Case Reviews Archives

Refusal of FACT Trademark for Air/Water Purification Products Set Aside

The Madras High Court reversed the Registrar of Trade Marks’ decision to refuse KX Technologies LLC’s application for the FACT trademark for air and water purification filters. The court found no likelihood of confusion with existing marks in the fertilizer sector, allowing the application to proceed with a disclaimer on its specific use. Continue Reading Refusal of FACT Trademark for Air/Water Purification Products Set Aside

3 days ago BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 116Views 1Like

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“TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

The Delhi High Court issued a permanent injunction in favor of Tata Sons, preventing the use of trademarks and trade dress similar to “TATA COPPER+ WATER.” The defendant ceased infringement and nominal damages of ₹1,00,000 were awarded, acknowledging the defendant’s cooperation and first-time offense. Continue Reading “TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

November 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 145Views 2Likes

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Rummy Culture and Gameskraft Trademarks: Order to Take Down Infringing Online Gaming Websites and Apps

The Delhi High Court granted Gameskraft Technologies an interim injunction against websites infringing on its trademarks, including RummyCulture, ordering a takedown and domain block. The order protects Gameskraft’s IP, restraining defendants from further infringement or using SEO keywords linked to Gameskraft’s trademarks. Continue Reading Rummy Culture and Gameskraft Trademarks: Order to Take Down Infringing Online Gaming Websites and Apps

November 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 377Views 2Likes

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Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

In a trademark dispute between Sankalp Constructions and Shankalp Associates, the Court dismissed the plaintiff’s claims of trademark infringement. Finding no deceptive similarity, it ruled that Shankalp’s use of its trade name did not cause confusion or infringe on Sankalp’s registered mark. This case clarifies the importance of evidence in proving brand name similarity in trademark law. Continue Reading Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

November 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 124Views 2Likes

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Nike swooshes away trademark infringers, comes out All Stars

The Delhi District Court awarded a permanent injunction to Nike, prohibiting unauthorized use of its trademarks by local defendants in a case of trademark infringement and passing off. The Court’s decision reinforces trademark protection standards, ruling in favor of Nike with exemplary damages for brand misrepresentation. Continue Reading Nike swooshes away trademark infringers, comes out All Stars

November 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 206Views 3Likes

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“VARUN” scoops up an icy win against “ARUN”, court affirms co-existence of Trademarks

In Hatsun Agro Product Limited vs B. Balakrishnan Nair, the High Court of Madras upheld the trademark ‘VARUN,’ dismissing Hatsun’s claim for cancellation based on phonetic similarity with ‘ARUN.’ The court found that both marks could coexist without consumer confusion, considering the regional scope and distinctiveness factors. Continue Reading “VARUN” scoops up an icy win against “ARUN”, court affirms co-existence of Trademarks

November 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 165Views 2Likes

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Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

The Calcutta High Court denied an interim injunction to SRMB Srijan Pvt. Ltd., which sought to prevent the resale of its TMT bars by defendants citing trademark infringement. The Court held that resale of lawfully acquired SRMB products did not violate trademark rights, as per the Trade Marks Act, 1999, pending further investigation of alleged unauthorized territorial sales. Continue Reading Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

November 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 160Views 1Like

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CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

The Madras High Court granted Coimbatore Institute of Technology exclusive rights over the “CIT” trademark, ruling against Chennai Institute of Technology’s concurrent use. The court determined that Chennai Institute’s use of “CIT” was misleading, lacking distinctiveness, and obtained through suppression of facts. The respondent’s mark was ordered to be removed from the trademark register. Continue Reading CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

November 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 188Views 1Like

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Court restores patent application despite missed deadline to file request for examination

The Delhi High Court restored Bry-Air’s patent application after finding the delay was due to the former patent agent’s negligence, not the petitioner’s actions. The court emphasized that applicants should not suffer due to agents’ faults and allowed Bry-Air to proceed with Form 18 submission for patent examination. Continue Reading Court restores patent application despite missed deadline to file request for examination

November 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 220Views 1Like

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Telugu Actor Manchu Vishnu gets a John Doe Order to prevent misuse of his Name, voice and Likeness

The Delhi High Court granted Telugu actor Manchu Vishnu an interim injunction, barring content creators from unauthorized use of his name, image, and voice. The Court ordered the removal of defamatory content and directed YouTube to identify infringing accounts. Continue Reading Telugu Actor Manchu Vishnu gets a John Doe Order to prevent misuse of his Name, voice and Likeness

November 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Publicity Rights/ Celebrity Rights 0Comment 243Views 2Likes

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Celebrating 20 Years of IP Excellence

Refusal of FACT Trademark for Air/Water Purification Products Set Aside

“TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

Rummy Culture and Gameskraft Trademarks: Order to Take Down Infringing Online Gaming Websites and Apps

Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

Nike swooshes away trademark infringers, comes out All Stars

“VARUN” scoops up an icy win against “ARUN”, court affirms co-existence of Trademarks

Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

Court restores patent application despite missed deadline to file request for examination

Telugu Actor Manchu Vishnu gets a John Doe Order to prevent misuse of his Name, voice and Likeness

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