Delhi High Court Rules In Favour Of Taj Hotels In Trademark Infringement Suit Against 'Taj Iconic'

The Delhi High Court has ruled in favour of Indian Hotels Company, which owns the Taj hotels chain, in a trademark infringement suit filed by it against a man running a business under the name “Taj Iconic Membership.”Justice Mini Pushkarna awarded Rs. 10 lakh damages and Rs. 5 lakh costs in favour of the Taj group and decreed the suit against the individual, Manoj. The suit claimed that in 2022, Manoj's representative contacted Taj's representative, asking them whether they were interested...

Delhi High Court Restrains T-Series From Using 'Aashiqui' Title In Trademark Infringement Suit By Mukesh Bhatt's Firm

The Delhi High Court has restrained film production company T-Series from using titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” and “Aashiqui” in respect of an upcoming film. Justice Sanjeev Narula granted an interim injunction in favour of Vishesh Films, a film company owned by Mukesh Bhatt, in a trademark infringement suit filed against Super Cassettes Industries Private Limited, which does business as T-Series. The court said that Vishesh Films' mark “Aashiqui” is registered under the Trade...

[Mount's 6000 v. Vasco 60000] MP High Court Allows Brewery's Plea Challenging Registration Of "Similar" Label, Says It May Confuse Public

The Madhya Pradesh High Court, at its Indore bench, recently allowed a plea moved by a brewery–Mount Everest Breweries Limited, which had challenged the registration of a similar beer label–“VASCO 60000 EXTRA STRONG BEER” by a competing brewery alleging that it would lead to a potential trademark infringement.The high court however held that the there was similarity and resemblance which might confuse the public between the two products.Taking note of the features of the two products, the...

Trademark Infringement: Bombay High Court Grants Temporary Relief To US Fast-Food Giant "Burger King", Restrains Pune-Based Outlet

In a temporary respite for the United States food giant 'Burger King' the Bombay High Court on Monday granted an ad-interim order, restraining a Pune-based food joint from using the trademark 'Burger King' till further hearing in the matter.A division bench of Justices Atul Chandurkar and Rajesh Patil said it will hear the appeal filed by Burger King Corporation, the US food company through its counsel Hiren Kamod, on September 6."Till then the ad-interim relief to continue against the...

Trade Mark Infringement: Bombay High Court Restrains Indian Pharma Company From Using Mark 'Deceptively Similar' To International Firm

The Bombay High Court recently restrained an Indian company from using a trade mark, 'deceptively similar' to an International pharmaceutical company, observing that the primary duty of the court is towards the public.Single-judge Justice Riyaz Chagla restrained Sefier Life Science Private Ltd. an Indian company, which has been manufacturing medicines here and exporting it to various countries. The plaintiff -Les Laboratories Servier, is an international and independent pharmaceutical group...

Bombay High Court Imposes ₹4 Crore Additional Cost On Patanjali For Breach Of Injunction Order In Trademark Infringement Case

The Bombay High Court on July 29, imposed a cost of Rs 4 crores on Patanjali Ayurved Ltd. for violating an injunction/ad-interim order of the Court, which had restrained the company from selling its camphor products in relation to a trademark infringement case filed by Mangalam Organics Ltd.Patanjali now has a total of Rs 4.5 crores imposed on it. Mangalam Organics had filed a commercial suit against Patanjali claiming passing off and copyright infringement of their camphor products. Through an...

Delhi High Court Rejects Textile Firm's Sindhi Breakdown Of Word "Adidas" To Defend Trademark Infringement Suit

The Delhi High Court recently permanently restrained a textile firm and its partners from using the 'Adidas' mark, after the German sports and apparel wear company filed a trademark infringement lawsuit.In doing so, a single judge bench of Justice Sanjeev Narula rejected the defendants' contention that the name of the firm stems from one of the partners' “deep admiration for his elder sister” addressed as 'ADI' in the Sindhi community. Contending that the use of the term was bonafide and...

[Trademarks Act] Infringement Proceedings Can't Be Quashed Due To 'Irregularity' Of Search & Seizure Without Registrar's Opinion: Karnataka HC

The Karnataka High Court has held that non-compliance with Subsection (4) of Section 115 of the Trade Mark Act, which mandates taking opinion of the Registrar of Trade Marks, before carrying out search and seizure is an irregularity for which the infringement proceedings cannot be quashed.A single judge bench of Justice Suraj Govindaraj held thus while dismissing a petition filed by Manjunatha M S who had approached the court questioning the prosecution initiated against him for offences...

Identical Marks For Medicines Could Mislead Customers, Delhi High Court Restrains Rebanta Healthcare From Using Dr Reddys' Registered Trademark

The Delhi High Court single bench of Justice Mini Pushkarna held that using visually and phonetically identical marks for medicines could confuse the general public, especially when the products serve different medical purposes. A permanent injunction was granted against Rebanta Healthcare Pvt. Ltd. for using Dr Reddys Laboratories Ltd.'s trademark 'REBAHEAL'. Both Rebanta and Dr Reddys are pharmaceutical companies which manufacture a wide range of medicinal products. Brief Facts: ...

Madras High Court Stays Re-Release Of Kamal Hassan Starrer Film “Guna” Amidst Copyright Infringement Claims

The Madras High Court has stayed the re-release of Kamal Hassan starrer 1991 Tamil Movie “Gunaa” amidst copyright infringement claims. Justice P Velmurugan granted an ad-interim injunction on an application made by Ghanshyam Hemdev. Noting that the balance of convenience favored Hemdev, the court was inclined to grant the ad interim injunction. Meanwhile, the court also issued notices to the respondents, Pyramid Audio India Pvt Ltd, Evergreen Media Pvt Ltd, and Prasad Film...

Bombay High Court Directs Patanjali Ayurved To Deposit Rs 50 Lakh For Breach Of Injunction Order In Trademark Infringement Case

The Bombay High Court has directed Patanjali Ayurved Ltd. to deposit Rs. 50,00,000 to the court as it violated an injunction/ad-interim order of the Court that had restrained the company from selling its camphor products, in relation to a trademark infringement case filed by Mangalam Organics Ltd.Mangalam Organics (applicant) had filed a commercial IPR suit against Patanjali Ayurved (defendant no. 1), claiming passing off and copyright infringement of their camphor products. Through an...

Suit Against Passing Off Maintainable Even If Plaintiff And Defendant Have Identical Registered Trademarks: Rajasthan High Court

The Rajasthan High Court has held that a suit for passing off does not get affected by the two proprietors having similar registered trademarks and hence, it cannot be dismissed on account of Section 28(3) of the Trademarks Act, 1999.Section 28(3) of the Act provides that when two or more persons are registered proprietors of identical trademarks, none of the registered proprietors can file a case against the other for infringement of that trademark. A bench of Justice Vinit Kumar Mathur also...