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....

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...