Intellectual Property Archives

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

In Scrum Alliance Inc. v. Prem Kumar S., the Madras High Court dismissed Scrum Alliance’s petition to revoke the “CSM” trademark registered by Prem Kumar. The Court held that Scrum Alliance had not substantiated prior use of the mark in India and affirmed Prem Kumar’s ri Continue Reading SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

November 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 178Views 1Like

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Importers Watch Out! Tag Heuer times out counterfeit watches

Tag Heuer S.A. successfully secured a court order for the destruction of counterfeit watches imported by Tinya International. The court awarded Rs. 5,00,000 in damages, plus further compensation, after finding clear evidence of trademark infringement. The ruling underscores the consequences of importing counterfeit goods and highlights the benefits of trademark protection and mediation. Continue Reading Importers Watch Out! Tag Heuer times out counterfeit watches

November 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, IP Settlements 0Comment 177Views 1Like

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Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

The Delhi High Court ruled in favor of Thijs, Roeland Michel Mathieu, ordering the restoration of Patent No. 408932 after it lapsed due to a communication error by the Patent Office. The court determined the lapse was not intentional on the appellant’s part and required the respondent to restore the patent upon payment of the renewal fee. Continue Reading Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

October 31, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 159Views 1Like

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Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

The Delhi High Court ruled in favor of Indian Hotels Company Limited (IHCL) in a case against Manoj for infringing the “TAJ” trademark and using copyrighted hotel images without authorization. The court ordered a permanent injunction against Manoj, mandated the transfer of the infringing domain, and awarded IHCL ₹10 lakhs in damages plus ₹5 lakhs in legal costs. Continue Reading Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

October 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 228Views 1Like

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Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

The Delhi High Court ruled in favor of Chasvinder Singh, affirming his exclusive rights over the SAP SWISS trademark in an appeal concerning its use by family members in the automotive industry. The court set aside a prior interim injunction and clarified the importance of written agreements in trademark assignments, concluding that no binding family settlement included the transfer of trademark rights. Continue Reading Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

October 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 218Views 1Like

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Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

The Madras High Court ruled in favor of petitioners V. Lakshminarayanasamy and Suguna Lakshminarayanasamy in the “SUGUNA” trademark case, ordering the rectification of the respondent’s mark registration due to its deceptive similarity and potential for consumer confusion. The court emphasized the petitioners’ established prior use and rejected the respondent’s defense of concurrent usage. Continue Reading Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

October 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 162Views 0Like

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Hot Mess? Court says “HOT MIX” is for everyone!

The Delhi District Court dismissed a trademark infringement and passing-off case filed by Mr. Sunit Shah, ruling that the term “HOT MIX” is generic and cannot be exclusively owned. The Court found that the term is widely used in the industry, and there was no likelihood of confusion between the brands involved. No damages or injunction were awarded to Mr. Shah. Continue Reading Hot Mess? Court says “HOT MIX” is for everyone!

October 26, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 169Views 1Like

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Copyright Disputes in Partnerships are Arbitrable

The Madras High Court appointed an arbitrator in the case of M. Rajaratnam vs. M/S. Raj Video Vision, rejecting claims of non-arbitrability. The court ruled that the dispute centered on the misuse of partnership assets, not merely copyright infringement, and thus could be resolved through arbitration. Continue Reading Copyright Disputes in Partnerships are Arbitrable

October 25, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 181Views 1Like

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Copying of Artistic Architectural Works in Brochure for Advertising Restrained

In a copyright dispute, the Delhi High Court issued an interim injunction restraining Navraj Infratech from using artistic architectural works of Countrywide Promoters. The court found prima facie infringement of copyright and passing off. The case is set for further hearings in January 2025. Continue Reading Copying of Artistic Architectural Works in Brochure for Advertising Restrained

October 24, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 183Views 1Like

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Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

The Delhi High Court ruled in favor of Lacoste in its trademark infringement suit against Crocodile International. Lacoste was granted a permanent injunction to prevent Crocodile International from using a deceptively similar crocodile logo in India, with the Court ruling that Lacoste’s trademark rights had been violated. Crocodile International was also ordered to submit statements of profits made since 1998. Continue Reading Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

October 23, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 196Views 0Like

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Celebrating 20 Years of IP Excellence

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

Importers Watch Out! Tag Heuer times out counterfeit watches

Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

Hot Mess? Court says “HOT MIX” is for everyone!

Copyright Disputes in Partnerships are Arbitrable

Copying of Artistic Architectural Works in Brochure for Advertising Restrained

Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

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