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...

Delhi High Court Directs Removal Of 'GRAND MASTI' Trademark For Similarity To Radico Khaitan's 'MASTIH'

The Delhi High Court recently allowed a rectification petition filed by Radico Khaitan Ltd., formerly Rampur Distillery & Chemical Company Ltd., directing the removal and cancellation of the 'GRAND MASTI' trademark registration held by Mohit Petrochemical Pvt. Ltd. from the Trade Marks Register. Justice Manmeet Pritam Singh Arora, in a judgment delivered on 27 February 2026, observed that the registered mark was deceptively similar to Radico Khaitan's established 'MASTIH' brand, in use...

Delhi High Court Grants Interim Injunction To Novartis Against 'NOVIETS' For Trademark Infringement

The Delhi High Court on 28 February granted an interim injunction in favour of the global healthcare company Novartis, restraining several Bihar-based entities, including Noviets Pharma and Noviets Veterinary Private Limited, from using the marks 'NOVIETS' and its associated logos. Justice Tejas Karia observed that the contested marks were deceptively similar to the well-known 'NOVARTIS' trademark and logo, noting a likelihood of confusion among the public. The Court emphasised that a...

Delhi High Court Grants Interim Injunction To GSK Against Zee Laboratories In 'PHEXIN'-'FEXIT' Trademark Dispute

Calling it “a case of triple identity,” the Delhi High Court has restrained Zee Laboratories from using the marks 'FEXIT', 'FEXIT-B' and 'FEXIT-M', holding them deceptively similar to GlaxoSmithKline's registered antibiotic brand 'PHEXIN'. Justice Tejas Karia passed the order on February 28, 2026, on an interim application by GlaxoSmithKline Pharmaceuticals Ltd. seeking restraint against infringement of its mark 'PHEXIN', passing off, unfair competition and dilution. GlaxoSmithKline (GSK)...