Bombay High Court Cancels C21 Trademarks Registered by Century 21 Town Planners, Cites Dishonest Adoption

The Bombay High Court has allowed rectification petitions filed by Century 21 Real Estate LLC and ordered cancellation of four trademark registrations for the mark “C21” obtained by Century 21 Town Planners Pvt Ltd, holding that the respondent's adoption of the mark was dishonest and intended to ride on the petitioner's goodwill.“The contention that the marks are dissimilar needs only to be stated to be rejected. This contention once again brings to the fore the dishonesty and inconsistency in...

Reverse Passing Off Foreign To Indian Trademark Jurisprudence, Not Enforceable: Delhi High Court

The Delhi High Court on Monday ruled that the tort of “reverse passing off” is foreign to Indian trademark jurisprudence and does not create an enforceable cause of action under the Trade Marks Act. The court dismissed appeals filed by Western Digital and Seagate against refurbishers who remove original brand labels from used hard disk drives and sell them under new brands. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla held that Indian trademark jurisprudence...

Sale Of Used HDDs With Disclosure Does Not Amount to Trademark Infringement: Delhi High Court

The Delhi High Court on 9 March, dismissed appeals by Western Digital and Seagate against the sale of refurbished hard disk drives (HDDs), upholding the Single Judge's order permitting such sales.A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla, held that refurbishers selling end-of-life HDDs do not commit trademark infringement or “reverse passing off,” provided they comply with strict disclosure requirements. The Bench noted: “Inasmuch as import of goods bearing a...

Companies Too Can Claim 'Own Name' Defence Against Trademark Infringement: Bombay High Court

The Bombay High Court has held that the defence available under Section 35 of the Trade Marks Act, 1999, which protects the bona fide use of one's own name, is not confined only to natural persons and can also be invoked by a corporate entity where the name used reflects the surname of its promoters. A division bench of Justices Bharati Dangre and R. N. Laddha made the observation while allowing an appeal filed by Kataria Insurance Brokers Pvt. Ltd. against an interim injunction granted in...

Hinglish Word Blend Not Inherently Distinctive: Bombay High Court Refuses Injunction Against Tata Play's Astro Duniya Mark

Observing that the blending of Hindi and English is common in India's linguistic landscape, the Bombay High Court has held that a combination of a clipped English word with a Hindi word does not, prima facie, make a trademark inherently distinctive. “The combination of the clipped version of the English word with the Hindi word prima facie does not make it inherently distinctive in our country where there is tendency of blending Hindi and English and spoken as such,” Justice Sharmila U....

Bombay High Court Sets Aside Interim 'ELDER' Trademark Injunction Granted To Elder Projects Against Elder Nutraceuticals

The Bombay High Court on Monday vacated an ex-parte ad-interim injunction granted to Elder Projects Ltd in a trademark infringement suit against its group company, Elder Nutraceuticals Pvt. Ltd., holding that the plaintiff had suppressed material facts while seeking injunction without notice to the opposing party. Justice Sandeep V. Marne noted that the injunction, granted on September 26, 2025, restrained Elder Nutraceuticals Pvt Ltd from using the mark “ELDER” or any deceptively similar mark...

Delhi High Court Sets Aside Refusal Of Jindal Steel's 'JSP' Trademark, Orders Fresh Consideration

The Delhi High Court has partially allowed an appeal filed by Jindal Steel Limited against an order of the Registrar of Trade Marks refusing registration of the trademark “JSP,” holding that the decision was a “non-speaking order” passed without considering the arguments and material placed on record. In a judgment delivered on February 17, 2026, Justice Jyoti Singh observed that the Registrar had failed to consider several issues raised by the company, including its reliance on Sections 34 and...

Delhi High Court Bars Ex-Franchisee From Using 'Moti Mahal' Trademark After Franchise Termination

The Delhi High Court has granted an ex-parte ad interim injunction in favour of Moti Mahal Legendary Hospitality, restraining Sant Foods, a former franchisee, from using the “MOTI MAHAL” trademark after the termination of their commercial agreement. The Court observed that once a franchise agreement is terminated, the former franchisee retains no legal right to operate a restaurant using the trademarked name.On February 25, 2026, Justice Jyoti Singh observed that the company had established...

Madras High Court Protects '777 Oil' Trademark, Sets Aside Order Dismissing Infringement Suit

The Madras High Court on Friday protected the trademark “777 Oil” used for a Siddha medicinal oil to treat psoriasis, setting aside a single judge's decision that had dismissed an infringement suit filed by J.R.K's Research and Pharmaceuticals against Sanjeevi Pharma. In a judgment pronounced on March 6, 2026, Justice C.V. Karthikeyan and Justice K. Kumaresh Babu allowed the company's appeal, holding that the earlier judgment suffered from “perversity,” and decreed the suit with a permanent...

Groundless Threat Suit Over Trademark Infringement Cannot Continue Once Infringement Case Is Filed: Calcutta High Court

The Calcutta High Court has recently observed that once the proprietor of a trademark or copyright institutes an infringement suit with due diligence, the cause of action in a suit alleging groundless threats automatically extinguishes.On January 30, 2026, Justice Ravi Krishan Kapur dismissed a 'threat suit' filed by Neelam Gupta against Esme Consumer Private Limited because the company had, subsequent to the filing of the suit, commenced a formal infringement action in a Delhi court. Under...

Calcutta High Court Protects 'SWASTIK' Rice Label Against Deceptive Packaging By Competitor

The Calcutta High Court has decreed a suit in favour of Jay Baba Bakreswar Rice Mill Private Limited against an individual, Deepak Kumar Barnwal, over the use of the “SWASTIK” label mark for rice products. Justice Ravi Krishan Kapur observed that the respondent's packaging was “strikingly similar and deceptively identical” to that of the petitioner and held that the rival marks appeared to be identical. Jay Baba Bakreswar Rice Mill told the court that it is engaged in the manufacture and sale...

Bombay High Court Temporarily Bars Delhi Hospital From Infringing 'SAIFEE HOSPITAL' Mark

The Bombay High Court has recently granted ad-interim relief to Saifee Hospital Trust, restraining a Delhi-based company from infringing its registered trademark “SAIFEE HOSPITAL” after finding that the rival mark “SAIFI HOSPITAL” is “visually, structurally and phonetically deceptively similar”.In an order dated February 10, Justice Sharmila U. Deshmukh observed that the defendant company, Saifi Hospital Private Limited, was offering similar medical services under the impugned mark even though...