Trademarks Archives

ITC’s injunction against Arpita Agro upheld

The Delhi High Court upheld ITC’s injunction against Arpita Agro, restraining the company from using the trademark ‘POWRNYM.’ The Court ruled that the mark was deceptively similar to ITC’s ‘NIMYLE’ and ‘JOR-POWR,’ violating trademark rights. The judgment emphasized that contractual obligations and trade dress similarities must be strictly adhered to in trademark disputes. Continue Reading ITC’s injunction against Arpita Agro upheld

March 11, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 182Views 3Likes

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The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

The Delhi High Court addressed the appeals in the Sammaan Capital v. Svamaan Financial trademark dispute. The case involved phonetic similarity, consumer confusion, and corporate branding rights. The Court maintained the status quo, requiring disclaimers in advertisements and setting a final hearing for April 2025. Continue Reading The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

March 10, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 233Views 1Like

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Amazon Ordered to Pay ₹336 Crore in Damages for Willful Trademark Infringement

The Delhi High Court has ordered Amazon Technologies, Inc. to pay ₹336 crore in damages for willful trademark infringement of the Beverly Hills Polo Club logo. The ruling also includes ₹3.23 crore in litigation costs and a permanent injunction against Amazon. The case, filed by Lifestyle Equities C.V. and Lifestyle Licensing B.V., highlights Amazon’s liability in unauthorized brand usage. Continue Reading Amazon Ordered to Pay ₹336 Crore in Damages for Willful Trademark Infringement

February 27, 2025 BananaIP Reporter Case Reviews, e-Commerce Law, Intellectual Property, Trademarks 0Comment 500Views 1Like

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“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

The Delhi High Court ruled in favor of Gemini Edibles and Fats India Ltd. in a trademark rectification petition, directing the removal of the “DREAM FREEDOM” mark from the Register of Trade Marks. The court found that the respondent had deceptively adopted the mark and trade dress of Gemini’s “FREEDOM” brand, leading to potential consumer confusion. The ruling reinforced the principles of prior use and deceptive similarity in trademark law. Continue Reading “DREAM FREEDOM” Trademark removed from register for Deceptive…

February 20, 2025 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 779Views 1Like

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A battle for respect : Svamaan Financial Takes on Sammaan Capital in Trademark case

In a significant trademark dispute, the Delhi High Court ruled in favor of Svamaan Financial Services, granting an interim injunction against Sammaan Capital Limited and its affiliates. The Court found that the defendants’ marks were deceptively similar to Svamaan, potentially misleading consumers. The ruling reinforces the importance of brand identity and legal recourse in financial services. Continue Reading A battle for respect : Svamaan Financial Takes on Sammaan Capital in Trademark case

February 18, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 549Views 2Likes

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Can you reuse a discarded bottle to refill and sell your own goods or products?

The Madhya Pradesh High Court ruled in favor of Mount Everest Breweries Ltd., prohibiting the reuse of embossed beer bottles. The decision upheld the Excise Commissioner’s order, stating that reusing marked bottles leads to consumer deception and violates intellectual property rights. The appeal overturned the previous order, reinforcing legal protections for trademarks in the beer industry. Continue Reading Can you reuse a discarded bottle to refill and sell your own goods or products?

February 13, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 381Views 1Like

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand. Continue Reading Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

February 11, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 373Views 1Like

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‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

The Delhi High Court ruled on a trademark dispute between ‘Big Dipper’ and ‘Big Deeper,’ setting aside an ex parte injunction. The case centered on the assertion of transborder reputation by importers of the ‘Big Dipper’ mark. The Court relied on precedent to determine that mere global reputation is insufficient to claim trademark protection in India. The matter was remanded for fresh consideration. Continue Reading ‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

February 4, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 400Views 1Like

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Shoes, footwears and deceptive similarity in Trademark law

The Delhi High Court granted a permanent injunction in favor of New Balance Athletics, Inc., restraining Kiran Shoe Company from infringing its trademarks. The Court awarded ₹7,00,000 in damages and costs, emphasizing that the defendant’s actions were deliberate and aimed at leveraging New Balance’s reputation. Continue Reading Shoes, footwears and deceptive similarity in Trademark law

January 15, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 434Views 1Like

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Court reiterates importance of protecting consumers from confusion in case of pharma products

The Delhi High Court deliberated a trademark infringement case between Modi MundiPharma and Win Health Pharma. Allegations of deceptively similar trademarks in pharmaceutical products were raised, with the Court emphasizing the risk of consumer confusion. The application to challenge the validity of the defendant’s marks was disposed of, framing key issues on the marks’ invalidity. Continue Reading Court reiterates importance of protecting consumers from confusion in case of pharma products

January 13, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 429Views 1Like

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Celebrating 20 Years of IP Excellence

ITC’s injunction against Arpita Agro upheld

The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

Amazon Ordered to Pay ₹336 Crore in Damages for Willful Trademark Infringement

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

A battle for respect : Svamaan Financial Takes on Sammaan Capital in Trademark case

Can you reuse a discarded bottle to refill and sell your own goods or products?

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

Shoes, footwears and deceptive similarity in Trademark law

Court reiterates importance of protecting consumers from confusion in case of pharma products

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