Trademarks Archives

Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

In this case, the Madras High Court highlights the importance of addressing similarity concerns and pursuing registration as a label mark for stronger protection. This case with help gain insights for navigating trademark challenges in India. Continue Reading Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

February 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 497Views 0Like

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Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

Recent trademark cases include the Delhi High Court’s decisions on a composite logo including ‘Patanjali’, Coca Cola’s ‘Kinley’ trade dress, and ‘Ball Head Racer’ packaging infringement. Continue Reading Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

February 26, 2024 BananaIP Reporter Intellectual Property, Trademarks 0Comment 413Views 0Like

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Image accompanying blogpost on "Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court."

Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

“Chand” textile trademark owner loses infringement case against “Chand-A” lungi brand. Court finds long, honest, concurrent use by defendant since 1952 prevents confusion. Lack of concrete evidence weakens plaintiff’s claim of permissive use. Court outlines principles for proving honest and concurrent trademark use. Continue Reading Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

February 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 802Views 0Like

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Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court

Delhi High Court banned Javapoint companies from using the “Java” trademark for training and domain names. Though not part of their company names anymore, “Java” usage in services and domain is deemed infringing on Oracle’s trademark rights. This decision protects trademark ownership and sets a precedent for proper usage in the tech industry. Continue Reading Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court

February 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Software, Trademarks 0Comment 1005Views 0Like

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Image accompanying blogpost on "Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench."

Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.

Delhi High Court split on jurisdiction for trademark rectification petitions: firstly stated any High Court, later restricted it to granting IP Office’s jurisdiction. The underlying point is differentiating Trade Marks Act from Patents and Designs Acts and emphasizing convenience for businesses. Continue Reading Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.

February 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 786Views 0Like

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Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

In this case, the Delhi High Court explored if a trademark opposition be ‘deemed as abandoned’ if there was a delay in service of evidence by the opponent in the opposition. The Court also explained whether the timelines mentioned in the Trade Marks Act and Rules are mandatory or not. Continue Reading Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

February 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 795Views 0Like

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‘Sri Sharanam Ayyappa’, ‘Dengue Don’ , and ‘Raashee’, Trademark Case Decisions

Recent trademark rulings by the Delhi and Bombay High Courts address infringement and damages in cases involving ‘Sri Sharanam Ayyappa’, ‘Dengue Don’, and ‘Raashee’ trademarks. Continue Reading ‘Sri Sharanam Ayyappa’, ‘Dengue Don’ , and ‘Raashee’, Trademark Case Decisions

February 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 450Views 1Like

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Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench

Delhi High Court refers the question of filing jurisdiction for trademark rectification petitions to a larger bench, seeking clarity on whether it’s limited to the trademark office’s jurisdiction or any High Court. Continue Reading Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench

February 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 721Views 0Like

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Deadline for Public Comments on New Trade Mark Draft Rules 2024 Ends Today, February 9th, 2024

The Ministry of Commerce and Industry’s deadline for feedback on the Trade Mark Draft Rules 2024 ends today. Key updates include new definitions and electronic communication. Continue Reading Deadline for Public Comments on New Trade Mark Draft Rules 2024 Ends Today, February 9th, 2024

February 9, 2024 BananaIP Reporter Intellectual Property, Trademarks 0Comment 522Views 0Like

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Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

The Delhi High Court restrains Festival House Immersive from using ‘Candlelight’ for concerts, in a notable trademark case filed by Fever Labs, a global live entertainment platform. Continue Reading Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

February 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 732Views 0Like

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Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court

Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.

Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

‘Sri Sharanam Ayyappa’, ‘Dengue Don’ , and ‘Raashee’, Trademark Case Decisions

Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench

Deadline for Public Comments on New Trade Mark Draft Rules 2024 Ends Today, February 9th, 2024

Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

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