Bringing you the Best Analytical Legal News
User traffic may be diverted due to the same or similar domain name, which can result in a user mistakenly accessing one domain name instead of the one intended. A domain name might, therefore, have all characteristics of a trade mark and could result in an act of passing off.
The Delhi High Court granted permanent injunction in favour of Google LLC for its mark “GOOGLE” and awarded Rs. 10 lakhs as damages to Google LLC which was to be paid jointly and severally by the defendants.
The Delhi High Court opined that ‘NOVAEGIS’ was, phonetically identical to ‘NOVARTIS’, when tested from the point of view of a customer of average intelligence and imperfect recollection and thus, granted ad-interim injunction in favour of ‘NOVARTIS’.
The Delhi High Court dismissed Subway's plea for injunction for its mark “SUBWAY” against Infinity Food's mark “SUBERB” in a trade mark infringement case and held that the appearance of Infinity Food's red and white “SUBERB” mark could not be said to be deceptively similar to Subway's device mark, “SUBWAY”.
The Delhi High Court held that the use of mark “AIVVA” by Aivva Enterprises (P) Ltd. was phonetically similar to the mark “AIWA” of Aiwa Co. Ltd. and thus, caused confusion in the market. Therefore, the Court confirmed ex-parte ad interim injunction in favour of the mark “AIWA” in a trade mark infringement suit.
The Delhi High Court granted ad-interim injunction to New Bharat Overseas for its mark ‘TAJ MAHAL’ and restrained Kian Agro Processing (P) Ltd. from affixing the mark ‘TAJ MAHAL’ or any other mark deceptively similar to the registered marks for the purposes of selling or marketing rice in India or for export to any entity, till the pendency of the suit.
The Delhi High Court granted permanent injunction to RPG Enterprises Ltd. for its mark ‘RPG’. Further, RPG Developers (P) Ltd. were restrained from offering/rendering any services using the impugned trade mark ‘RPG’ and/or ‘RPG DEVELOPERS’ and/or artistic work which was a colourable imitation of the plaintiff’s artistic work or any other trade mark/artistic work deceptively similar to the ‘RPG’ marks of the plaintiff. Additionally, Rs. 3 lakhs were awarded as damages to the plaintiff.
The Delhi High Court restrained the defendant from dealing in any goods, under the impugned trade mark ‘Lifelong’ or any other mark as may be identical to or deceptively similar with the plaintiff’s (Lifelong Online Retail (P) Ltd.) registered trade mark ‘Lifelong’, to cause infringement of the plaintiff’s trade marks.
Swiss Bike Vertriebs GMBH, a subsidiary of ACCELL Group filed a suit against Imperial Cycle Manufacturing Company for seeking permanent injunction restraining them from committing acts of trademark infringement and passing off with respect to the Swiss Bike’s mark ‘RALEIGH’ which was used for bicycles/cycles/bikes.
Delhi High Court granted permanent injunction in favour of Dream 11 against the person who was operating under the domain name ‘www.dream11.bet’ and held that the domain name adopted by the defendant was deceptively similar to that of the plaintiffs and was clearly intended to ride on the goodwill and reputation of the plaintiff’s marks.
Delhi High Court: In a trade mark infringement case where the ex-parte ad-interim order of injunction was challenged, the Single
Delhi High Court: In a suit for permanent injunction restraining the defendants from using the mark ‘Shopibay’ which was similar
Delhi High Court: In a case where application was filed under Order 39 Rules 1 and 2 read with Section
“Disclaimers do not go to the market and a common man of average intelligence or the average consumer would have no knowledge of any disclaimers present in a trademark registration.”