Delhi High Court permanently injuncts GRAND VIVANTA from using VIVANTA mark; Adopts new name GRAND VIHAN
The permanent injunction passed shall come into effect from 1-11-2022.
Passing off
Bombay High Court grants interim injunction against Polycab India Limited for novel design infringement of Atomberg Renesa Ceiling Fan
Bombay High Court: In a case filed by Atomberg Technologies Private Limited (‘plaintiff’) seeking temporary injunction as Polycab India Limited
Delhi High Court grants injunction against a website using TATA mark “targeting” Indian public
The considerations, while deciding an application for grant of ad-interim injunction could be less stringent than the one for final relief in a suit. Interim decisions are required to be made based on probable rather than a definitive view.
Calcutta High Court | “AMUL” being a well-known trademark deserves a broader scope of protection – even against non-competing goods or services
“The trademark “AMUL” symbolizes a movement among Indian Rural Community towards prosperity and Indian public perceives the trademark “AMUL” having association of connection with the plaintiffs and no other. It is a combination of all the foregoing factors that had culminated into the trademark “AMUL” being recognized as well-known trademark and, therefore, deserves a broader scope of protection against unauthorized use on non-competing goods or services.”
Titles of films are capable of being recognised under trademark law? Read Del HC’s decision in light of film ‘SHOLAY’
Delhi High Court: Prathiba M. Singh, J., expressed that, the word ‘SHOLAY’, is the title of an iconic film, and consequently, as
Red Bull v. Sting | Injunction application against Pepsico’s tagline “STIMULATES MIND ENERGIZES BODY”: Whether Pepsi has committed infringement? Del HC decides
Delhi High Court: Amit Bansal, J., observed that the taglines of ‘Red Bull’ and ‘Sting’ are descriptive and laudatory in nature. Interim
Kar HC│ What is Yipee Magic Masala Noodles and Wai Wai Majedaar Masala Noodles copyright infringement battle all about? Read on
“Principles laid down for Courts to deal with injunction applications, in a pending suit, seeking relief against passing off” Karnataka High Court:
Del HC | Whether S. 124 of Trade Marks Act provide for stay of action against passing off? Read on
Delhi High Court: Asha Menon, J., addressed a suit for trade mark infringement, wherein the Court additionally addressed the scope of Section
Del HC | Interim relief against passing off. Is identical placement of colours and other features in label of product being passed off enough? HC decides
Delhi High Court: C. Hari Shankar, J., addressed a matter regarding passing off and granted interim relief. Plaint alleged that defendant 1
Bom HC | Does Copyright Act requires mandatory registration to seek protection under the Act? Justice G.S. Patel explains
“Copyright Act gives a range of rights and privileges to the first owner of copyright without requiring prior registration.”
AP HC | Extensive Analysis of Trade Marks Law: Can injunction be granted in case a trade mark falls under ambit of ‘Test of likelihood of confusion or deception’? Read more on Buyer Confusion
Andhra Pradesh High Court: R. Raghunandan Rao, J., addressed a matter wherein the law relating to Trade Mark and Passing off was highlighted
[Intellectual Property] Bom HC | “Party moving for injunction at eleventh hour must be prepared to face consequences”:Court while refusing to restrain Zee from using “Plex” in new channel
Bombay High Court: G.S. Patel, J., refused to pass an interim injunction restraining Zee Entertainment from using the word “Plex” in its new
Madras HC | Neither Sunfeast Yippie Noodles nor Maggi Noodles can have monopoly over the words “Magic” and “Masala” as these words are common to the packaged food industry
Madras High Court: While deciding the question that whether the expression “Magic Masala” can qualify as a trademark and that whether it
Del HC | Facebook, Instagram directed to pull down posts violating trademark ‘DA MILANO’ in terms of IT (Intermediary Guidelines) Rules, 2011
Delhi High Court: Pratibha M. Singh, J. while addressing a petition concerning the protection of the trademark ‘DA MILANO’, issued certain guidelines
Del HC | Ajanta Pharma injuncted from selling its nutraceutical product GLOTAB in passing off suit brought by Sun Pharma; principles reiterated
Delhi High Court: Pratibha Singh, J., while allowing the suit brought by Sun Pharma Laboratories Ltd., passed an order injuncting Ajanta Pharma Ltd.
Use of AAJ TAK in name of fortnightly magazine held to be in violation of trademark; injunction granted thereagainst
Delhi High Court: A Single Judge Bench comprising of Jayant Nath, J. passed a permanent injunction decree against the defendants, restraining them
No copyright over movie titles; bodies registering same should coordinate better to resolve conflicts: Delhi HC
Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J., while disposing of a suit challenging the use of
Evolving contours of passing-off law : Certain salutary developments
by Preetesh Kapur, Advocate, Supreme Court*
No exclusive right in the label mark ‘MALABAR’ for selling biryani rice: SC
Supreme Court: R. Banumathi, J. while delivering the Judgment for herself and Ranjan Gogoi, J. dismissed an appeal filed against the Judgment