who made videos featuring San Nutrition's 'Doctor's Choice' products.San Nutrition Private Limited (plaintiff) sought action against content creators Arpit Mangal, Kabir Grover, Manish Keshwani and Avijit Roy (defendants no. 1 to 4) over YouTube videos reviewing its Doctor's...
Delhi HC Grants Temporary Injunction To Famous Logistics Company Agarwal Packers & Movers Against Trademark Infringement By Fake Website
The Delhi High Court has issued a temporary injunction in favour of the logistics company, Agarwal Packers and Movers Ltd, against trademark infringement by a business offering goods packaging and transportation services.Agarwal Packers and Movers Ltd (plaintiff) sought a permanent injunction against the fraudulent website 'aggarwalmoverspackers.in' using its name for providing similar services. Agarwal Packers submitted that it is engaged in the business of providing services of packers,...