High Courts
'Not Honest Adoption When Essential Features Were Copied': Bombay HC Grants Interim Injunction To Parachute Hair Oil Over Trademark Infringement
The Bombay High Court granted interim relief in favour of Marico Limited, restraining Zee Hygiene Products Pvt. Ltd. and others from using labels, packaging, and bottles that are deceptively similar to the registered trademarks and trade dress of Marico's popular “Parachute,” “Parachute Advanced,” and “Parachute Jasmine” products.Justice Sharmila U. Deshmukh, while allowing Marico's interim application, held that although the defendant possesses a registered trademark for “Cocoplus,” it was not...
'No Intention To Infringe': Lenskart Tells Delhi High Court Over 'Mistake' In Using Titan's Trademarks On Website & As Meta Tags
Indian multinational eyewear company Lenskart recently admitted to its mistake in using Tata owned eyewear brand Titan's trademarks on its website and in meta tags.Titan Company Limited had sued Peyush Bansal's Lenskart for infringement of its trademarks Titan, Titan Eye+ and Fastrack.The company claimed that its registered marks are used on Lenskart's website and also as meta tags to the source code of the said website.For context, meta tags are part of HTML which provide metadata about a...
'Exclusivity May Vanish': Delhi High Court While Granting Interim Relief To Volvo Against Knock-Off Indian Buses
The Delhi High Court recently issued an ex-parte ad interim injunction restraining a bus manufacturer and two inter-city bus service providers, from infringing the 'grille slash' trademark of Sweden-based renowned Volvo buses.Justice Amit Bansal noted that the Defendants deliberately and dishonestly created buses bearing lookalike of Volvo's trademark to encash upon the company's good will.“The defendant no. 1 has admitted manufacturing and selling such buses carrying the infringing logos on...
Threshold Of 'Deceptive Similarity' Is Lower For Food Products: Delhi HC Directs Swiggy, Zomato To Delist Restaurants Infringing Domino's Trademark
The Delhi High Court has restrained fifteen entities from infringing the trademark of famous pizza chain Domino's or its erstwhile trade name Dominick's Pizza, by using deceptively similar marks.In doing so, Justice Saurabh Banerjee observed that in disputes involving edible products, the threshold for establishing deceptive similarity is lower than that applied in other cases.“In essence, any confusion between such products, if allowed to continue, can lead to disastrous consequences on human...
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...