TRADEMARK
Delhi High Court Restrains Antex Pharma From Using Similar Marks To Nava Healthcare's HAIRFUL, UDIVIN
The Delhi High Court on 24 July restrained Antex Pharma Pvt Ltd from manufacturing or selling pharmaceutical products under marks and trade dress allegedly similar to Nava Healthcare's registered brands HAIRFUL and UDIVIN, after finding a prima facie case of trademark infringement and passing off. Justice Jyoti Singh passed the order, holding that “prima facie, Defendants are infringing the registered trademarks of the Plaintiff.” Nava Healthcare, incorporated in 2006, informed the Court that...
Delhi High Court Issues Notice On Times Now Suit Against Network18, Sushant Sinha Over 'Desh Ki Paatshala'
The Delhi High Court on Friday issued notice on a suit filed by Bennett Coleman and Company Limited, which runs the Times Now Navbharat news channel, against Network18 Media and Investments Limited and journalist Sushant Sinha, alleging copyright and trademark infringement over the show 'Desh Ki Paatshala.'Justice Anup Jairam Bhambhani declined to pass an ad-interim injunction at this stage. Observing that the defendants had entered an appearance on caveat, the court said they were entitled to...
Delhi High Court Restrains Gujarati Newspaper From Using 'Saurashtra Aaj Tak' In TV Today's Suit
The Delhi High Court has recently restrained a Gujarati newspaper from using the name 'Saurashtra Aaj Tak', holding that TV Today Network, which operates the news channel 'Aaj Tak,' is the prior user of the mark.Justice Mini Pushkarna set aside a 2012 trial court judgment that had allowed the Rajkot-based newspaper to continue using the name 'Saurashtra Aaj Tak', provided it carried a disclaimer stating it had no connection with TV Today Network's 'Aaj Tak' channel. Instead, the court granted...
Madras High Court Restrains Edible Oil Firm, Holds 'CYCLE' Mark Has Reputation Beyond Agarbattis
The Madras High Court has recently restrained an Erode-based edible oil manufacturer from using the trademark "CYCLE", holding that N. Ranga Rao & Sons, the maker of Cycle brand agarbathies, had established that the mark enjoys a reputation beyond incense sticks and is entitled to protection even against use on dissimilar goods.A Division Bench of Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi partly allowed an appeal filed by N. Ranga Rao & Sons Private Ltd., setting...
Delhi High Court Restrains Use Of PHENSERYL Mark In Opella Healthcare's Trademark Suit
The Delhi High Court has restrained a pharmaceutical company from selling a syrup under the mark PHENSERYL, holding that its name and packaging were deceptively similar to another company's long-registered PHENSEDYL trademark and were likely to confuse consumers.Justice Jyoti Singh observed that the rival marks and packaging were deceptively similar, noting: "The rival marks are visually and phonetically similar; dark blue colour in the trade dress/packaging and white font to depict the names...
Letters Patent Appeal Not Maintainable Against Single Judge's Order Under Trade Marks Act: Gujarat High Court
The Gujarat High Court has ecently held that a Letters Patent Appeal (LPA), an intra-court appeal before a Division Bench, is not maintainable against a Single Judge's decision in a statutory appeal under Section 91 of the Trade Marks Act, 1999.Holding so, the Division Bench of Chief Justice Sunita Agarwal and Justice D.N. Ray said such appeals are barred by Section 100A of the Code of Civil Procedure (CPC), read with Clause 15 of the Letters Patent. The bench also held that Parliament's...
Bombay High Court Rejects EYETEX DIVYA Owner's Plea Against DIVYAM Trademark
The Bombay High court has dismissed a plea by Aravind Laboratories to cancel the registration of a device mark using the word "DIVYAM". It held that the company cannot claim exclusive rights over the word "DIVYA" merely because it forms part of its registered mark "EYETEX DIVYA".Justice Somasekhar Sundaresan observed that the distinctiveness of the company's registered marks comes from the "EYETEX" prefix and not the standalone word "DIVYA.""It is evident that the dominant feature of the...
Delhi High Court Restrains Unknown Entities From Impersonating Aditya Birla Sun Life AMC, Officials
The court also ordered WhatsApp to remove the fraudulent groups and suspend the identified profiles within 36 hours of receiving the order.
Trade Marks Registry Cannot Remove Trademark Without Mandatory Notice: Kerala High Court
The Kerala High Court has held that the Trade Marks Registry cannot remove a registered trademark from the register without first complying with the mandatory notice requirement under Section 25(3) of the Trade Marks Act, 1999. Justice Shoba Annamma Eapen observed that the Registry was required to issue mandatory notice before removing the mark and held, "In the absence of compliance with the mandatory requirement of issuance of such notice under Section 25(3) of the Act, 1999, the respondents...
Delhi High Court Temporarily Restrains Uttarakhand University From Using 'Maharaja Agrasen' Name In Trademark Dispute
The Delhi High Court has restrained Maharaja Agrasen Himalayan Garhwal University, Uttarakhand, from using the name "Maharaja Agrasen" in any manner till the next date of hearing, holding that its adoption of the name was mala fide and dishonest.Justice Jyoti Singh passed the interim order in a suit filed by Maharaja Agrasen Technical Educational Society (Regd.), which runs several institutions under the "Maharaja Agrasen" family of marks.The plaintiff submitted that it is a charitable society...
Delhi High Court Temporarily Restrains Ahmedabad Firm From Using VOLVO Trademark For Elevator Parts
The Delhi High Court has granted an ex parte ad-interim injunction restraining Ahmedabad-based elevator components manufacturer Shree Vishwakarma Engineering Works from using the mark "VOLVO" or any deceptively similar mark in relation to elevator components. Justice Jyoti Singh passed the order on July 22 in a trademark infringement suit filed by Swedish automotive company Aktiebolaget Volvo and its group companies. The Volvo group said it adopted the trademark and trade name "VOLVO" on...
Delhi High Court Dismisses Parle's Appeal Against Rival Biscuit Maker's '20-20' Trademark Registration
The Delhi High Court on Tuesday dismissed Parle Products Pvt. Ltd.'s challenge to the registration of the trademark "20-20" in favour of a rival biscuit manufacturer. It held that, in the present registration dispute, Parle's subsequent commercial use of the mark could not defeat the rival company's earlier trademark application.A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora observed that the rival company's non-use of the mark for several years was...