Case Reviews Archives | Page 3 of 25

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 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 267Views 3Likes

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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 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 391Views 2Likes

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Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art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 Continue Reading Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art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 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 213Views 2Likes

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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 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 258Views 2Likes

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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 291Views 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 642Views 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 229Views 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 467Views 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 298Views 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 251Views 1Like

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

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

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

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