Delhi High Court Grants Protection To Indiamart's Trademark, Criticises Opponent For Misusing Its Promoters' Photos To Mislead Consumers

Justice C. Hari Shankar of the Delhi High Court recently granted a permanent injunction in favour of Plaintiff-INDIAMART, which had filed a suit seeking restraining of defendant No.1 from using its trademark (or any deceptively similar mark) as well as logos.The plaintiff pled that it was the holder of various valid and subsisting trademarks as well as domain names comprising “INDIAMART”. As such, defendant No.1’s adoption of “INDIAMART” was a clear case of infringement and passing off.It was...

Liv.52 Trademark Infringement: Delhi High Court Grants Permanent Injunction In Favour Of Himalaya Wellness Company

The Delhi High Court on Tuesday granted a permanent injunction in favor of Himalaya Wellness Company, while decreeing a suit against defendants’ adoption of its trademarks and trade dress.The plaintiffs had approached the court against defendants’ use of trade names “LIV.55 DS”, “LIVA 55” and “LIV. 999” for liver tonic similar to theirs, which was being marketed using a trade dress also deceptively similar to the plaintiffs’.The plaintiffs (who sell their products under umbrella brand...

Selling Counterfeit Goods Is As Much A Tort Of Infringement Or Passing Off As Manufacturing The Goods: Delhi High Court

The Delhi High Court recently decreed a suit in favour of New Balance Athletics Inc., holding that dealing in counterfeit goods was sufficient to constitute infringement/passing off.The suit had been filed by the plaintiff as proprietor of registered marks ‘NEW BALANCE’ and ‘NB’, under which it was selling footwear and readymade clothing in over 120 countries, including India.It alleged that the defendants were selling counterfeit readymade garments using ‘NEW BALANCE’ and ‘NB’ marks. To support...

Akin To Theft In Police Station: Delhi High Court Grants Ex-Parte Injunction Against Indian Companies Using Japan Patent Office’s Logo

The Delhi High Court has restrained Indian company ‘A2Z Glass and Glazing Co.’ and its two sister concerns from using Japan Patent Office’s mark/logo (or any mark identical or similar thereto) as well as the mark ‘JPO PLATINUM’ in respect of any product or service, with immediate effect.The judgment came to be passed by Justice Prathiba M. Singh in an application filed by the Japanese governmental agency under Order 39 Rules 1&2 CPC, alleging imitation of its logo by the Defendant-Indian...

Level Of Tolerance Permitted For Confusion Among Customers In Pharmaceutical Products ‘Very Low’, Can’t Be Easily Condoned: Delhi High Court

The Delhi High Court has observed that the level of tolerance allowable for confusion among consumers is “very low” in pharmaceutical products which cannot be easily condoned.Justice Prathiba M Singh was dealing with a suit filed by Glaxo Group Limited seeking protection of the packaging and trade dress of its product name “Aufmentin” used for pharmaceutical and medicinal preparations. The suit was filed against a Mumbai based pharmaceutical company namely Precado Healthcare Private Limited....

Suit For Injunction | Party Estopped From Taking Stand Contradictory To That Taken Before Trademark Registrar: Rajasthan High Court

Interference not normally warranted in temporary injunction orders which is discretion of trial court and reasonably possible view.

[Trademark Infringement] Higher Degree Of Caution Required Where Marks Pertain To Food Items Or Eateries: Delhi High Court

The Delhi High Court has observed that where the trademarks in a suit pertain to food items or eateries where food items are served, a “higher degree of care and caution” is to be observed.Observing that running an eating house using a mark which is deceptively similar to a reputed mark does not speak well for the enterprise concerned, Justice C Hari Shankar said:“The intent to capitalise on the reputation of a known and established brand, by using a mark which is deceptively similar to the mark...

Theos v. Theobroma: Delhi High Court Closes Trademark Infringement Suit, Issues Clarifications

The Delhi High Court has decreed with certain clarifications a trademark infringement suit between two competing bakery entities Theos and Theobroma, after a settlement between them.Justice Prathiba M Singh permitted bakery outlet Theorbroma to expand its outlets across the country but restrained Theos to the Delhi-NCR region.“Theobroma is free to expand its outlets under the mark/name ‘THEOBROMA’ across the country. However, Theos shall be restrained to the Delhi-NCR region, insofar...

Indian Entity Invokes "Holy Trinity Of Hindu Gods" To Defend Trade Name In Delhi High Court But Fails, German Company Gets Interim Relief

The Delhi High Court recently dismissed the attempt of an Indian entity to invoke the holy Trinity of Hindu gods- Brahma, Vishnu and Mahesh- to justify the use of a mark which allegedly infringed a German medical equipment company’s “VBM” mark.While granting interim relief to the latter, bench of Justice C. Hari Shankar said,“The “Vishnu Brahma Mahesh” explanation is too facile to pass legal muster, besides being unsupported by any corroborative documentary evidence,” the court said.The bench...

Court Can't Return Finding Of Infringement Against Registered Trademark Holder Without Invalidating Its Registration: Delhi High Court

The Delhi High Court has ruled that it cannot returning a finding of infringement against the holder of a registered trade mark without invalidating its trademark registration in the first instance.The bench of Justice C. Hari Shankar was hearing a suit for infringement of trademark, where the defendants were subsequently granted registration of the impugned trademark. The court remarked that by operation of Section 23(1) of the Trade Marks Act, 1999, the registration dated back to 29th April...

Potential Infringement Of Child's Right To Privacy: High Court Upholds Stay On Aadhar Mandate For EWS Admissions In Delhi Private Schools

The Delhi High Court has upheld a single judge order staying two circulars issued by the Delhi Government mandating furnishing of Aadhaar card of a child in the online process for admission in a private school in the national capital under the EWS or DG category. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the issue of obtaining sensitive personal details of a child, as observed by the Supreme Court in K.S. Puttaswamy case, would have...

Delhi HC Denies Interim Relief To Ivy League Princeton University In Trademark Suit Against Hyderabad-Based 'Princeton' Schools & Colleges

The Delhi High Court has observed that merely because several Indians may have studied in the prestigious Princeton University in the United States would not amount to “use” by the American Ivy League college of its “Princeton” mark in India for providing its services in terms of the Trade Marks Act. “Reference to Indian students studying at Princeton, howsoever large the number, cannot amount to the plaintiff providing services, in India, under the PRINCETON mark. Opening of centres in the...