Delhi High Court Restrains Online Wholesaler From Infringing Trademark Of Agro-Chemical Company 'Dhanuka'

The Delhi High Court has granted an ex-parte ad-interim injunction, restraining an online wholesaler from infringing the trademark of agro-chemical company Dhanuka Agritech.Justice Tejas Karia observed that the alleged acts attributed to the Defendants are likely to cause confusion in the course of trade of the Plaintiffs, such that the consumers may associate the Infringing Products with the Plaintiff, leading to erosion of consumer trust and dilution of the goodwill and reputation of the...

Bombay High Court Grants Ad-Interim Relief To Reliance In 'JIO' Trademark Infringement Suit Against Cab Operators

The Bombay High Court on Tuesday granted an ad-interim injunction to Reliance Industries Limited, restraining the use of its registered 'JIO' trademark by parties offering taxi services under the domain name www.jiocabs.com.A bench of Justice Somasekhar Sundaresan observed that Reliance had made out a strong prima facie case and observed that continued use of a well-known brand could cause serious harm. It said "The continued usage of a well-known and protected brand name would indeed cause...

Madras High Court Restrains 'Bro Code' Manufacturers From Making Infringement Threats Against Actor Ravi Mohan's Upcoming Film

The Madras High Court has issued a temporary injunction in favour of actor Ravi Mohan's production company and has restrained the beverage manufacturing company Indobevs, which manufactures the drink 'Bro Code', from making threats of trademark infringement against the production company, producing a movie with the same title. Justice V Lakshminarayan, after noting that there was a prima facie case in favour of granting an interim injunction, ordered accordingly. The court has also...

Delhi High Court Closes Maggi's Trademark Infringement Suit After Utensils Manufacturer Undertakes To Stop Use Of 'Maggisun'

The Delhi High Court has closed a trademark infringement suit filed by Nestlé S.A., the parent company which manufactures “Maggi”, after it entered into a settlement with a company manufacturing utensils under the mark “Maggisun.”Justice Tejas Karia decreed the suit as the defendant, Shankeshwar Utensils & Appliances Private Limited, undertook that it will not manufacture or sale pressure cookers or any other goods under the trade mark “Maggisun” or any other trade mark identical to Nestle's...

Trade Secret Infringement Requires Existence Of Valid Secret Which Owner Took Reasonable Steps To Protect: Telangana High Court

The Telangana High Court Division Bench, comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar, observed that while hearing a Commercial Court Appeal (“CCA”), the existence of a trade secret is premised upon an assumption that the information sought to be protected is not readily accessible to others and has an independent economic value. This aspect of a trade secret gives the owners the right to protect the trade secret against others. Factual Matrix: The...

Delhi High Court Grants Ex-Parte Interim Injunction In Mankind Pharma's Suit, Restrains 'Dickind', 'Lonokind', 'Fenkind' & 'Chimokind' Marks

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Mankind Pharma, in relation to its 'Kind' family of marks.Justice Tejas Karia restrained the defendant entity from using, till the next date of hearing, marks like 'DICKIND', 'LONOKIND', 'FENKIND' and 'CHIMOKIND'.The bench observed that the identity in the impugned marks is so close to Mankind's trademarks that the two are “indistinguishable”.“This is a case of triple identity where the Marks are identical, the...

'Acnestar' Phonetically Similar To 'Acnescar': Delhi High Court Rules In Favour Of Mankind Pharma In Trademark Infringement Suit

The Delhi High Court has restrained Maharashtra-based Brinton Pharmaceuticals from using the mark ACNESCAR, or any other mark which is confusing or deceptively similar to Mankind Pharma's ACNESTAR.A division bench comprising Justices C. Hari Shankar and Om Prakash Shukla observed that ACNESCAR is phonetically nearly identical to ACNESTAR and unless the two words are pronounced syllable by syllable, they are indistinguishable. “A clear case of near phonetic identity, therefore, exists between the...

Delhi High Court Grants Interim Relief To Select City Walk, Restrains Real Estate Developer From Using 'Vardhman Citywalk' Mark

The Delhi High Court has granted interim relief to Select Citywalk Retail Private Limited and restrained a real estate developer from using “Vardhman Citywalk” mark.Justice Tejas Karia said that Select Citywalk Retail Private Limited has been using the Mark 'CITYWALK' continuously since 2004 with respect to commercial spaces, themed landscapes & outdoor zones, and other entertainment activities and also demonstrated the goodwill and reputation. The Court said that the use of the impugned...

Delhi High Court Restrains Rupa, Young Global & Professional Books From Selling 'Coat-Pocket' Constitution Edition 'Deceptively' Similar To EBC's

The Delhi High Court has restrained Rupa Publications, Professional Book Publishers and Young Global Publications from publishing or selling their 'coat pocket' edition of the Constitution of India bare act, in a trademark infringement suit filed by the Eastern Book Company (EBC).Justice Manmeet Pritam Singh Arora found the abovenamed publications' editions' trade dress to be deceptively similar to EBC's 'iconic' red and black style coat-pocket edition launched back in 2009."The defendant has...

Trademark Infringer's Objective Is Served By Diverting Customer's Initial Attention: Delhi HC Rules Against 'Hotelscom' In Suit By Hotels.com

Explaining the 'Initial Interest Confusion' test in the realm of trademark law, the Delhi High Court has issued a permanent injunction restraining 'HOTELCOM' from infringing the trademark of global hotel booking service provider Hotels.com.Justice Tejas Karia observed that the Test proceeds on the principle that confusion in the minds of consumers may arise even at the preliminary stage, prior to the actual purchase being completed. The bench observed that at the point of finalising the...

Use Of Another Company's Registered Trademark As Trade Name Amounts To Infringement: Delhi High Court

The Delhi High Court has made it clear that under Section 29(5) of the Trade Marks Act, the use of a registered Trade Mark as a Trade Name itself amounts to infringement of the registered Trade Mark.Justice Tejas Karia thus granted interim injunction in favour of global integrated security company 'G4S' and restrained '4GS', also engaged in providing security services and registered with Ministry of Corporate Affairs and the Registrar of Companies, from using the said mark.4GS had contended that...

Delhi High Court Grants Relief To 'Crocs', Cancels Registration Of Deceptively Similar "Croose" Trademark

Granting relief to multinational footwear manufacturer Crocs, the Delhi High Court has ordered cancellation of trademark registration granted to mark 'CROOSE' in Class 25 which includes footwear for human use.Justice Tejas Karia found the CROOSE mark to be “deceptively similar” to the US-based footwear brand's Crocs.The bench observed, “the placement of the Impugned Mark is identical to that of the Plaintiff's Mark. Additionally, the overall visual appearance of the Impugned Mark is similar to...