S.76(3) Trademarks Act Does Not Require Both Rival Marks To Be Registered CTMs, Targeted Client Base Relevant To Infringement: Delhi High Court

In an application filed by a leading Scrum certification organization, the Delhi High Court yesterday granted interlocutory injunction restraining the defendants from using the plaintiff’s mark “CERTIFIED SCRUM MASTER” as well as its logo. The plaintiff, being registered proprietor of Certification Trade Marks (CTMs) “CERTIFIED SCRUMMASTER”, “CSM” and certain device marks, had filed the application under Order 39 Rules 1 and 2 CPC, claiming that defendants were using marks and logo...

Can't Expect Every Doctor To Know Distinction Between 'Aziwok' And 'Aziwake': Delhi High Court Grants Injunction In Favour Of Dr. Reddy's

Finding a prima facie case of infringement, the Delhi High Court recently granted injunction in favour of Dr. Reddy’s-AZIWOK against defendant’s AZIWAKE, noting that the minuscule difference between the two words was too slight to detract from the overall phonetic similarity between them.“To the ear of the consumer of average intelligence and imperfect recollection, it is, therefore, clear that the words “AZIWOK” and “AZIWAKE” are phonetically deceptively similar,” the court said.Perusing the...

Delhi High Court Restrains Kerala Based Furniture Store From Using ‘IKEA’ Mark In Trademark Infringement Suit

The Delhi High Court has restrained a Kerala based furniture store “Ikea Luxury Furniture” from using the mark “Ikea” either as a trademark or trade name on hoardings, including stationery, banners, handbills, and promotional materials.Justice Prathiba M Singh was dealing with a trademark infringement suit filed by multinational furniture company, Inter IKEA Systems BV. It sought protection of its mark ‘IKEA’. Ikea alleged that the defendant furniture store was using the mark ‘IKEA’ in respect...

Delhi High Court Restrains Manufacturers From Using ‘Nilkranti’ Device Mark In Suit By ‘Nilkamal’, But Holds No Similarity Between Both Marks

The Delhi High Court has restrained two plastic chair manufacturers from using “Nilkranti” device mark or any other device mark which is confusingly or deceptively similar to the device marks of Nilkamal. Justice C Hari Shankar however rejected Nilkamal’s prayer in its trademark infringement suit to restrain the manufacturers from using “Nilkranti” as a word mark, either for chairs or for any other item manufactured by them. “Seen thus, there is no similarity between NILKAMAL and NILKRANTI. In...

Delhi High Court Restrains Telangana Based Hospital Chain From Using ‘Maxi Cure’ Mark In Trademark Infringement Suit By Max Healthcare

The Delhi High Court has restrained a Telangana based hospital chain from using the mark “Maxi Cure” for its healthcare services in a trademark infringement suit filed by Max Healthcare.Keeping in view the fact that since Maxi Cure Hospital was using the impugned mark for a hospital, Justice Prathiba M Singh clarified that the injunction shall come into effect only from February 01, 2024.The court ordered so to ensure that there is no inconvenience to the patients and others who may be obtaining...

Veer Ji Malai Chaap Trademark Suit: Delhi High Court Holds Restaurant Owner Guilty Of ‘Subverting’ Injunction By Tweaking Name

The Delhi High Court has held a Meerut based restaurant owner guilty of disobeying a last court order which restrained him from having any online listing on Zomato or Swiggy using the name “Veer Ji Malai Chaap Wale” by “subverting” the injunction and using a different name “Veer Di Malai Chaap Wale.”“There was a specific direction to the defendant to remove the online listings from Zomato and Swiggy using the id VEER JI MALAI CHAAP WALE. The defendant has, while removing the said id, engineered...

[OREO v. FABIO] Specific Plea Of Invalidity, Tenable Grounds Essential To Challenge Validity Of Mark U/S 124 Trade Marks Act: Delhi High Court

The Delhi High Court recently rejected an application filed by “OREO” proprietor under Section 124 of the Trade Marks Act seeking permission to initiate rectification proceedings w.r.t. Parle’s “FABIO” mark registered in Class 30 (biscuits, cookies, etc.).It opined that for Section 124(1) to apply in a case where the plaintiff seeks to challenge the validity of the defendant’s mark, “firstly, the defendant must raise a Section 30(2)(e) defence by citing the registration of its mark as a defence...

Blenders Pride v. London Pride | 'Premium Whiskey Consumers Will Be Able To Differentiate': MP High Court In Trademark Infringement Suit

In a legal battle involving competing whiskey brands, Madhya Pradesh High Court has refused to pass a temporary injunction against the makers of ‘London Pride’ for alleged trademark infringement of registered trademarks of ‘Blenders Pride’ & ‘Imperial Blue’.The Division Bench of Justices Pranay Verma and S.A. Dharmadhikari held that the ‘test of deceptive similarity’, as enunciated in Khoday Distilleries Limited v. The Scotch Whisky Association (2008), would vary depending...

Delhi High Court Declares “New Balance” And “NB” Trademarks Of US-Footwear Apparel Brand As 'Well-Known'

Justice Prathiba M. Singh of the Delhi High Court recently declared footwear and apparel brand New Balance’s marks as well-known. It was clarified, however, that there shall be no monopoly in the words “New” and “Balance” if used separately in respect of any other goods or services.“…the mark “NEW BALANCE” is a unique combination of two distinctive words i.e. “New” and “Balance” which have no connection, allusion or description of the products of the services offered by the Plaintiff. The logo...

Competent Court Can Examine Valuation Of IPR Suit Below ₹3 Lakhs, Transfer To Commercial Courts Not Necessary: Delhi High Court

The Delhi High Court on Thursday ruled that it would be open for the competent court to examine the “declared specified value” and the value ascribed to the reliefs claimed in an IPR suit if it is pegged below Rs. 3 lakhs, adding that its undervaluation would have to be evaluated based on the facts of each case. A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma said that the exercise can be legally undertaken by the competent court itself and that such matters need not be...

'Indian Stag' Liquor Deceptively Similar To ‘Royal Stag’ But No Case Of Passing Off Since Former Only Exported: Delhi High Court

The Delhi High Court has confirmed an interim order passed in 2019 restraining two manufacturers/sellers from dealing in liquor and alcoholic beverages under the mark “Indian Stag” in a trademark infringement suit filed by Indian whiskey brand “Royal Stag”.Justice C. Hari Shankar said that the interim order passed by a co-ordinate bench on July 25, 2019 shall remain confirmed pending the disposal of the trademark infringement suit.It was simultaneously ruled that no case of passing off was made...

Dream11 vs. Dreamz11: Delhi High Court Grants Trademark Protection To Dream11 Owner

The Delhi High Court recently decreed a suit brought by owner of fantasy sports app ‘Dream11’, observing that the contesting defendants (defendant Nos. 1 and 2) had a “clear and transparent intent” to imitate the plaintiffs.Given the similarities between the competing marks, the fact that they were being used for identical services, and the likelihood of confusion in the minds of consumers, Justice C. Hari Shankar held that a case of infringement u/s 29(2)(b) of the Trade Marks Act, 1999 was...