'Skincare Buyers Focus On Formulation, Not Packaging': Delhi High Court Denies Interim Injunction To Derma Co Against Dermatouch

The Delhi High Court has declined an interim injunction restraining skincare brand Dermatouch in a suit for alleged infringement of copyright, trade dress and packaging filed by The Derma Co.Justice Tejas Karia reasoned that the products offered by the two are distinct and since a skincare consumer's decision to purchase is guided primarily by the formulation and claimed efficacy of the product, it is unlikely that similarity in trade dresses alone would mislead an average purchaser.The bench...

Delhi High Court Declines Interim Injunction To 'WOW MOMO' In Trademark Infringement Suit Against 'WOW BURGER'

The Delhi High Court has refused to grant interim injunction in favour of “WOW MOMO”, an Indian quick-service restaurant chain, in its trademark infringement suit filed against a Hong Kong-based company “WOW BURGER.”Justice Manmeet Pritam Singh Arora said that Wow Momo was trying to appropriate or monopolise the use of the dictionary word 'WOW', which cannot be allowed, considering the common nature of the word.“Therefore, in the overall conspectus, the Plaintiff has not been able to make out a...

Delhi High Court Grants Ex-Parte Interim Injunction Protecting Designer Arjan Dugal's Clothing Label From Infringement

The Delhi High Court has granted interim relief to a city-based clothing label run by designer Arjan Dugal, in his suit filed against a former employee over alleged infringement of his trade dress, original artistic work.Justice Tejas Karia issued summons on the main suit and meanwhile, restrained the defendant— operating under the brand name 'So.Man', from dealing in any garment or product whose embroidery, silhouettes, accents, linings, colour scheme, and overall look and feel is identical or...

Delhi High Court Restrains “Vivoline” In Trademark Infringement Suit By US-Based Automobile Lubricant Manufacturer 'Valvoline'

The Delhi High Court has granted a permanent injunction in favour of US-based automotive lubricant manufacturer Valvoline in its trademark infringement suit against an Indian company selling similar products under the trade name 'VIVOLINE'.Justice Manmeet Pritam Singh Arora observed,“The Defendants have replicated the trade dress and overall representations of Plaintiffs' goods in respect of identical goods, and the Defendants' impugned marks are deceptively, visually, and phonetically similar...

Delhi High Court Blocks Fraudulent Websites Collecting Money Under 'Burger King' Trademark

The Delhi High Court has observed that the illegal use of “Burger King” trademark or collecting money under the name of the American multinational fast food restaurant chain is not permitted. Justice Prathiba M Singh ordered suspension of three domain names, two email addresses and directed blocking of three websites engaged in committing fraud by collecting money using Burger King's name and mark. The Court was dealing with a suit filed by Burger King in 2022 against various unknown Defendants...

Delhi High Court Rules In Favour Of Haveli Restaurants, Asks 'Punjabi Haveli' To Remove Ads From Third Party Websites

Ruling in favour of famous Haveli Restaurant and Resorts, the Delhi High Court has recently asked a Ludhiana based company running under the name “Punjabi Haveli” to refrain from using “Haveli” marks and to remove its advertisements or listings from third party websites. Justice Manmeet Pritam Singh Arora directed Punjabi Haveli to remove its board or hoarding or display material under the impugned mark and further to immediately remove or delete its social media accounts.The Court passed ex...

Use Of Full Name Not Mandatory To Avail Protection U/S 35 Trademarks Act: Delhi High Court

The Delhi High Court has held that the benefit of Section 35 of the Trade Marks Act 1999, which proscribes any injunction being granted against the use by the defendants of his/ her name as a trademark, is not restricted to use of full name by the defendant.“Section 35 places no such limitation,” observed a division bench of Justices C. Hari Shankar and Om Prakash Shukla.The Court was dealing with an appeal preferred by Vasundhra Jewellers Pvt. Ltd. seeking injunction against Vasundhara Fashion...

Delhi High Court Grants John Doe Order Awarding Dynamic Interim Injunction Protecting Tata Pay Trademark

The Delhi High Court has granted an ex-parte ad-interim dynamic injunction, protecting the trademark of Tata Group's payment solutions platform Tata Pay.Justice Tejas Karia restrained unknown entities from infringing the group's 'TATA' and 'TATA PAYMENTS' marks.Tata contended that Tata Digital Private Limited serves as its financial services arm, engaged in providing a wide range of payment solutions through a RBI Payment Aggregator license.It claimed that in the first week of July 2025, it came...

Trademark | Territorial Jurisdiction Can't Be Created On Basis Of Website Which Doesn't Permit Sale Of Allegedly Infringing Product: Delhi HC

The Delhi High Court has made it clear that mere access of a “passive” website, offering for sale products allegedly infringing the trademark of a registered proprietor, is not sufficient to confer territorial jurisdiction on it.Justice Amit Bansal ruled that in the absence of proof of sale in Delhi or commercial transaction executed through the said website, it cannot assume jurisdiction on products/ parties based out of Uttar Pradesh. It observed,“It is evident that the website of the...

Delhi High Court Grants Interim Relief To Hero Motocorp In Trademark Infringement Suit Against 'Destiny' Electric Scooters

The Delhi High Court has restrained electric-two wheeler manufacturers Urban E-Bike and Galaxy EV from using the trademark 'DESTINY' for their products, in a trademark infringement suit filed by bike manufacturer Hero Motocorp.Justice Tejas Karia further restrained the defendants from using 'DESTINY+' and 'DESTINY PRO' marks in relation to their two wheelers.Hero Motocorp, claiming to be the prior user and registered proprietor of the Marks 'DESTINY', 'DESTINI' and 'DESTINI PRIME', has...

Calcutta High Court Grants Plea For Injunction By Moondust Paper Ltd In Suit Against Infringement Of 'Captain Gogo' Trademark

The Calcutta High Court has granted an order of injunction to Moondust Paper Private Limited, the owners of the trademark 'Captain Gogo' in a suit for infringement of the trademark by various entities.In granting the prayers for injunction, Justice Ravi Kishan Kapur held:"It is evident that the impugned products fall in the same category as of the petitioners and are also being sold through the same trade channels. In selling the impugned products, the respondents are acting in a fraudulent and...

Delay Is No Defence Against Action For Infringement & Passing Off Where Adoption Of Trademark Is Dishonest: Delhi High Court

The Delhi High Court has made it clear that delay by a registered trademark holder in prosecuting alleged infringement is not a defence available to the Defendant, where it is evident that Defendant's use of impugned trademark was dishonest/ fraudulent.Justice Amit Bansal observed, “Delay cannot be a defence in an action for infringement and passing off in a case where the defendant's adoption of the mark itself is dishonest.”The remarks were made while granting relief to Reckitt Benckiser India...