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...

Delhi HC Rules In Favour Of CNN News Channel In Trademark Infringement Suit Against Lucknow Based Entity, Awards ₹7 Lakh Costs

The Delhi High Court has restrained a Lucknow based news website from using the marks “CNN City News Network” or “CNN” in a trademark infringement suit filed by CNN news channel. Justice C Hari Shankar directed the defendant entity, City News Network' to remove or disband its website and three other social media pages. “Defendant 1 is directed to pay costs of ₹ 7 lakhs to the plaintiff. The said costs shall be payable within a period of four weeks from today. The suit stands decreed in the...

Invalidity Of Trademark Registration Not A Defense To Infringement, But May Be Relevant When Deciding The Question Of Relief: Delhi HC

In a trademark infringement suit filed by Bhargava Phytolab to protect its mark “TUMORIN” against defendant's use of a deceptively similar mark “TUMOTIN”, the Delhi High Court recently granted relief of interim injunction, holding that plaintiff was able to make out a prima facie case of infringement. Referring to the Supreme Court's decision in Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., the court reiterated that in cases dealing with claims of deceptive similarity between...

Delhi High Court Appoints Justice Nageswara Rao As Mediator In 'Shape Mark' Infringement Suit By Cricket Helmets Manufacturer

The Delhi High Court has appointed former judge of the Supreme Court of India, Justice Nageswara Rao, as a mediator in a suit filed by manufacturer of cricket helmets alleging infringement of its shape mark by a Meerut based entity selling identical products. Justice Prathiba M Singh passed the order after the defendant entity, Ashi Sports, said it is willing to explore mediation in the matter and bring in some changes to ensure that the design or shape of its cricket helmets is not identical to...

Delhi HC Rules In Favor Of Castrol In Trademark Infringement Suit, Says Compromise In Product Quality Can Adversely Affect Customers

The Delhi High Court has awarded costs of Rs. 1 lakh in favor of Castrol India Limited in a trademark infringement suit filed by it against manufacturing of identical products by the defendant-entity using its registered trademarks.Justice Prathiba M Singh observed that the defendants were engaged in manufacturing and sale of counterfeit products using Castrol's trademarks and decreed the suit on the ground of lack of any defense. “The copying of so many marks, labels, packaging and...

Bombay High Court Declines To Restrain Use Of 'ANNA' Trademark, Cites Plaintiff's Stand Of Dissimilarity During Registration Stage

The Bombay High Court recently declined to temporarily restrain a Pune restaurant from using the trademark 'ANNA' in an infringement suit, upon finding that during the registration stage, the plaintiff had told the Trademarks Registry that there was no similarity between his mark 'ANNA IDLI GRUHA' and the defendant's mark 'ANNA. In dismissing the plaintiff's plea for a temporary injunction restraining the defendant from using his mark 'ANNA,' a single bench of Justice Sandeep V...

Whether Google's Warning On Downloading APK File Constitutes Disparagement Of Winzo's Trademark And Goodwill? Delhi High Court To Decide

The Delhi High Court is set to decide as to whether the display of warning by Google to users before they download WinZo's APK file on Chrome mobile browser constitutes disparagement of digital gaming platform's trademarks, goodwill, reputation and business. The warning displayed by Google is “This type of file may harm your device. Do you want to keep WinZO.apk anyway?”Justice C Hari Shankar will also decide as to whether the use of file name in the warning amounts to use as a trademark...

Delhi High Court Restrains Travel Booking Company From Using 'Dialmytrip' Mark In Trademark Infringement Suit By MakeMyTrip

The Delhi High Court has restrained a travel and hotel booking company from using “Dialmytrip” mark in respect of tour, travel, hospitality and other services in a trademark infringement suit filed by online travel company MakeMyTrip. Justice Prathiba M Singh said that the marks "MakeMyTrip" and "Dialmytrip" are confusingly similar with each other and granted ex-parte ad interim injunction in favor of MakeMyTrip. “Especially considering the manner in which online business relating to travel is...

Bombay High Court Directs Seizure Of SE Oil Products' Soya Bean Oil Upon Finding Trademark Deceptively Similar To Patanjali's Marks

The Bombay High Court recently appointed a court receiver and directed immediate seizure of the refined soya bean oil produced by SE Oil Products Pvt Ltd as its trademark was 'deceptively similar' to the trademark of Patanjali Food Ltd.In an ex-parte ad-interim order, Justice RI Chagla observed that prima facie, SE's trademark was identical to Patanjali's registered trademark “TULSI” and non-registered trademark “TULSI GOLD”.The order was passed in an intellectual property rights suit by...

Delhi High Court Restrains Former ‘Bachpan’ Playschool Franchisee From Continuing Use Of Its Trademarks, Logo

Justice C. Hari Shankar of the Delhi High Court recently restrained a former franchisee of playschool ‘Bachpan’ from continuing to use its registered word and device marks, noting that the Franchisee Agreement between the parties expired in 2021. “The use, by the defendants, of the plaintiff’s mark, for running play schools, holding itself out to be a franchisee of the plaintiff, clearly results in likelihood of confusion and association, as envisaged by Section 29(2)(c) read with...