Bombay High Court Restrains Sale Of Counterfeit 'CLEAR' Packaged Drinking Water

The Bombay High Court has restrained a Karnataka-based business from using the “CLEAR/CLEAR AQUA IND” mark after finding the impugned products to be counterfeit. The court had earlier observed that “AQUA IND” was shown in negligible font while prominence was given to “CLEAR”, and that the rival products had identical bottle shapes, label marks, colour schemes and placement of features.Justice Madhav J. Jamdar allowed Energy Beverages Pvt. Ltd.'s interim application in terms of prayers (a) to (e)...

Delhi High Court Blocks Websites Offering Fake MG Motor Dealerships, Orders ₹14.55 Lakh Lien

The Delhi High Court has recently blocked three websites allegedly being used to impersonate MG Motor and offer fake car dealerships to the public. Justice Jyoti Singh restrained those operating the websites from using MG's trademarks and branding or from claiming to represent the company or its agents.The court also directed the concerned domain registrars to suspend the three websites within 36 hours of receiving the order. Indian Overseas Bank was directed to mark a lien on the bank account...

Delhi High Court Reserves Verdict On HUL's Interim Plea Over Beco Ads Claiming Surf Excel, Vim Cause Skin Irritation

The Delhi High Court has reserved judgment on Hindustan Unilever Limited's plea for an interim injunction against Kwick Living (I) Private Limited, which runs the cleaning products brand Beco.The court heard arguments from both sides in the disparagement dispute over Beco's advertisements claiming Surf Excel and Vim cause skin irritation and allergies. Justice Anup Jairam Bhambhani recorded that judgment was reserved on the matter for interim measures.HUL moved the Court against Beco, alleging...

Bengaluru Court Orders Instagram To Restore Account Suspended Over IPL-Related Posts

A Bengaluru civil court has directed the restoration of an Instagram account suspended over posts alleged to have infringed trademark rights relating to the IPL. It held that the continued suspension was wholly disproportionate to the nature of the alleged violation.“Though the expressions used by the plaintiff may not have been appropriate, the intention behind the postings has also to be taken into consideration. Merely on the basis of the words employed, it cannot be concluded that the...

Delhi High Court Dismisses Review Of Suppression Findings In Trademark Suit, Says Advocate Cannot Shift Duty To Junior

The Delhi High Court has dismissed a review petition filed by the counsel on record for Celagenex Research (India) Pvt. Ltd. against its earlier findings that two material documents had been wilfully suppressed in the plaint filed in a trademark suit over the mark 'RewireX'. The counsel sought a review in his personal capacity, arguing that the documents had not been brought to his attention by the company.The court held that a filing counsel cannot avoid responsibility for ensuring full...

Delhi High Court Refuses To Cancel Fitship's 'FITFEAST' Mark, Says ASR Failed To Prove Standalone Use

The Delhi High Court on 31 August dismissed a rectification petition filed by ASR Market Ventures, the company behind FITPASS, against Fitship Private Limited's registered FITFEAST trademark for its protein snack range. Justice Jyoti Singh also refused ASR's plea for an interim injunction in its connected passing off suit against Fitship. She held that ASR could not establish goodwill in FITFEAST as a standalone mark. The Bench observed: “The documents demonstrate that ASR has been...

Bombay High Court Refuses Metro Brands Leave To Combine Trademark, Passing Off Claims Against Kerala Rival In Mumbai

The Bombay High Court has refused to allow footwear company Metro Brands Limited to combine its passing-off claim with its trademark infringement suit against Kerala-based Met Brands Private Limited in Mumbai. The court found that the balance of convenience favoured a trial in Kerala. The alleged passing off took place there, and Met Brands carries on business in the State.Justice Gauri Godse observed that Metro Brands had not pleaded that its principal place of business was only within Mumbai's...

Bombay High Court Restrains Cloud Kitchen From Using 'BARBECUE' Mark Over Similarity With Restaurant

On 1 September, the Nagpur Bench of the Bombay High Court temporarily restrained Barbeque, Gokulpeth, a cloud kitchen from using the mark “BARBECUE” or “BARBEQUE” in a trade mark dispute with Barbecue and Barbecue Food Services Pvt Ltd, which has operated a restaurant under the mark at Sadar, Nagpur, since 1994. Justice Y.G. Khobragade allowed an appeal filed by Tervinder Singh Jhans, the registered proprietor of the restaurant, against the District Judge, Nagpur's order which had declined...

Bombay High Court Restrains Former Licensee From Using 'Mount Litera Zee School' Mark Pending Arbitration

On 1 September, the Bombay High Court restrained a Dehradun-based school from using the “MOUNT LITERA ZEE SCHOOL” and “MLZS” marks and the MLZS Program pending arbitration.Justice Amit Borkar partly allowed a petition filed by Zee Learn Limited seeking interim relief against Pragati Shiksha Shrot Trust, Dehradun, pending arbitral proceedings. He held that a former licensee cannot continue using a licensor's mark after termination of the licence agreements. He observed:“Pending commencement and...

Delhi High Court Temporarily Restrains Patson Foods From Using Ching's Secret's 'Schezwan Chutney' Mark

The Delhi High Court on 25 August temporarily restrained Patson Foods (India) Private Limited from selling or marketing its “Rasanand Schezwan Chutney” product, after noting that the company had gone back on its written undertaking to stop using Capital Foods Private Limited's registered trademark “Schezwan Chutney”. Justice Jyoti Singh held that Capital Foods, the company behind the Ching's Secret brand, had established a prima facie case of trademark infringement and passing off. The Bench...

Delhi High Court Restrains YouTube Loan Settlement Channels From Using IDFC First Bank's Marks

The Delhi High Court on 24 August restrained individuals and entities operating YouTube channels including “Settlement Guru”, “AHK Tips”, “Expert Loan Settlement Advice”, “Kunal Kumar Tutorial” and “Loan Wala Bishu” from using IDFC First Bank's registered trademarks and fabricated settlement letters bearing the Bank's logo. Justice Jyoti Singh was hearing an application filed by IDFC First Bank seeking an interim injunction against the operators of these channels. The Bench held: “Prima facie,...

Madras High Court Rejects Vinbros Plea To Sue Rivals Over 'Blue Grape' Trademark

The Madras High Court on 28 August rejected liquor manufacturer Vinbros & Co.'s plea to sue two rival entities, Chamundi Winery and Distillery and R.R. Wine Mart, before it for alleged infringement of its “Blue Grape” trademark. A Bench of Justice K. Kumaresh Babu observed: “The fact that the situs of the registration of Trade Marks is with the Trade Marks Registry at Chennai by itself would not be sufficient to give rise to cause of action to institute the suit in the Madras High Court,...