Even Brief Or Momentary Confusion In Mind Of Consumer Sufficient To Establish Trademark Infringement: Delhi High Court

The Delhi High Court has held that even a momentary confusion between two competing trademarks in the mind of a consumer is sufficient to constitute trademark infringement.A division bench of Justices Vibhu Bakhru and Sachin Datta thus granted interim relief to US based casual and sports apparel brand Under Armour in its appeal against an Indian company manufacturing clothes and footwear under the trademark 'AERO ARMOUR'.A single-judge bench had earlier denied relief to Under Armour by applying...

Common Names Like 'NEHA' Can Constitute Protected Trademark If It Acquires Inherent Distinctiveness Or Secondary Meaning: Delhi High Court

The Delhi High Court has made it clear that common Indian forenames like “NEHA” can constitute protected trademark, provided it acquires an 'inherent distinctiveness' by establishing a secondary meaning in trade.Justice Sanjeev Narula observed that marks comprising everyday/ common names or generic expressions do not, by themselves, command the highest level of legal protection. The bench relied on People Interactive (India) Private Limited v. Vivek Pahwa (2016) where the Bombay High Court held...

Delhi High Court Issues Summons To 'Nashville Fried Chicken' In KFC's Trademark Infringement Lawsuit

The Delhi High Court has issued summons in the trademark infringement suit filed by global fast-food restaurant chain Kentucky Fried Chicken (KFC) against “Nashville Fried Chicken” (NFC).Justice Amit Bansal issued summons to Massive Restaurants Private Limited, the entity which operates NFC and sought its written statement within 30 days. KFC has filed the suit alleging that the name Nashville Fried Chicken is deceptively similar to its brand name and can cause public confusion. The Court also...

Rights Of Prior User Prevail Over Registered Trademark Holder: Delhi HC Grants Interim Relief To German Society's Institutes In India

Reaffirming the principle that rights of prior user are superior to that of a proprietor holding a registered trademark, the Delhi High Court granted interim injunction in favour of Goethe-Institut, a German society which runs six educational institutes in India in the name of 'Max Mueller Bhavan', offering German language courses.Justice Mini Pushkarna restrained the use of 'Max Mueller Institute' by the defendants offering identical services, imparting German language education.The bench...

Amazon Moves Delhi High Court Against Ruling To Pay ₹339.25 Crore To 'Beverly Hills Polo Club' Over Trademark Infringement

Amazon Technologies Inc has moved the Delhi High Court against a single judge ruling asking it to pay Rs. 339.25 crore damages and costs for trademark infringement of the luxury lifestyle brand, Beverly Hills Polo Club.A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul reserved order on Amazon's plea for stay on the ruling, after hearing both the sides in detail. The main appeal has been listed for hearing on October 09. About Single Judge OrderRemarking that Amazon's...

Champak Magazine Moves Delhi High Court Alleging Trademark Infringement By BCCI Over Naming IPL Robot Dog 'Champak'

Champak Magazine on Wednesday filed a trademark infringement suit before the Delhi High Court against Board of Control for Cricket in India (BCCI) over naming of Indian Premier League's (IPL) AI robot dog as “Champak.”Justice Saurabh Banerjee issued notice on the interim injunction application filed by the comic magazine and granted four weeks' time for filing of written responses. Recently, the IPL witnesses the debut of a robotic dog camera which has been introduced by global broadcast...

Influencers' Video Criticizing Product Based On Lab Results Prime Facie Not Defamatory Against Brand: Delhi High Court

The Delhi High Court has refused to grant a temporary injunction in favour of San Nutrition Private Limited in its plea against alleged defamation, disparagement and trademark infringement by four social media influencers who made videos featuring San Nutrition's 'Doctor's Choice' products.San Nutrition Private Limited (plaintiff) sought action against content creators Arpit Mangal, Kabir Grover, Manish Keshwani and Avijit Roy (defendants no. 1 to 4) over YouTube videos reviewing its Doctor's...

Delhi HC Grants Temporary Injunction To Famous Logistics Company Agarwal Packers & Movers Against Trademark Infringement By Fake Website

The Delhi High Court has issued a temporary injunction in favour of the logistics company, Agarwal Packers and Movers Ltd, against trademark infringement by a business offering goods packaging and transportation services.Agarwal Packers and Movers Ltd (plaintiff) sought a permanent injunction against the fraudulent website 'aggarwalmoverspackers.in' using its name for providing similar services. Agarwal Packers submitted that it is engaged in the business of providing services of packers,...

Royal Challengers Bengaluru Sues Uber Over 'Disparaging' Ad Featuring Travis Head, Delhi HC Reserves Order On Interim Injunction Plea

IPL team Royal Challengers Bengaluru (RCB) on Thursday filed a suit against Uber Moto before the Delhi High Court over allegedly disparaging YouTube advertisement featuring Sunrisers Hyderabad's cricketer Travis Head.Justice Saurabh Banerjee reserved judgment on RCB's plea seeking interim injunction, after hearing both the sides at length.”I am reserving order. I will pass the order and will dispose of the application,” the Court said.The suit has been filed by Royal Challengers Sports Private...

Delhi High Court Permanently Restrains Footwear Seller From Using Harley Davidson's 'Eagle Logo', Imposes ₹5L Costs

The Delhi High Court has granted a permanent injunction in favour of the American company, Harley-Davidson LLC, against trademark and copyright infringement by a seller of footwear using the 'Eagle' logo similar to that of Harley-Davidson.The motorcycle manufacturer, Harley-Davidson LLC (plaintiff) also manufactures a wide range of products including shoes, apparel and accessories. It uses various logos including the Eagle logo/device mark logo to market its products.Harley-Davidson stated that...

Bombay High Court Passes John Doe Order Against Sale Of Counterfeit & Contraband 'Closeup', 'Pepsodent' Goods

The Bombay High Court has granted ex-parte ad-interim in favour of Hindustan Unilever, against infringement of its trademark and copyrights in its 'Closeup' and 'Pepsodent' toothpastes, by unknown persons selling counterfeit products.Hindustan Unilever, which manufactures various home and personal care products, alleged that unknown defendants were selling counterfeit and contraband products bearing its trademarks 'Closeup', 'Pepsodent' 'HUL', 'Hindustan Unilever' and 'U-Logo', Hindustan...

Delhi High Court Permanently Restrains Fake Websites From Infringing Trademark Of Tata Group's Ginger Hotels, Imposes ₹20L Costs

The Delhi High Court has granted a permanent injunction in favour of the Tata Group's Indian Hotels Company Limited, which owns the Ginger chain of hotels, against trademark and copyright infringement by fake websites.Noting that the fraudulent websites are bound to deceive a large number of customers into believing that they are associated with Ginger hotels, Justice Mini Pushkarna observed “…it is manifest that the actions of the defendant nos. 1, 8, 9 and 10 in adopting and using the...