TRADEMARK

Delhi High Court Finds 'Herbawish' Deceptively Similar To Herbalife, Temporarily Restrains Use
The Delhi High Court on 15 September temporarily restrained Ashish Kumar and his company from using “Herbawish” and “Herbawish Nutrition”, along with a similar three-leaf logo and trade dress, in a trademark infringement suit filed by Herbalife International. A Bench comprising Justice Jyoti Singh held that “the deception is enhanced owing to common prefix 'Herba.'” Herbalife told the Court that, besides the word marks “Herbalife” and “Herbalife Nutrition”, it owns registrations for a...

Supreme Court Extends Dabur's Deadline To Exhaust 9,020 'Cool King Thanda Tel' Cartons Till November
The Supreme Court on Friday extended by two months the deadline for Dabur India Limited to exhaust 9,020 cartons of “Cool King Thanda Tel”, in its trademark and trade-dress dispute with Emami Limited. The deadline, originally fixed by the Delhi High Court as September 30, 2026, will now operate until November 2026, subject to the existing conditions imposed on Dabur.A bench of Justices P.S. Narasimha and Alok Aradhe extended the permission while refusing to interfere with the Delhi High Court...

“No Perceptible Difference”: Delhi High Court Restrains Bombay Shaving Co. From Running Revised Ad In Gillette Suit
The Delhi High Court has restrained Bombay Shaving Company from running its "revised" advertisement, holding that on a first look, there is "no perceptible difference in the impact" between this version and the original ad the company had already agreed to take down.Justice Anup Jairam Bhambhani passed the order while issuing notice on a contempt application filed by Gillette India, which accused the company of going back on its undertaking to the court.Senior Advocate Chander M. Lall, appearing...

Delhi High Court Restrains Restaurant From Using “Social Circle” Mark Similar To Impresario's “SOCIAL”
On 21 September, the Delhi High Court granted an interim injunction restraining a Dehradun restaurant operating as “Social Circle” from using a mark deceptively similar to Impresario Entertainment and Hospitality's “SOCIAL” trademark. A Bench comprising Justice Vikas Mahajan observed that “the mark adopted by the defendant is identical/deceptively similar to the trade mark of the plaintiff.” Impresario has operated restaurants and bars under the “SOCIAL” brand since 2012 and currently has 52...

Delhi High Court Orders Meta, WhatsApp To Block Fake 'Purplle' Franchise Seeking ₹15 Lakhs From Public
The Delhi High Court on 15 September passed an interim injunction restraining an anonymous Facebook and WhatsApp operation from impersonating beauty and personal-care platform Purplle and soliciting Rs. 15 lakh from people through a fake franchise opportunity. Justice Jyoti Singh passed the order in a suit filed by Manash Lifestyle Private Limited, which owns and operates Purplle, against the unidentified operators as well as Meta, WhatsApp, Reliance Jio and Truecaller. The Bench observed that...

Delhi High Court Issues Notice To Trade Marks Registrar Over Delay In Deciding MakeMyTrip's Well-Known Mark Plea
The Delhi High Court has issued notice on a petition filed by MakeMyTrip India Limited seeking a direction to the Registrar of Trade Marks to decide its pending application to have "MakeMyTrip" declared a well-known trademark.The petition was filed after the application remained undecided for over six years. Justice Vikas Mahajan passing the order on September 21, recorded: “Ms. Nidhi Raman, CGSC who is present in Court has been asked to accept notice. Let Ms. Raman seek instructions.”MakeMyTrip...

Madras High Court Dismisses 'Dr. WASH' Infringement Suit Over 'Dr. Bright' Soap, Says Packaging Distinct
On 21 September, the Madras High Court dismissed a trademark infringement and passing off suit filed by Ashique Exports against Koyenco Soaps and Detergents over its “Dr. Bright” washing soap, holding that the rival product's packaging was not deceptively similar to Ashique's “Dr. WASH” brand. Justice K. Kumaresh Babu also dismissed Koyenco's separate rectification petition seeking cancellation of Ashique's “Dr. WASH” trademark registration, finding that the disclaimer relied upon by Koyenco...

Delhi High Court Restrains Gold Flake Counterfeiters After Police Seize 11.28 Lakh Cigarettes
The Delhi High Court has granted ITC Limited an ad interim injunction against a counterfeiting operation that was manufacturing fake "Gold Flake" cigarettes out of an old school building disguised as a cattle shed, after police seized goods and machinery worth an estimated ₹1.44 crore from the premises.Justice Jyoti Singh passed the order on September 16 in a suit filed by ITC against Ravi Kishor and his associates running the operation.ITC's "Gold Flake" trademark, adopted by its predecessor in...

Can State Notifications Let Civil Judges Decide Trademark Cases? Supreme Court Refers To Larger Bench
The Supreme Court on Monday referred to a larger bench the question of whether State notifications notifying Civil Judges (Senior Division) as Commercial Courts can override the Trade Marks Act requirement that infringement suits be instituted before a District Court.The issue arises from Section 134 of the Trade Marks Act, 1999. It bars a suit seeking relief for trademark infringement from being filed before a court below the District Court having jurisdiction to try it. The question is whether...

Delhi High Court Bars Anonymous Parties From Using JCB Branding Over Alleged False Arrest Claims
The Delhi High Court on 15 September restrained anonymous parties allegedly linked to former JCB dealer Krishna Auto Riders Private Limited (KARPL) from using JCB's name, trademarks, logos and other brand identifiers in a manner suggesting an affiliation with the company. A Bench of Justice Jyoti Singh also directed Google and Meta to take down videos and Instagram reels allegedly claiming that two JCB India officers had been arrested. She observed: “The defendants are also restrained till...

Chai Sutta Bar Withdraws Plea In Supreme Court Against Injunction Over 'MAATEA' Mark In Dispute With Macha
The Supreme Court on Monday allowed Chai Sutta Bar Trading Pvt Ltd to withdraw its special leave petition challenging the Delhi High Court order concerning the injunction restraining it from using the 'MAATEA' mark for tea products.On July 7, 2026, the High Court disposed of Chai Sutta Bar's appeal against the District Court order which held that MAATEA prima facie mimicked the sound and structure of MACHA held by Macha Consumer Products and conveyed the same commercial impressionThe High Court...

Telangana High Court Upholds Injunction Against 'Namaskar Tasty Nutts' In 'Tasty Gold' Trademark Dispute
The Telangana High Court has upheld a temporary injunction restraining edible oil manufacturer Vaidehi Agro Oils from using “Namaskar Tasty Nutts”. The court found that the mark and packaging could confuse consumers into believing that the oil was linked to Sri Tulasi Industries' “Tasty Gold” brand“Most of the targeted consumers would be illiterates and semiliterates and there is every possibility that they would be easily confused to draw a distinction between the oils of the plaintiff's firm...
