Centre's Order To Change Similar Company Name Can't Be Invalid Because It Was Triggered By Complaint: Delhi High Court

The Delhi High Court has upheld an order directing a DNA testing company to change its name, holding that the Central Government's power to rectify similar company names under the Companies Act is not rendered invalid merely because its opinion was triggered by an application from another company. "The order being passed under Section 16(1)(a) of the Act, even though triggered by an application, cannot be considered to be invalid or without jurisdiction, for the simple reason that it was...

Delhi High Court Upholds Injunction Against 'DYNAFRESH' In Trademark Dispute With Anchor's 'DYNA'

The Delhi High Court has dismissed an appeal filed by Jagdish Dahyalal Patel against an ex-parte ad-interim injunction restraining him from using the trademark 'DYNAFRESH' for air fresheners.Relying on the Registrar of Trade Marks' unchallenged finding that 'DYNAFRESH' was deceptively similar to Anchor Consumer Products Private Limited's registered trademark 'DYNA', the court held that Patel's adoption of the mark was not bona fide.A Division Bench of Justice V. Kameswar Rao and Justice Manmeet...

Delhi High Court Restrains 14 More Websites From Using 'BETWAY' Trademark

The Delhi High Court has recently restrained 14 more websites from using the trademark "BETWAY" or any deceptively similar mark in a trademark infringement suit filed by Merryvale Limited, the proprietor of the registered BETWAY trademark.BETWAY is an online sports betting and gaming brand owned by Merryvale Limited.The latest order extends interim protection granted earlier against similar allegedly infringing websites. Justice Jyoti Singh held that Merryvale had established a prima facie case...

Delhi High Court Restrains Delhi Restaurant From Using 'LAMA KITCHEN' Mark

The Delhi High Court has temporarily restrained a Delhi-based restaurant from using the trademark "LAMA KITCHEN" or any deceptively similar mark after holding that the registered proprietors had made out a prima facie case of trademark infringement and passing off.Justice Jyoti Singh observed that the balance of convenience lay in favour of the Himachal Pradesh-based proprietors of the registered "LAMA KITCHEN" marks. The court held that they were likely to suffer irreparable harm if the...

Bombay High Court Dismisses 'SUNDAY' Trademark Renewal Plea, Finds Notice Properly Dispatched

The Bombay High Court has dismissed a writ petition seeking renewal of the trademark "SUNDAY". It held that the Trade Marks Registry had discharged its obligation to issue a renewal notice before the registration expired by proving that it had been properly dispatched.A division bench of Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad held that once the Registry proved proper dispatch of the notice to the address for service, the statutory presumption of service came into...

Bombay High Court Temporarily Restrains Niravi From Using 'SAPAT' Trademark For Tea

The Bombay High Court has restrained Niravi Consumer LLP and its associated entities from using the trademark "SAPAT" in relation to tea, holding that they failed to establish any independent right to use the mark for tea.Justice Sharmila U. Deshmukh held that Niravi's continued use of "SAPAT" signages while selling "NIRAVI" tea was likely to cause confusion and infringed SAPAT International Private Limited's registered trademark."the consumers would enter the shops being drawn by the signages...

Kerala High Court Orders Registrar To Decide Trademark Applications Pending For Over A Decade In Three Months

The Kerala High Court has directed the Registrar of Trademarks to consider and pass orders on two trademark registration applications that have remained pending since 2012 and 2014, directing that a decision be taken within three months. Justice Bechu Kurian Thomas observed that the applications filed by Nisar Ali Pari, proprietor of Bella Bathware, had remained undisposed of despite the passage of more than a decade. "Despite the lapse of more than a decade, the applications have not been...

Uniqueness' Not A Statutory Test For Refusing Trademark Registration: Delhi High Court

The Delhi High Court has recently set aside an order refusing registration of the trademark 'OFFER' for alcoholic beverages. It held that the Registrar of Trade Marks rejected the application by applying the non-statutory test of "uniqueness" instead of examining whether the mark was distinctive in relation to the goods for which registration was sought.Justice Jyoti Singh was hearing an appeal filed by ADS Spirits, which had applied to register the mark OFFER in Class 33 for "alcoholic...

Delhi High Court Temporarily Restrains NBFC From Using 'Zepto' And 'Zepto Finance' Marks

The Delhi High Court has temporarily restrained an NBFC, Naman Finlease, and its directors from using the marks 'Zepto' and 'Zepto Finance' for their lending business. Justice Jyoti Singh passed the ad-interim order in a trademark infringement suit filed by quick-commerce platform Zepto, represented by Senior Advocate Swati Sukumar. Zepto submitted that it is the registered proprietor of the word mark and device mark ZEPTO, a coined term with no descriptive meaning or connection to any...

Delhi High Court Restrains Havai Home Products From Using 'HAVAI' Mark in Havells Passing Off Suit

The Delhi High Court has restrained Havai Home Products Pvt. Ltd. and the proprietor of Advance Coolers from selling, marketing, advertising, or offering for sale electrical goods under the marks 'HAVAI' and its device forms. The court held that the marks are deceptively similar to Havells' registered trademarks. Justice Jyoti Singh granted the interim injunction in a suit filed by Havells India Limited. The Court found that Havells had made out a prima facie case of passing off. Havells, an...

Anchor Agrees Before Calcutta High Court To Drop 'First and Only' Toothpaste Claims In 18-Year Dispute With HUL

Hindustan Unilever Limited (HUL) and Anchor Health and Beauty Care Private Ltd. have settled their 18-year-old commercial disparagement dispute, with Anchor agreeing not to advertise its toothpaste as the "first and only (Sirf)" toothpaste containing Triclosan, Fluoride, and Calcium or as India's "First All-Round Protection Toothpaste." The Calcutta High Court accepted the Terms of Settlement and decreed the suit accordingly.Justice Ananya Bandyopadhyay accepted the Terms of Settlement filed...

Delhi High Court Temporarily Restrains MDL Herbal From Using “HAJMOLA” Mark In Dispute With Dabur

The Delhi High Court on 8 July granted an ex-parte ad-interim injunction in favour of Dabur India Limited and restrained the proprietor of MDL Herbal Dhanvanatri Ayurvedic Mahamritunjay from using the mark “HAJMOLA” or any deceptively similar mark. Justice Anup Jairam Bhambhani held that Dabur had established a prima facie case of trademark infringement and passing off. He observed:“In the opinion of this court, the plaintiff has made-out a prima facie case in its favour and against the...