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Polo rides to the finish line in trademark infringement dispute

Polo rides to the finish line in trademark infringement dispute

The Delhi District Court granted a permanent injunction to Polo Lauren Company L.P. against Landmark Traders and Mystic Emin Private Ltd., holding that the defendants infringed Polo’s trademarks. The case highlighted the test for trademark infringement and emphasized the presumption of confusion in identical marks and the need to prove confusion for deceptively similar marks. Continue Reading Polo rides to the finish line in trademark infringement dispute
November 28, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 293Views 3Likes
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Classic Fireworks' Trademark goes up in smoke, Eagle wins over Garuda

Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

The Madras High Court resolved a trademark dispute between M/s. The Southern India Exporting Company and M/s. The Classic Fireworks Industries, ruling that the ‘Eagle’ mark held prior rights over ‘Garuda.’ The Court found that the marks’ similarities could confuse consumers and rejected claims of acquiescence. Continue Reading Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda
November 27, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 206Views 1Like
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Brokering peace? "Nobroker" says NO to "NotBroker"

Brokering peace? “Nobroker” says NO to “NotBroker”

In a decisive judgment, NoBroker Technologies secured a permanent injunction against NotBroker Property Management for infringing its trademarks ‘%NOBROKER’ and ‘NoBrokerHood.’ The Court found NotBroker’s use of the mark ‘NOT BROKER’ and the domain ‘notbroker.com’ deceptively similar, granting relief to NoBroker, including removal of the infringing domain. Continue Reading Brokering peace? “Nobroker” says NO to “NotBroker”
November 26, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 297Views 2Likes
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Micky Metals runs out of "LUX", Court issues injunction against using "LUX TMT" Trademark

Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, granting a permanent injunction against Micky Metals for passing off the “LUX” trademark. The Court emphasized the Plaintiffs’ prior use and substantial goodwill, holding the Defendant’s mark “LUX TMT” deceptively similar. Remedies included profit accounting since 2009 and the prevention of further use. Continue Reading Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark
November 25, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 229Views 2Likes
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Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

The Madras High Court dismissed Embio Ltd.’s petition challenging the validity of Malladi Drugs’ patent for a method of preparing chiral beta-amino alcohols. The court upheld the patent’s novelty, inventive step, and validity, citing superior yields and optical purity. Continue Reading Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals
November 23, 2024 Case Reviews, Intellectual Property, Patents 0Comment 819Views 2Likes
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Court directs cancellation of "STAR" Trademark for lack of honest and concurrent use

Court directs cancellation of “STAR” Trademark for lack of honest and concurrent use

The Madras High Court, in a dispute involving STAR Plastics and S Star Trading Co., canceled the latter’s trademark under Class 11, citing deceptive similarity and dishonest adoption. The Court upheld STAR Plastics’ prior use and registration rights, directing the Registrar to remove the 1st Respondent’s trademark from the registry. Continue Reading Court directs cancellation of “STAR” Trademark for lack of honest and concurrent use
November 22, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 233Views 3Likes
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Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

The Delhi Commercial Court granted L’Oreal a permanent injunction against M/s Oneness Enterprises for importing counterfeit goods bearing L’Oreal’s trademarks. The Court also restrained Customs Offices from releasing the seized goods and directed their destruction under applicable rules, ensuring strong protection of L’Oreal’s intellectual property rights. Continue Reading Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement
November 21, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 356Views 2Likes
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Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art

Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art

The Madras High Court, in CMA(PT) No. 33/2023, overturned the Patent Controller’s rejection of a patent application by Dr. Vandana Parvez and others. The Court held the order non-speaking and procedurally invalid, directing a fresh examination within six months and expunging prior art from the public domain. Continue Reading Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art
November 19, 2024 Case Reviews, Intellectual Property, Patents 0Comment 182Views 2Likes
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Refusal of FACT Trademark for Air/Water Purification Products Set Aside

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
November 18, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 238Views 2Likes
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"TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

“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 Case Reviews, Intellectual Property, Trademarks 0Comment 262Views 2Likes
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