Delhi High Court Appoints Justice Nageswara Rao As Mediator In 'Shape Mark' Infringement Suit By Cricket Helmets Manufacturer

The Delhi High Court has appointed former judge of the Supreme Court of India, Justice Nageswara Rao, as a mediator in a suit filed by manufacturer of cricket helmets alleging infringement of its shape mark by a Meerut based entity selling identical products. Justice Prathiba M Singh passed the order after the defendant entity, Ashi Sports, said it is willing to explore mediation in the matter and bring in some changes to ensure that the design or shape of its cricket helmets is not identical to...

Delhi HC Rules In Favor Of Castrol In Trademark Infringement Suit, Says Compromise In Product Quality Can Adversely Affect Customers

The Delhi High Court has awarded costs of Rs. 1 lakh in favor of Castrol India Limited in a trademark infringement suit filed by it against manufacturing of identical products by the defendant-entity using its registered trademarks.Justice Prathiba M Singh observed that the defendants were engaged in manufacturing and sale of counterfeit products using Castrol's trademarks and decreed the suit on the ground of lack of any defense. “The copying of so many marks, labels, packaging and...

Bombay High Court Declines To Restrain Use Of 'ANNA' Trademark, Cites Plaintiff's Stand Of Dissimilarity During Registration Stage

The Bombay High Court recently declined to temporarily restrain a Pune restaurant from using the trademark 'ANNA' in an infringement suit, upon finding that during the registration stage, the plaintiff had told the Trademarks Registry that there was no similarity between his mark 'ANNA IDLI GRUHA' and the defendant's mark 'ANNA. In dismissing the plaintiff's plea for a temporary injunction restraining the defendant from using his mark 'ANNA,' a single bench of Justice Sandeep V...

Whether Google's Warning On Downloading APK File Constitutes Disparagement Of Winzo's Trademark And Goodwill? Delhi High Court To Decide

The Delhi High Court is set to decide as to whether the display of warning by Google to users before they download WinZo's APK file on Chrome mobile browser constitutes disparagement of digital gaming platform's trademarks, goodwill, reputation and business. The warning displayed by Google is “This type of file may harm your device. Do you want to keep WinZO.apk anyway?”Justice C Hari Shankar will also decide as to whether the use of file name in the warning amounts to use as a trademark...

Delhi High Court Restrains Travel Booking Company From Using 'Dialmytrip' Mark In Trademark Infringement Suit By MakeMyTrip

The Delhi High Court has restrained a travel and hotel booking company from using “Dialmytrip” mark in respect of tour, travel, hospitality and other services in a trademark infringement suit filed by online travel company MakeMyTrip. Justice Prathiba M Singh said that the marks "MakeMyTrip" and "Dialmytrip" are confusingly similar with each other and granted ex-parte ad interim injunction in favor of MakeMyTrip. “Especially considering the manner in which online business relating to travel is...

Bombay High Court Directs Seizure Of SE Oil Products' Soya Bean Oil Upon Finding Trademark Deceptively Similar To Patanjali's Marks

The Bombay High Court recently appointed a court receiver and directed immediate seizure of the refined soya bean oil produced by SE Oil Products Pvt Ltd as its trademark was 'deceptively similar' to the trademark of Patanjali Food Ltd.In an ex-parte ad-interim order, Justice RI Chagla observed that prima facie, SE's trademark was identical to Patanjali's registered trademark “TULSI” and non-registered trademark “TULSI GOLD”.The order was passed in an intellectual property rights suit by...

Delhi High Court Restrains Former ‘Bachpan’ Playschool Franchisee From Continuing Use Of Its Trademarks, Logo

Justice C. Hari Shankar of the Delhi High Court recently restrained a former franchisee of playschool ‘Bachpan’ from continuing to use its registered word and device marks, noting that the Franchisee Agreement between the parties expired in 2021. “The use, by the defendants, of the plaintiff’s mark, for running play schools, holding itself out to be a franchisee of the plaintiff, clearly results in likelihood of confusion and association, as envisaged by Section 29(2)(c) read with...

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...

Writ Petition Against An Award Passed By A Facilitation Council Under MSMED Act Not Maintainable: Supreme Court

The Supreme Court recently held that a writ petition against an award passed by a Facilitation Council under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not be maintainable. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that the correct remedy against an award under the Act was provided under Section 34 of the Arbitration and Conciliation Act 1996 and approaching a High Court instead of pursuing the said remedy...

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...