[Trademarks Act] Individual's Right To Use His Or Her Name For Own Goods Can't Be Compromised: Delhi High Court

Quoting Shakespeare “What's in a name?”, the Delhi High Court has observed that in terms of the Trade Marks Act, 1999, the right of a person to use his or her name on one's own goods cannot be compromised, else it would compromise the right to use one's name as an identity marker, which would ex facie be unconstitutional.“In the absence of any such caveat to be found in Section 35 (of Trade Marks Act), it may be arguable, at the very least, whether, while the use of one's name as an...

E-Commerce Platforms Obliged To Provide Complete Details Of Sellers, Can't Be Exploited To Facilitate IPR Infringement: Delhi High Court

The Delhi High Court has observed that there is an obligation on the E-Commerce platforms to ensure that complete details of the sellers are available on their site so that consumers are aware of the sellers from whom the product has been purchased, as well as the entity who is listing the product.“The Consumer Protection (E- Commerce) Rules, 2020, notified on 23rd July, 2020, imposes an obligation as per section 5, on the e-commerce platform to give the full geographic address,...

'Deceptive Similarity': Delhi HC Awards ₹12 Lakhs To Castrol In Trademark Infringement Suit Against 'Newcast Roi Racing' Engine Oil Manufacturer

The Delhi High Court has awarded Rs. 12 lakhs as costs and damages to Castrol Limited while decreeing its suit against two individuals manufacturing engine oil products under the mark “Newcast Roi Racing.”Justice Sanjeev Narula said that although the defendants' mark may seemingly appear distinct from Castrol, it was strategically presented in a manner that creates a deceptive similarity to the latter's registered trademark. The court said that it was a peculiar trademark dispute where the...

Delhi High Court Restrains Pan Masala Manufacturer From Using 'Raashee' Mark In Trademark Infringement Suit By 'Rajshree'

The Delhi High Court has restrained a manufacturer from using “Raashee” mark in respect of pan masala, mouth freshners and other chewing tobacco products in a trademark infringement suit filed by “Rajshree” Pan Masala.Justice Prathiba M Singh said that the manufacturer will, however, be free to use the two proposed marks, मेरी राशी and My Raashee, so long as they are used in a manner that the words 'My' or 'मेरी' are of the same font, colour and size as the word 'Raashee'. “The Defendant...

Delhi High Court Refuses Interim Injunction To 'Lotus' In Trademark Infringement Suit Against Deepika Padukone's Self Care Brand's 'Lotus Splash'

The Delhi High Court has refused to pass an interim injunction order in favour of “Lotus Herbals” in its trademark infringement suit against Bollywood actress Deepika Padukone's self-care brand 82E's “Lotus Splash” gentle face cleanser. Justice C Hari Shankar observed that the products are completely dissimilar in appearance with a wide difference in the prices and no case of passing off was made as the only common feature between the two marks is the word “lotus”. “A consumer who uses such...

Apparel Manufacturer 'Killer' Files Trademark Infringement Suit In Bombay High Court Against Netflix Series 'Killer Soup'

A trademark infringement suit has been filed in the Bombay High Court by Kewal Kiran Clothing Limited against Netflix Entertainment Services India LLP and Macguffin Pictures LLP for alleged infringement of their registered 'KILLER' trademark.Kewal Kiran, a major apparel manufacturer and retailer in India, claims to be the proprietor of the 'KILLER' trademark registered across various classes including clothing, retail services, advertising etc. since the early 2000s. As per the application,...

Delhi High Court Restrains Local Dhabas From Using Registered Trademarks Of Popular Murthal Eatery 'Mannat Dhaba'

The Delhi High Court has restrained various local dhabas from using the registered trademarks of popular Murthal based eatery “Mannat Dhaba.”Justice Anish Dayal passed the ex-parte ad-interim injunction order against the three defendants running their restaurants under the names Mannat Dhaba, Shri Mannat Dhaba and Apna Mannat Dhaba. The development ensued in a suit filed by Mannat Group of Hotels seeking protection of its registered trademarks, Mannat, Mannat Dhaba, Mannat Group, Mannat...

Delhi High Court Restrains Manufacturers From Selling Cosmetic Products Using Similar Packaging Of 'Blue Heaven'

The Delhi High Court recently restrained two manufacturers from selling cosmetic products under the mark 'Namo Navkar' using imitative and identical packaging of Blue Heaven's eyeliner, mascara and kajal. Justice Prathiba M Singh observed that the use of identical artwork and packaging is likely to create deception amongst the consumers that the products of the two manufacturers also emanate from that of Blue Heaven. “Defendants' use of a similar mark/ packaging in similar combinations not only...

E-Commerce Platforms Must Protect Intellectual Property Rights Of Sellers, Can't Become Safe Haven For Infringers: Delhi High Court

The Delhi High Court has observed that an e-commerce platform cannot become haven for infringers and it must protect the intellectual property rights of others. “E-commerce websites are commercial ventures, and are inherently profit oriented. There is, of course, nothing objectionable in this; but, while ensuring their highest returns, such websites have also to sedulously protect intellectual property rights of others,” Justice C Hari Shankar said.The court observed that such platforms...

Bombay High Court Extends Ex-Parte Relief To Tata's Trent Limited Against Alleged Infringement Of Its Zudio Trademark

The Bombay High Court has extended ex-parte ad-interim injunction in favour of Trent Limited, an entity within the Tata Group, in a case of alleged trademark infringement, copyright violation, and passing off of its “Zudio” trademark.Justice RI Chagla had on November 2, 2023 restrained various defendants as well as Ashok Kumar (unknown persons) from using the trademark Zudio and associated artistic work. The court had directed Vodafone, the Department of Telecommunications and various banks to...

Goodwill Acquired After 'Terminus Ad Quem' Inconsequential: Delhi HC Declines Interim Relief To 'Khadi' In Trademark Infringement Suit

The Delhi High Court has refused to pass interlocutory injunction order against two entities from using “Girdhar Khadi” and “BR Khadi” marks in a trademark suit filed by Khadi and Village Industries Commission. Justice C Hari Shankar however directed the two manufacturers to maintain accounts of the manufacture, stock and sales of their products bearing the two marks and file accounts with the court every three months, pending disposal of the suit.Though the order was passed on December 26...

GI Act, 1999 | Registered Proprietor Can Sue For Infringement Of GI Independently From Authorised User: Madhya Pradesh High Court

The Madhya Pradesh High Court in a recent decision clarified that to file a suit for infringement under Section 21(1) of the GI Act, the Registered Proprietor (RP) need not implead the Authorised User (AU) as a necessary party.The bench comprising Justices Sushrut Arvind Dharmadhikari and Hirdesh, on December 18 held that the existence of AU does not exclude the RP of its independent rights to register and protect the Geographical Indication. Further, it was observed that non impleadment of AU...