Proprietor Must Establish 'Validity' Of Trademark Registration U/S 28 To Obtain Relief Against Infringement: Delhi High Court

The Delhi High Court has ruled that proprietorship of registration in respect of a trademark does not ipso facto entitle to the proprietor the right to obtain relief against infringement of the mark.Justice C Hari Shankar added that the rights to claim exclusivity over the trademark and to obtain relief against its infringement, as envisaged under Section 28(1) of the Trade Marks Act, are conditional on the trademark registration being valid. “The words “if valid”, in Section 28(1), therefore,...

‘Mankind’ And ‘Novakind’ Marks Confusing When Used For Pharmaceutical Preparations: Delhi High Court

Observing that the marks “Novakind” and “Mankind” are confusing when used for pharmaceutical preparations, the Delhi High Court has made absolute the interim injunction order against an entity manufacturing medicines using the suffix “Kind” till final disposal of a trademark infringement suit filed by Mankind Pharma. “The “KIND” suffix not being endemic to pharmaceutical preparations, there is every likelihood of a customer of average intelligence and imperfect recollection, who chances across...

Google Not Exempted From Liability Of Trademark Infringement When Trademarks Are Used As Keywords In Its Ads Programme: Delhi High Court

The Delhi High Court has ruled that Google is not entitled to the safe harbour protection under the Information Technology Act, 2000, as well as from the liability of trademark infringement where it uses a trademark as a keyword in its Ads Programme. “It is difficult to accept that Google is entitled to exemption under Section 79 of the IT Act from the liability of infringement of trademarks by its use of the trademarks as keywords in the Ads Programme. It can hardly be accepted that Google can...

Delhi High Court Awards Rs 5 Lakh Cost To Sun Pharma In Its Trademark Infringement Suit Over ‘Oxiplat’ Mark

The Delhi High Court has awarded costs of Rs. 5 lakh to pharma company Sun Pharmaceutical Industries Limited in a trademark infringement suit filed by it over its registered mark “Oxiplat”, which is named after one of its drug preparations.The mark ‘Oxiplat’ was coined by Sun Pharmaceuticals in 2001. Since then, it has been used for medicinal preparations consisting of Oxaliplatin, a drug which is used in treatment of cancer of colon and rectum. Justice Prathiba M Singh was dealing with Sun...

Delhi High Court Restrains WOW Momo From Using ‘WOW China Bistro’ Mark In Trademark Infringement Suit By ‘China Bistro’

The Delhi High Court has temporarily restrained fast food chain WOW! Momo from using the mark “WOW China Bistro” in a trademark infringement suit filed by an entity that has been operating various restaurants under its registered mark “China Bistro.”Justice C Hari Shankar however clarified that WOW! Momo would be entitled to use the mark “WOW! CHINA” or “WOW! CHINA LIVE CHINESE” logo. The court observed that when compared as wholes, the two individual marks in question are deceptively similar as...

Trade Marks Act | Prior To Search & Seizure, Police Is Required To Take Registrar’s Opinion On Infringement Of Trademark: Gujarat High Court

While quashing an FIR and the subsequent charge sheet filed against a businessman accused of selling duplicate spare parts of Hyundai Motor Company, the Gujarat High Court said that in the absence of the Registrar's opinion on trademark infringement, the FIR cannot be sustained, and no search or seizure can be made.Justice JC Dosh said, “Provisio to section 115(4) of the Act is clear and unambiguous. Undeniably, the police officer who on the complaint has searched that accused is applying trade...

‘Whitehat SR’ Deceptively Similar To ‘WhiteHat Jr’ Mark, Can’t Be Permitted To Be Used In Physical Or Online Platforms: Delhi High Court

The Delhi High Court has permanently restrained an individual from using ‘Whitehat SR’ mark, logos or any name which is either identical or deceptively similar variant of the mark “WhiteHat Jr” which is registered in favour of an online coding tutoring platform for children. “The mark ‘WHITEHAT JR’ is a registered trademark which has acquired enormous reputation owing to the extensive use which has been done over a short period of time. The impugned mark of the Defendant is ‘WHITEHAT SR’, which...

Registered Trademark Owner Can't Seek Prohibitory Injunction If Opposite Party's Mark Is Also Registered, May Sue For Passing Off: Kerala High Court

The Kerala High Court recently set aside a District Court order restraining M/S Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ for being prima facie similar to Wipro's soap range ‘Chandrika’.The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed it is settled law that an owner of a registered trademark cannot sue for infringement of his registered trademark if the opposite party also has the trade mark which is...

Trademark Infringement: Delhi High Court Restrains Two Websites From Selling Testers Of Calvin Klein Perfumes

The Delhi High Court has permanently restrained two websites from selling perfume 'testers' bearing the trade name Calvin Klein or cK and imposed a cost of Rs 1,00,000 on them to be paid to Coty Germany, which has global authorised licensees of Calvin Klein perfumes.Justice C. Hari Shankar passed the ex parte order in a suit for infringement and passing off filed by Coty Germany against Xeryus Retail Private Limited, that owns the web entity namely www.perfumery.co.in, and website...

Delhi High Court Restrains Wipro From Using ‘EVECARE’ For Its Female Hygiene & Menstrual Health Products In Plea Filed By Himalaya

The Delhi High Court has restrained Wipro Enterprises from using the mark ‘EVECARE’ in relation to its intimate hygiene wash for women or any other product, in a trade mark infringement and passing off suit filed by Himalaya Wellness Company.The bench of Justice Amit Bansal passed the interim order after noting that Himalaya has been selling its uterine tonic under the mark ‘EVECARE’ since 1998, whereas the product of Wipro was launched only around August, 2021.Observing that Himalaya has been...

Delhi High Court Permanently Injuncts ‘Satta Dream 11’ In Trademark Infringement Suit By ‘Dream 11’

Ruling in favour of fantasy sports platform Dream 11, the Delhi High Court has granted permanent injunction against a website offering similar sports betting services under the mark “Satta Dream 11.”Justice Prathiba M Singh observed that the domain name www.sattadream11.com is nothing but a “malafide attempt” to ride on the goodwill of Sporta Technologies’ registered trademark Dream11. “The said mark is completely arbitrary and thus very distinctive. The said marks, ‘Dream11’ and ‘sattadream 11’...

Provide Details Of Grievance Officers And Rules Applicable To People Creating User Profiles: Delhi High Court To LinkedIn In Suit By Tata Sky

The Delhi High Court has directed social media platform LinkedIn to provide details of its Grievance Officers and the relevant Rules applicable to persons creating user profiles as per its policy. Justice Prathiba M Singh also directed Linkedin to place on record the Standard Operating Procedure (SoP), if any, followed by its Grievance Officers whenever a complaint or grievance is received under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The court...