'Classic Case Of Triple Identity': Delhi HC Issues Permanent Injunction In Favor Of Heifer International In Infringment Suit Against Heifer Project India Trust

The Delhi High Court has issued a permanent injunction in favor of Heifer Project International in a trademark infringement dispute against Heifer Project India Trust. Justice Sanjeev Narula, presiding over the case, highlighted that it was a clear instance of 'triple identity'.Justice Narula noted, "Indeed, the present case is a classic instance of 'triple identity.' The Impugned trademarks are nearly identical, as are the areas of operation, and the segments of the public they target....

Calcutta High Court Restrains HUL From Using 'Glow & Handsome' Trademark In Infringement Suit By Emami

The Calcutta High Court has restrained consumer goods giant Hindustan Unilever Ltd (HUL) from using the 'Glow & Handsome' trademark to sell its men's care products following a suit by Emami Ltd. whose brand "Fair & Handsome" allegedly held the major market share.In 2020, HUL changed the name of its men's skin cream from “MEN'S FAIR & LOVELY” to “GLOW & HANDSOME.” Emami immediately challenged HUL's use of the mark “GLOW & HANDSOME” before the Calcutta High Court, on the basis...

Burden On Defendant To Rebut Presumption As To Prima Facie Validity Of Registered Trademark In Suit Against Infringement: Karnataka High Court

The Karnataka High Court has dismissed the appeal filed by a partnership firm challenging trial court's temporary injunction order restraining it from infringing original plaintiff's registered trademark "Hotel Special", in relation to marketing of asafoetida (Hing).A single judge bench of Justice Anant Ramanath Hegde observed that registration of trademark is granted by the authority after due application of mind. Thus, it held, “Once the trade mark is registered, Section 31(1) of the Act...

Domino's Pizza: Delhi High Court Restrains Food Outlets From Using 'Domino', 'Dominoz' Marks, Orders Delisting From Swiggy And Zomato

The Delhi High Court has restrained eight food outlets in the national capital from using Domino, Domino's, Dominon, Domino's, Dominoz, Domino's and Domain's marks after famous multinational pizza restaurant chain Domino's Pizza sued them over trademark infringement.Justice Sanjeev Narula directed food delivery platforms, Zomato and Swiggy, to delist, takedown and suspend the outlets from their mobile applications and websites.It was the case of Domino's Pizza that the eight food outlets...

Delhi High Court Orders Take Down Of 'Fraudulent Website' Impersonating Tata, Luring Customers To Invest In Ponzi Scheme

The Delhi High Court has ordered the taking down of a “fraudulent website” impersonating Tata Sons Private Limited and luring customers to invest in their ponzi investment scheme.Justice Sanjeev Narula directed restrained Tata Restart, the entity running the website, from, using Tata or Tata Restart mark or any other mark deceptively similar to the registered marks of Tata Sons.Granting an ad-interim injunction in favour of Tata Sons in its trademark infringement suit, the court directed the...

Delhi High Court Awards ₹3.5 Lakh Costs To Puma In Trademark Infringement Suit

The Delhi High Court has awarded Rs. 3.5 lakh costs to German multinational corporation, Puma, in a trademark infringement suit against an entity manufacturing various products using the former's trademark “Puma.”Justice Anish Dayal decreed the suit in favour of Puma and permanently restrained the defendant manufacturer, Ashok Kumar who was trading as RK Industries, from manufacturing products using the “Puma” mark. In September 2022, an ex parte ad interim injunction order was passed wherein...

Delhi High Court Disposes 40 Yrs Old Dispute Concerning Infringement Of 'FIELD MARSHAL' Trademark

The Delhi High Court has recently disposed of a 40 year old dispute concerning the infringement of “Field Marshal” trademark.Justice Prathiba M Singh decreed a suit filed by an entity, PM Diesels Private Limited in 1985 seeking to injunct another entity, Thukral Mechanical Works from using 'Fieldmarshal' or any other mark deceptively similar to its mark. PM Diesels claimed that it was the registered proprietor of the mark “Fieldmarshal” written in a particular style which was used since August...

Delhi High Court Restrains Food Outlet From Using 'WOW PUNJABI' Trademark In Infringement Suit By 'WOW! MOMO'

The Delhi High Court has restrained a food outlet from using the “WOW PUNJABI” mark after the famous eatery WOW! MOMO sued it over trademark infringement. Justice Anish Dayal said WOW! MOMO made out a prima facie case for grant of an ex parte ad interim injunction in its favour and that it is likely to suffer irreparable harm in case the relief is not granted.“Accordingly, till the next date of hearing, an ex parte ad interim injunction is passed against defendant and accordingly, the defendant,...

Trademark Suit Can Be Filed At 'Principal Place Of Business', Doesn't Need To Be Filed At Company's Registered Address: Bombay High Court

The Bombay High Court has ruled that a company's registered office may not necessarily be its principal place of business for the purposes of filing a trademark infringement suit. The court held that a suit for infringement of trademark can be filed at the "principal office" of the company, even if the registered office is located elsewhere.The ruling came in an interim application filed by Shree Sai Plast Pvt. Ltd., seeking the return of a suit filed against it by Prince Pipes and Fittings Ltd....

Delhi High Court Cancels Man's 'Dolma' Trademark In Plea By 'Dolma Aunty Momos'

The Delhi High Court has cancelled “Dolma” trademark adopted by an individual after the famous “Dolma Aunty Momos” filed a plea against its use. Justice Anish Dayal directed that the impugned trademark be cancelled and removed from the Trade Marks Register. The rectification petition was filed by Dolma Tsering, the lady who started selling momos in the national capital in 1994 and is now famous as Dolma Aunty Momos. The plea sought cancellation of “Dolma” mark adopted by one Mohd. Akram Khan....

[Trademarks Act] Individual's Right To Use His Or Her Name For Own Goods Can't Be Compromised: Delhi High Court

Quoting Shakespeare “What's in a name?”, the Delhi High Court has observed that in terms of the Trade Marks Act, 1999, the right of a person to use his or her name on one's own goods cannot be compromised, else it would compromise the right to use one's name as an identity marker, which would ex facie be unconstitutional.“In the absence of any such caveat to be found in Section 35 (of Trade Marks Act), it may be arguable, at the very least, whether, while the use of one's name as an...

E-Commerce Platforms Obliged To Provide Complete Details Of Sellers, Can't Be Exploited To Facilitate IPR Infringement: Delhi High Court

The Delhi High Court has observed that there is an obligation on the E-Commerce platforms to ensure that complete details of the sellers are available on their site so that consumers are aware of the sellers from whom the product has been purchased, as well as the entity who is listing the product.“The Consumer Protection (E- Commerce) Rules, 2020, notified on 23rd July, 2020, imposes an obligation as per section 5, on the e-commerce platform to give the full geographic address,...