Delhi High Court Vacates Interim Injunction Against Use Of 'Rathi' Mark By ‘Permitted Users', Imposes Rs 5 Lakh Cost On Plaintiff

The Delhi High Court has vacated the interim injunction against the use of the mark ‘RATHI’ by entities who were granted licenses by the Rathi Research Centre (RRC), in a trademark suit filed by businessman Dhananjay Rathi for permanent injunction against the infringement of the trademark.Justice Amit Bansal said that the licensees were permitted users and thus, they cannot be said to be infringing the mark ‘RATHI’ by using the same in respect of their goods. Noting that RRC was the registered...

Delhi High Court Orders Permanent Injunction Against Use Of 'Miss India' Mark by Planet Media Group In Case Filed By Times Group

The Delhi High Court has restrained the use of “Miss India” by Planet Media Group in relation to the beauty pageants organized and promoted by it under the mark “MISS INDIA WORLD” and “TAJ MISS INDIA/MISS INDIA TAJ”.The bench of Justice Sanjeev Narula remarked that Planet Media had been dishonestly using “MISS INDIA”- the registered mark of Bennett, Coleman and Company, in the title of the beauty pageants organized by the former, including on its websites and social media accounts.The court said...

Delhi High Court Permanently Restrains Hospitality Company From Using ‘Vivanta’ Trademark, Imposes ₹6 Lakh Costs

The Delhi High Court has permanently restrained a hospitality company from using “Vivanta” mark in a trademark infringement suit filed by Indian Hotels Company Limited, a part of TATA Group of Companies and registered proprietor of “Vivanta” trademark.Justice Amit Bansal imposed costs of Rs. 6 lakhs on Vivanta Hospitality Private Limited and held that the company used the trademark “Vivanta” in its trade name “Vivanta Vacation Club” which was identical to the mark of the hotels run by the Tata...

Delhi High Court Restrains Villeroy & Boch From Using ‘Artis’ Mark In Trademark Infringement Suit By Jaquar

The Delhi High Court has temporarily restrained a German-based company Villeroy & Boch from manufacturing sanitaryware and other bathroom fitting products under ‘Artis’ mark after Jaquar filed a suit alleging infringement of its trademark ‘Artize’. Justice Sanjeev Narula observed that not granting interim injunction would gravely prejudice Jaquar and general public, who could be misled into purchasing the products assuming there is an association between the two companies, where none exists....

Delhi High Court Restrains MP-Based Liquor Manufacturer From Using Hindi Transliteration Of Mirinda Mark

The Delhi High Court has restrained a country-made liquor manufacturer from using the Mirinda mark, including its Hindi transliteration, while passing an interim injunction in favour of PepsiCo in a suit filed by the latter seeking permanent injunction against the infringement.Justice Jyoti Singh rendered a prima facie finding that the adoption of the mark by Jagpin Breweries was dishonest.While holding that Mirinda has a repute of the threshold required under Section 29(4) of the Trade Marks...

Bombay High Court Directs Meta Platforms To Remove Video Prima Facie Infringing Patanjali's "Mahakosh" Trademark

The Bombay High Court last week temporarily restrained Meta Platforms and Ashok Kumar (unknown persons) from circulating a video regarding Patanjali’s Mahakosh Refined Soyabean Oil on Meta's online platforms Facebook and WhatsApp during the pendency of Patanjali's trademark infringement suit.Justice Manish Pitale held that Patanjali made out a strong prima facie case that the video circulating on Facebook and WhatsApp infringed its registered trademarks and directed Meta to remove the URLs...

Mere Prefix Or Logo Not Sufficient Distinguisher: Delhi High Court Restrains 'Monsoon Harvest' In Trademark Suit By 'Monsoon Harvest Farms'

The Delhi High Court has restrained a Tamil Nadu based manufacturer from using “Monsoon Harvest” mark till the pendency of a trademark infringement suit filed by owner of “Monsoon Harvest Farms”.Justice Navin Chawla observed that the plaintiff, Preetendra Singh Aulakh, is the registered proprietor of the mark “Monsoon Harvest Farms” and also its prior user, and that the defendant's product is deceptively and confusingly similar.“The mark of the plaintiff and the defendant prima facie appear to...

Co-Operative Banks Are Also Registered Co-Operative Societies: ITAT Allows Section 80P(2)(d) Deduction

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the income tax deduction under Section 80P(2)(d) of the Income Tax Act on the grounds that cooperative banks are also registered cooperative societies.The bench of Suchitra Kamble (Judicial Member) has observed that the provision of Section 80P(2)(d) does not make any distinction in regard to the source of the investment because this Section envisages deduction in respect of any income derived by the co-operative society...

Delhi High Court Refuses To Cancel ‘Burger King’ Trademark, Stays Operation Of Registered Mark ‘Burger King Family Restaurant’

Refusing to cancel the mark “Burger King” registered in favour of multi-national fast food chain Burger King, the Delhi High Court has stayed the operation of a registered trademark “Burger King Family Restaurant” observing that it is likely to create confusion in market.Justice Amit Bansal stayed the operation of the mark registered in favour of a restaurant till final adjudication of the rectification petition moved by Burger King. Passing another order, the court dismissed various...

Deceptively Similar To Mankind's Mark: Delhi High Court Directs Removal Of ‘Nikind’ Mark From Trademarks Register

The Delhi High Court has directed removal of a registered “Nikind” mark from the register of trademarks observing that it was identical and deceptively similar to “Nimekind” mark owned by Indian pharmaceutical and healthcare products company Mankind Pharma Limited.Justice Amit Bansal observed that the adoption and use of the trademark “Nikind” by a trading entity is very similar to the trademark “Nimekind” and is likely to create confusion in the market. “Not only is the trademark of...

Delhi High Court Imposes Over ₹9.5 Lakh Cost On Three Manufacturers For ‘Blatantly’ Infringing Louis Vuitton Trademarks

The Delhi High Court has imposed costs of over Rs. 9.5 lakhs on three individuals for blatantly infringing the trademarks of Louis Vuitton and failing to appear before the court in the trademark infringement suit filed by the French luxury company.Justice Amit Bansal said that this is a fit case for award of actual costs to Louis Vuitton and awarded Rs.9,59,413 as costs to be paid by the individuals.“Costs of Rs.3,00,000/- shall be paid by the defendants no. 1 and 2 and costs of...

Lulu Mall v. Coolulu Sports Trademark Dispute: Karnataka High Court Directs Centre To Pass Reasoned Orders U/S 16 Companies Act

The Karnataka High Court has directed the Regional Director, Ministry of Corporate Affairs to consider afresh whether the word “lulu” in the title of Coolulu Sports Private Limited company is identical to Lulu International Shopping Malls Private Limited a well known trademark. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Coolulu Sports Private Limited and set aside the order passed by Regional Director, Ministry of Corporate Affairs, date 30-03-2022,...