Delhi High Court Restrains Telangana Based Hospital Chain From Using ‘Maxi Cure’ Mark In Trademark Infringement Suit By Max Healthcare

The Delhi High Court has restrained a Telangana based hospital chain from using the mark “Maxi Cure” for its healthcare services in a trademark infringement suit filed by Max Healthcare.Keeping in view the fact that since Maxi Cure Hospital was using the impugned mark for a hospital, Justice Prathiba M Singh clarified that the injunction shall come into effect only from February 01, 2024.The court ordered so to ensure that there is no inconvenience to the patients and others who may be obtaining...

Veer Ji Malai Chaap Trademark Suit: Delhi High Court Holds Restaurant Owner Guilty Of ‘Subverting’ Injunction By Tweaking Name

The Delhi High Court has held a Meerut based restaurant owner guilty of disobeying a last court order which restrained him from having any online listing on Zomato or Swiggy using the name “Veer Ji Malai Chaap Wale” by “subverting” the injunction and using a different name “Veer Di Malai Chaap Wale.”“There was a specific direction to the defendant to remove the online listings from Zomato and Swiggy using the id VEER JI MALAI CHAAP WALE. The defendant has, while removing the said id, engineered...

[OREO v. FABIO] Specific Plea Of Invalidity, Tenable Grounds Essential To Challenge Validity Of Mark U/S 124 Trade Marks Act: Delhi High Court

The Delhi High Court recently rejected an application filed by “OREO” proprietor under Section 124 of the Trade Marks Act seeking permission to initiate rectification proceedings w.r.t. Parle’s “FABIO” mark registered in Class 30 (biscuits, cookies, etc.).It opined that for Section 124(1) to apply in a case where the plaintiff seeks to challenge the validity of the defendant’s mark, “firstly, the defendant must raise a Section 30(2)(e) defence by citing the registration of its mark as a defence...

Blenders Pride v. London Pride | 'Premium Whiskey Consumers Will Be Able To Differentiate': MP High Court In Trademark Infringement Suit

In a legal battle involving competing whiskey brands, Madhya Pradesh High Court has refused to pass a temporary injunction against the makers of ‘London Pride’ for alleged trademark infringement of registered trademarks of ‘Blenders Pride’ & ‘Imperial Blue’.The Division Bench of Justices Pranay Verma and S.A. Dharmadhikari held that the ‘test of deceptive similarity’, as enunciated in Khoday Distilleries Limited v. The Scotch Whisky Association (2008), would vary depending...

Delhi High Court Declares “New Balance” And “NB” Trademarks Of US-Footwear Apparel Brand As 'Well-Known'

Justice Prathiba M. Singh of the Delhi High Court recently declared footwear and apparel brand New Balance’s marks as well-known. It was clarified, however, that there shall be no monopoly in the words “New” and “Balance” if used separately in respect of any other goods or services.“…the mark “NEW BALANCE” is a unique combination of two distinctive words i.e. “New” and “Balance” which have no connection, allusion or description of the products of the services offered by the Plaintiff. The logo...

'Indian Stag' Liquor Deceptively Similar To ‘Royal Stag’ But No Case Of Passing Off Since Former Only Exported: Delhi High Court

The Delhi High Court has confirmed an interim order passed in 2019 restraining two manufacturers/sellers from dealing in liquor and alcoholic beverages under the mark “Indian Stag” in a trademark infringement suit filed by Indian whiskey brand “Royal Stag”.Justice C. Hari Shankar said that the interim order passed by a co-ordinate bench on July 25, 2019 shall remain confirmed pending the disposal of the trademark infringement suit.It was simultaneously ruled that no case of passing off was made...

Dream11 vs. Dreamz11: Delhi High Court Grants Trademark Protection To Dream11 Owner

The Delhi High Court recently decreed a suit brought by owner of fantasy sports app ‘Dream11’, observing that the contesting defendants (defendant Nos. 1 and 2) had a “clear and transparent intent” to imitate the plaintiffs.Given the similarities between the competing marks, the fact that they were being used for identical services, and the likelihood of confusion in the minds of consumers, Justice C. Hari Shankar held that a case of infringement u/s 29(2)(b) of the Trade Marks Act, 1999 was...

Delhi High Court Restrains Use Of ‘OYKAA’ Mark In Trademark Infringement Suit By ‘NYKAA’, Directs Suspension Of Website

The Delhi High Court has restrained owner of an online website selling makeup and skincare products from using the mark “Oykaa” or any other mark similar or identical to “Nykaa” which is an e-commerce company which sells beauty, wellness and fashion products. Justice Prathiba M Singh directed that the website www.oykaa.com and other online listings shall also be taken down immediately.“Insofar as the website www.oykaa.com is concerned, the website shall be placed under lock and suspension by the...

Confusion In Health & Wellness Products Must Be Avoided: Delhi High Court Grants Permanent Injunction In Favour Of Modicare’s “WELL” Marks

The Delhi High Court recently decreed a suit filed by Modicare Limited against 4 defendants for identically copying their product names and adopting deceptively similar trade dress.Modicare Ltd. is a part of India’s leading conglomerate K.K. Modi Group which includes ventures like 24Seven Convenience Stores. It manufactures, markets and sells various FMCG products, including food processing products, nutraceuticals and health care products.By way of the suit, Modicare had sought protection for a...

Delhi High Court Grants Protection To Indiamart's Trademark, Criticises Opponent For Misusing Its Promoters' Photos To Mislead Consumers

Justice C. Hari Shankar of the Delhi High Court recently granted a permanent injunction in favour of Plaintiff-INDIAMART, which had filed a suit seeking restraining of defendant No.1 from using its trademark (or any deceptively similar mark) as well as logos.The plaintiff pled that it was the holder of various valid and subsisting trademarks as well as domain names comprising “INDIAMART”. As such, defendant No.1’s adoption of “INDIAMART” was a clear case of infringement and passing off.It was...

Liv.52 Trademark Infringement: Delhi High Court Grants Permanent Injunction In Favour Of Himalaya Wellness Company

The Delhi High Court on Tuesday granted a permanent injunction in favor of Himalaya Wellness Company, while decreeing a suit against defendants’ adoption of its trademarks and trade dress.The plaintiffs had approached the court against defendants’ use of trade names “LIV.55 DS”, “LIVA 55” and “LIV. 999” for liver tonic similar to theirs, which was being marketed using a trade dress also deceptively similar to the plaintiffs’.The plaintiffs (who sell their products under umbrella brand...

Selling Counterfeit Goods Is As Much A Tort Of Infringement Or Passing Off As Manufacturing The Goods: Delhi High Court

The Delhi High Court recently decreed a suit in favour of New Balance Athletics Inc., holding that dealing in counterfeit goods was sufficient to constitute infringement/passing off.The suit had been filed by the plaintiff as proprietor of registered marks ‘NEW BALANCE’ and ‘NB’, under which it was selling footwear and readymade clothing in over 120 countries, including India.It alleged that the defendants were selling counterfeit readymade garments using ‘NEW BALANCE’ and ‘NB’ marks. To support...