'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...

Delhi High Court Grants Interim Relief To Ching's, Restrains Local Manufacturer From Using 'Schezwan Chutney' Mark

The Delhi High Court has granted interim relief to Capital Foods Private Limited- known from the brand “Ching's”, and has restrained a manufacturer from manufacturing and selling products under the mark “Schezwan Chutney.”Justice Manmeet Pritam Singh Arora granted ex parte ad interim injunction in favour of Ching's and restrained the manufacturer- Pitambari Products Private Limited from dealing in any product or service bearing the mark 'SCHEZWAN CHUTNEY'.“It is clarified that the present...

Delhi High Court Grants Relief To IP Holding Company Of Canadian Baseball Team Toronto 'Blue Jays' In Trademark Infringement Suit

Noting the global goodwill of 'BLUE JAYS' in connection with Canadian professional baseball team based in Toronto, the Delhi High Court ordered cancellation of 'BLUE-JAY' trademark registered in favour of a partnership firm in India.The IPR holding company of Major League Baseball was aggrieved of the use of 'deceptively similar' trademark on the apparel manufactured by the respondent-firm.While granting relief, Justice Saurabh Banerjee observed that the 'purpose' of adoption of the impugned...

'Reaping From Rival's Cultivated Soil Is Impermissible': Calcutta HC Grants Injunction To Exide Industries Against Infringement Of Trade Dress

While allowing an injunction application by Exide Industries limited against a competitior who was infriniging on its trade dress, the Calcutta High Court bench of Justice Ravi Kishan Kapur held," “The fact that an existing competitor in comparison to a new entrant in the market has deliberately, intentionally and in a calculated manner attempted to reap from the cultivated soil of a trade rival is impermissible.”Amara Raja Energy and Mobility Ltd. was restrained by the court from using a...

Delhi High Court Declares 'Nutella' As Well-Known Trademark, Says It Is Recognized All Across The Globe

The Delhi High Court has declared “Nutella”, a popular hazelnut cocoa spread, as a well known trademark, saying that it is recognized all across the globe and not just India. “This leaves no shadow of doubt that plaintiffs are well established in the markets all across the globe and are not mere fly by night operators. Their registered trademarks 'NUTELLA'/ and its variants are recognised all across the globe, including but not limited to India,” Justice Saurabh Banerjee said. The Court noted...

Delhi High Court Orders Food Joints To Pay ₹5 Lakh Damages To 'Veerji Malai Chaap Wale' Restaurant Over Trademark Infringement

The Delhi High Court has awarded Rs. 5 lakh as costs and damages to famous Veerji Malai Chaap Wale restaurant in its trademark infringement suit against various eateries and food delivery joints. While the matter was settled with one of the defendant eateries, Justice Amit Bansal noted that the other five food joints did not appear before the Court and thus, their conduct not only warranted but also necessitated imposition of both costs and damages. “Thus, in addition to the decree passed in the...

Delhi High Court Issues Summons On Trademark Infringement Suit By Footwear Brand Campus Against Apparel Brand Campus Sutra

The Delhi High Court has issued summons on a trademark infringement and passing off suit filed by footwear brand Campus against online apparel wear brand Campus Sutra.The dispute primarily pertains to standalone usage of mark 'Campus' by the latter.Justice Amit Bansal has asked the company to file its reply within four weeks and has listed the matter on November 10.Meanwhile, Campus Sutra has undertaken not to use the mark 'CAMPUS' on a stand-alone basis, in respect of any of its products.Senior...

Madras High Court Issues Notice To Actor Vijay In Trademark Infringement Suit Against His Party's Flag

The Madras High Court has issued notices to Actor Vijay and his party, “Tamilaga Vettri Kazhagam”, on a trademark infringement suit filed challenging the TVK party's flag. Justice Senthilkumar Ramamoorthy has issued notices to the actor and his party on a petition filed by G.B. Pachaiyappan, trustee of the Thondai Mandala Saandror Dharma Paribalana Sabai. The case has been posted to July 29. The plaintiff argued that the flag of Vijay's TVK party was deceptively similar to that of...