TRADEMARK
United Breweries Secures Trade Mark Registration For Kingfisher Sound Mark “Oo La La La La Le O”
United Breweries Limited has secured a registration for the sound trade mark associated with its Kingfisher brand, with the Trade Marks Registry issuing a certificate of registration for the jingle popularly rendered as “Oo La La La La Le O” under the Trade Marks Act, 1999. The registration, granted by the Trade Marks Registry, Mumbai, confers statutory exclusive rights on United Breweries Limited over the auditory brand asset, which has been extensively deployed in advertising and brand...
Supreme Court Restores Breach-Of-Injunction Proceedings In 'HERO' Trademark Dispute Between Hero Cycles and Hero Ecotech
The Supreme Court recently revived proceedings for alleged breach of an injunction in the long-running “HERO” trademark dispute between Hero Cycles Limited and Hero Ecotech Limited. A bench of Justices B.V. Nagarathna and Ujjal Bhuyan set aside a September 3, 2025 judgment of the Patna High Court, which had quashed a 2019 trial court order directing initiation of contempt proceedings against Hero Ecotech and others for alleged breach of an injunction. The High Court had held that the trial...
Bombay High Court Restrains 'ACERIL' Trademark For Phonetic Similarity With Glenmark's 'ASCORIL'
The Bombay High Court on 16 February granted ad-interim relief to Glenmark Pharmaceuticals Ltd, temporarily restraining the use of the trademark “ACERIL” by Venkata Subbarao, after finding it visually and phonetically similar to Glenmark's registered mark “ASCORIL.” Justice Sharmila U. Deshmukh observed that although the two medicinal products treat different ailments, the similarity between the marks, if not restrained, could have a disastrous effect. She wrote: “Prima facie the visual and...
Public University Data Can Be Used If Not Disparaging: Delhi High Court Lifts Injunction Against EdTech Site
The Delhi High Court on Tuesday set aside a trial court order restraining an education-technology start-up from using the names, information, and details of two universities on its website, holding that it has a right to use publicly available information so long as it is not presented disparagingly. A single-judge bench of Justice Manoj Kumar Ohri held that the respondents were “unable to make out a prima facie case” and termed it “an unconvincing argument” that rankings displayed on the...
Expiry Notice To Unauthorized Agent Not Compliant With Trade Marks Act: Delhi High Court Allows Renewal Of 8 Marks
The Delhi High Court has permitted renewal of eight trademarks after holding that expiry notices sent to an unauthorized agent do not amount to compliance with the Trade Marks Act.Justice Tushar Rao Gedela ruled that issuing notices to a person who was no longer authorised does not satisfy Section 25(3) of the Trade Marks Act. “The fact that the notices contemplated under Section 25(3) of the Act and RG-3 notices were issued to a person who, as on the date of issuance of such notices, was not...
Delhi High Court Temporarily Restrains Deepika Padukone's 82°E From Using “Lotus Splash” Mark In Dispute With Lotus Herbals
The Delhi High Court has issued a temporary injunction restraining actress Deepika Padukone's DPKA Universal Consumer Ventures Private Limited, the entity behind the skincare brand 82°E, from manufacturing, advertising or selling its "Lotus Splash" facial cleanser until final disposal of the suit. The Division Bench comprising Justice V. Kameswar Rao and Justice Vinod Kumar held that the use of the mark "Lotus Splash" by the defendants was not merely descriptive of an ingredient but was being...
Delhi High Court Reiterates Limited Interference In Appeals Against Interim IPR Orders
The Delhi High Court has reiterated that appellate courts must remain highly circumspect before overturning discretionary orders issued by commercial courts in intellectual property matters. The bench comprising Justice C. Hari Shankar and Justice Om Prakash Shukla dismissed an appeal in limine by the owners of the “Golden Eagle” brand against a rival “Golden Kingfisher” product, upholding the decision of the Commercial Court at Tis Hazari to refuse ex parte ad-interim injunction and...
Delhi High Court Allows Oswaal Books To Register 'ONE FOR ALL' As Trademark
The Delhi High Court on 10 February cleared the way for Oswaal Books and Learnings Private Ltd. to register “ONE FOR ALL” as their trademark, observing that the phrase is a protectable suggestive mark rather than a merely descriptive slogan. The Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla observed: “We find that the applied mark “ONE FOR ALL” does not evoke a connect, in the mind, between the mark and books. The mark has no relation with books and can be used...
Delhi High Court Temporarily Restrains Use of 'Dream Freedom' Mark, Protects 'FREEDOM' Oil Brand
The Delhi High Court has temporarily restrained Dream Freedom Herbal Pvt. Ltd. from using the mark “DREAM FREEDOM” for edible oils. The Court said the company continued using the mark despite cancellation of its trademark registration, infringing the registered “FREEDOM” edible oil brand of Gemini Edibles and Fats India Ltd.Presiding over the case, Justice Jyoti Singh observed that Gemini Edibles and Fats India Ltd. (GEF India) had established a prima facie case for an injunction. The court...
Madras High Court Revives 'Modern Kitchens' Trademark Scrapped Over Technicality
The Madras High Court has come to the relief of Mangaluru-based snack food manufacturer Modern Kitchens, reviving its trademark application after the Trade Marks Registrar scrapped it over an unsigned affidavit filed during the COVID-19 lockdown. Justice N. Anand Venkatesh held that the Registrar was not justified in treating the application for the mark “MODERN KITCHENS' Delite in Every Bite” as abandoned under Rule 46(2) of the Trade Mark Rules, 2017. In 2018, ACE Foods filed a trademark...
Delhi High Court Restrains Misuse Of HCL Trademark In Alleged Fraudulent 'HCL Mediclinic' Scheme
The Delhi High Court has issued an ex-parte ad-interim injunction to protect HCL Corporation Pvt Ltd against unidentified parties who are allegedly misrepresenting themselves as company officials to dupe members of the public and job seekers. According to the suit filed by HCL, the company recently became aware of illegal and fraudulent activities by rogue third parties. HCL alleges that these individuals have been issuing fraudulent emails, calls, and messages while posing as HCL employees. ...