TRADEMARK
Delhi High Court Restrains Rogue Websites From Using Well-Known GATI Mark For Packers, Movers Services
The Delhi High Court has restrained 36 operators of rogue websites and an unidentified person from offering packing, shifting, and relocation services under marks incorporating the well-known “GATI” or deceptively similar variants. The court also directed domain registrars, including GoDaddy, to lock and suspend the domains listed in the order within 36 hours of receiving a copy of the order. Justice Jyoti Singh was hearing an application filed by Allcargo Logistics Limited seeking an ex-parte...
Single Judge Could Not Have Relaxed Injunction Upheld By Division Bench In Dabur-Emami Case: Delhi High Court
The Delhi High Court has held that a single judge cannot relax an interim injunction restraining Dabur India Limited from selling its “Cool King Thanda Tel” under a trade dress found deceptively similar to Emami Limited's product after a Division Bench has already upheld the injunction in appeal.A division bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora held that Dabur's subsequent application seeking permission to dispose of its existing stock could not have been...
Delhi High Court Restrains Scott Edil From Selling 'Nexporin', 'Zetum' Over Similarity With GSK Marks
The Delhi High Court on 5 August restrained Scott Edil Pharmacia Limited and its affiliate from manufacturing, selling or advertising pharmaceutical products under the marks “Nexporin” and “Zetum”, holding them deceptively similar to GlaxoSmithKline Pharmaceuticals Limited's registered trademarks “Neosporin” and “Ceftum”. Justice Jyoti Singh passed the order while hearing an application filed by GlaxoSmithKline Pharmaceuticals Limited (GSK) seeking an ex-parte ad-interim injunction against...
Delhi High Court Restrains Mohali Restaurant From Using 'GOLA' Marks After Franchise Termination
The Delhi High Court on 5 August restrained GM Foods and another, operators of a restaurant in Mohali, from using the trademarks "GOLA," "GOLA SIZZLERS" and "GOLA RESTAURANTS" following termination of their franchise arrangement with Gola Sizzlers Private Limited over royalty defaults and alleged sales suppression. Allowing the application, a Bench of Justice Jyoti Singh observed that "prima facie without any right, title or authority and amounts to infringement under Section 29(2)(c) of the...
Bombay High Court Sets Aside Rejection Of Olympic Committee's 'Faster, Higher, Stronger-Together' Trademark
The Bombay High Court has set aside the Registrar of Trade Marks' rejection of the International Olympic Committee's application to register “Faster, Higher, Stronger-Together” and remanded the matter for fresh consideration by another officer.Justice Somasekhar Sundaresan was hearing a petition filed by the International Olympic Committee (Comite International Olympique), challenging the rejection of its application to register the phrase, which the committee adopted as a further improvisation...
Bombay High Court Restrains 'Bislie' Water Maker From Using Mark In Bisleri Trademark Suit
The Bombay High Court has temporarily restrained a Karnataka-based packaged drinking water manufacturer from using “Bislie”, finding the mark prima facie deceptively similar to Bisleri International's registered “Bisleri” trademark.Justice Madhav J. Jamdar was hearing an interim application filed by Bisleri International Private Limited against Belaguli Mahalingegowda Kirankumar, proprietor of Kalabyraveshwara Mineral Water Industry. The company sought an injunction against the manufacture,...
Bombay High Court Slaps ₹2.5 Lakh Costs On Mumbai Khadi Body For Breaching Order Barring Use Of 'Khadi' Mark
The Bombay High Court has held that the Mumbai Khadi & Village Industries Association (MKVIA) wilfully breached a 2022 injunction restraining it from manufacturing, selling, or advertising products under the “Khadi” mark and from using KVIC's Charkha logo or deceptively similar marks in the prohibited commercial context. Justice Somasekhar Sundaresan observed, “MKVIA went on to do exactly what it wanted to do regardless of Injunction Order.”The court, however, declined to attach MKVIA's...
Supreme Court Refuses To Stay Delhi HC Order Restraining Kent RO From Using KENT Mark For Fans
The Supreme Court on Friday refused to interfere with the Delhi High Court's interim order restraining Kent RO Systems from manufacturing and selling fans under the 'KENT' mark while permitting Kent Cables Pvt. Ltd. to continue using the mark for fans.The dispute arises from cross-suits between the parties over use of the 'KENT' mark for fans. The Delhi High Court had held that Kent Cables was the prior adopter of the mark for electrical goods and had prima facie established use of the mark for...
Kolkata Court Restrains TV19 From Using Marks Deceptively Similar To TV9
The Commercial Court at Rajarhat, Kolkata has restrained TV19 Network from using the marks "TV19", "TV19 Network" and "TV19 Network Bangla", holding that they are prima facie deceptively similar to the registered "TV9" marks of Associated Broadcasting Company Pvt Ltd (ABCPL). Finding that the overall branding gave rise to a prima facie apprehension of deception and confusion among viewers and consumers, Judge Ishani Chakravarty Banerjee observed, "The overall visual presentation, colour...
Delhi High Court Orders Restoration Of 'BLUE CHIP' Trademark, Holds Removal Without Notice Invalid
The Delhi High Court on 4 August directed the Trade Marks Registry to restore the trademark 'BLUE CHIP' belonging to Amrit Singh Mehta, trading as Mehta Cosmetics, after finding that the mark was removed from the Register without issuing the mandatory notice required under Section 25(3) of the Trade Marks Act, 1999. A Bench of Justice Jyoti Singh allowed Mehta's petition and held that the Registry's failure to issue the prescribed notice before removal of the mark violated the statutory...
Bombay High Court Pulls Up Masala Maker For Only Paying 'Lip Service' To Trademark Injunction
The Bombay High Court has ruled that cosmetic changes to a trademark cannot be used to sidestep an injunction. Observing that merely paying "lip service" to a court order would undermine its purpose, Justice Somasekhar Sundaresan ruled that Abaad Masala & Co.'s revised branding failed to maintain the required "safe distance" from Sky Enterprise Private Limited's registered marks. The court observed, "Interim orders can be rendered ineffective if there is lip service to the prohibitions...
Delhi High Court Temporarily Restrains Ahmedabad Project From Using 'ANANTARA' Mark In Minor Hotels Suit
The Delhi High Court on 3 August, restrained the Ahmedabad-based real estate project “Anantara Galleria” and its operators from using the mark “ANANTARA” in a trademark infringement suit filed by MHG IP Holding Singapore Pte Ltd, which is part of Minor Hotel Group. Justice Jyoti Singh granted an ex parte ad interim injunction against the defendants operating under the names “Anantara Galleria” and “Anantara” and using the domain name “www.anantara.life”, noting that the marks were similar to...