Delhi High Court Issues Interim Stay Order Against Registration Of “JACK DANIEL'S” Trademark By Another Business Entity

In an interim order granted in favour of well known alcohol brand Jack Daniels Properties Inc., the Delhi High Court stayed the registration of the brand's trademark “JACK DANIEL'S” by another entity. Jack Daniels had submitted that it has been using the mark “JACK DANIEL'S” since 1895 in respect of alcoholic beverages. It is a registered trademark and it been using the mark in India since 1997. It alleged that one M/S Manglam Krupa (respondent no.1) has got the “JACK DANIEL'S” mark...

Delhi HC Awards ₹14 Lakh Costs To 'New Balance' In Trademark Infringement Suit Against Website Selling Counterfeit Products

The Delhi High Court has recently awarded more than Rs. 14 lakh as costs to sports footwear and apparel brand “New Balance” in a trademark infringement suit filed by it against a rogue website selling counterfeit products. Justice Mini Pushkarna decreed the suit in favour of New Balance and against the website - www.luxurytag.in, its owner and operators. The Court noted that since the defendants in the suit did not participate in the proceedings and failed to file written statement, submissions...

Trademark Infringement: Delhi High Court Issues Permanent Injunction In Favour Of Tobacco Company Which Owns 'Marlboro' Cigarettes

The Delhi High Court has issued permanent injunction in favour of Philip Morris Brands SARL, an American tobacco company, against trademark and copyright infringement of its cigarette packs.Philip Morris adopted the trademark 'MARLBORO' for its cigarette packs in 1924. It started selling cigarettes bearing the said mark in India through a trading company in 2003. It also uses other marks for its cigarette packs such as 'ROOFTOP' and 'SMOOTHFLO', which are registered marks. Philip Morris sought a...

Bombay High Court Stays Trial Court Order Permitting Pune-Based Food Joint To Use 'Burger King' Trademark

The Bombay High Court on Monday stayed an order of a local Court and restrained a Pune-based food joint from using the trademark 'Burger King', granting relief to the United States food giant 'Burger King.'A division bench of Justices Atul Chandurkar and Rajesh Patil stayed the order while admitting the appeal filed by Burger King against the Pune Court's verdict. While granting relief to the US food joint, the judges orally observed that their division bench will be the last "fact-finding"...

Bombay High Court Temporarily Restrains Recruitment Website From Infringing Hind Rectifiers Ltd's 'HIRECT' Trademark

The Bombay High Court has issued a temporary injunction restraining Chrome21 India Pvt. Ltd. from infringing semiconductor manufacturer Hind Rectifiers Limited's registered trademark called 'HIRECT'.In doing so the court observed that the defendant company had "dishonestly adopted" mark after noting that the defendant's mark was identical to plaintiff's and was for the same class of goods and services. It was plaintiff Hind Rectifiers' case that its business is spread across various sectors...

Bombay High Court Issues Interim Injunction Against 'DESIMOCHI' Over Trademark Infringement Of Metro Footwear's 'MOCHI'

The Bombay High Court has issued a temporary injunction in favour of the popular footwear brand Metro Brands Limited, against trademark infringement of its 'MOCHI' marks.The plaintiff Metro stated that it has been using the 'MOCHI' mark since 1977 and its goods are sold through various e-commerce platforms. In 2016, Metro began selling goods with 'MOCHI' marks under the domain name 'mochishoes.com'. It said that in 2022 it came to know about Nice Shoes LLP's (defendants) website 'desimochi.com',...

Delhi High Court Grants Relief To Mankind Pharma, Restrains Use Of 'Mankind Agri Seeds' Mark

Granting relief to pharmaceutical company "Mankind Pharma", the Delhi High Court has recently restrained a Gujarat based agricultural goods manufacturer entity from using "Mankind Agri Seeds'" mark while advertising or selling its products. Justice Amit Bansal passed the interim order in favour of Mankind Pharma in its trademark infringement suit against Mankind Agri Seeds, observing that a prima facie case of infringement and passing off was made out against the latter. The Court also...

Delhi High Court Orders Removal Of 'MH7' Trademark For Infringement Of MH ONE TV Network's Marks

The Delhi High Court has directed the Registrar of Trade Marks to remove the “MH7” trademark from its register, ruling that it infringes upon the trademarks owned by MH ONE TV Network Private Limited.MH ONE TV Network Pvt. Ltd. (petitioner) provides broadcasting services in cable, television and radio. Its 'MH ONE' channel streams Punjabi music and entertainment shows. It has additional channels 'MH ONE SHRADDHA', a devotional channel and 'MH ONE NEWS', a 24-hour news channel with a focus on...

Delhi High Court Permanently Restrains Two Businessmen From Infringing Trademark Of French Luxury Brand Louis Vuitton

The Delhi High Court has issued a permanent injunction in favour of the French luxury brand Louis Vuitton, against trademark infringement and passing off of its products bearing the 'LV' trademark by two businessmen.The plaintiff Louis Vuitton Malletier which manufactures and sells clothing, footwear, fashion accessories and cosmetics and has several trademark registrations in India, had moved a suit seeking permanent injunction against the defendant nos. 1 and 2, restraining them from...

Delhi High Court Issues Permanent Injunction Against Copyright Infringement Of 'Mirchi' And 'Radio Mirchi' Content

The Delhi High Court has issued a permanent injunction against unauthorized broadcasting and transmission of audio content owned by Entertainment Network (India) Limited, a radio broadcaster, which owns and operates FM radio stations across the country under the trademarks 'Mirchi', 'Radio Mirchi' and 'Sunday Suspense'.Entertainment Network (plaintiff), sought a permanent injunction against defendant nos. 1 to 25 for copyright infringement of its sound recordings and artistic works and the...

Reusing Another Brand's Embossed Beer Bottles To Sell One's Own Beer Product Is Trademark Infringement: Madhya Pradesh High Court

The Madhya Pradesh High Court has made it clear that reusing old beer bottles, which are embossed with the brand name/ logo of another company, to sell one's own beer product- constitutes trademark infringement.A division bench of Justices Sanjeev Sachdeva and Pranay Verma thus restrained the sale of two beer companies in old bottles of Mount Everest Breweries Ltd., which are embossed with their beer brand 'STOK' and their logo, the face of a panda. It observed,“Even though, Private...

Bombay High Court Issues Interim Injunction Against Trademark & Copyright Infringement Of 'CAMPA' Soft Drinks By “Jhampa”

The Bombay High Court has issued a temporary injunction against trademark and copyright infringement 'CAMPA' beverages, owned by Reliance Retail Ltd.Reliance (plaintiff) filed the suit against the defendants for trademark infringement, passing off and copyright infringement of the non-alcoholic Campa beverages. The mark 'CAMPA was adopted by Campa Beverages Private Ltd in 1972. Reliance stated that Campa Beverages assigned the 'CAMPA' trademark and its copyrighted and artistic works to it in...