Trademarks 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

2 days ago BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 100Views 1Like

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2024 IP Report Indicates Increase in Patent and Design Filings with India Among Key Contributors

The 2024 World Intellectual Property Indicators report reveals a significant rise in global patent and design filings, led by contributions from key Asian economies, including India. India’s 15.7% increase in patent filings reflects a surge in domestic IP activity and aligns with global trends in computer technology and digital communication. Continue Reading 2024 IP Report Indicates Increase in Patent and Design Filings with India Among Key Contributors

5 days ago BananaIP Reporter Industrial Designs, Intellectual Property, Patents, Trademarks 0Comment 150Views 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

5 days ago BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 138Views 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 353Views 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 119Views 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 189Views 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 161Views 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 158Views 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 184Views 1Like

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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 186Views 1Like

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Celebrating 20 Years of IP Excellence

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

2024 IP Report Indicates Increase in Patent and Design Filings with India Among Key Contributors

“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

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

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