In a significant ruling, the Delhi High Court has prohibited the Institute of Cost Accountants of India from using the trademarked acronym “ICAI” for any of its services or institutions. “ICAI” is owned by the Institute of Chartered Accountants of India. The Single Bench of the court also ordered the Institute of Cost Accountants of India to remove the ICAI acronym within three months from all extant physical and virtual representations, including websites. Continue Reading Delhi HC Orders Institute of…
Discover the exclusive AI-focused IPR session hosted by BananaIP Counsels in collaboration with Telangana AI Mission, empowering AI startups with valuable IP insights and strategies for business growth. Continue Reading BananaIP Counsels and Telangana AI Mission Collaborate for an Exclusive AI-focused IPR Session
The petitioner, Dabur, who is the manufacturer of beverages under the name “Real”, is alleging that a Youtuber named Dhruv Rathee published a video tarnishing the petitioner’s brand reputation. The video also depicted an earlier advertisement aired, as well as a distorted image of the petitioner’s product Real, which infringes upon its trademark and copyright rights. The Calcutta High Court held that the acts of the respondent infringed upon the petitioner’s rights under section 29 (9) of the Trade Marks…
The case involves a dispute over the infringement of TTK Prestige's trademark and passing off of their products by KK & Company Delhi Pvt Ltd. TTK Prestige claimed that the use of the word "Prestige" by the defendants was an infringement of their trademark and causing confusion among customers, leading to loss of business. The Delhi High Court held that the defendant had failed to provide sufficient evidence to prove their claim of being a continuous user of the trademark…
Recently in a trademark infringement case between Hermès International & Anr. v. Crimzon Fashion Accessories Private Limited, the Delhi High Court ruled that the “H” mark of the French Luxury brand Hermès International is a well-known mark, after ordering a permanent injunction against Crimzon for infringing use of the mark on its website. Continue Reading Delhi High Court Declares Hermès’ “H” a Well-Known Trademark
The Delhi High Court, recently granted an ex parte interim injunction to the plaintiff Gupta And Gupta Pvt Ltd, restraining the defendants from using the mark “KHAN CHACHA”. The court observed that in cases involving trademarks or copyrights, an injunction is usually granted regardless of any delay in taking a legal action. This blog is a summary of the case so far. Continue Reading The Battle over “KHAN CHACHA” Trademark
Learn how to unlock the power of branding with our exclusive discusssion on Trademark Registration for MSMEs and Start-Ups. Join senior partner Sanjeeth Hegde from BananaIP Counsels at our head office in Bangalore on February 17th, 2023, and gain insight into brand building dynamics, the importance of trademarks, and how to get one. This event is catered to key decision makers in FMCG, IT, Electronics, Electrical, Telecom, and Mechanical industries and there are limited seats available – register now! Continue…
The trial in the case Hermès International v. Mason Rothschild [22-CV-384 (JSR) (S.D.N.Y. May. 18, 2022)] has begun on 30th January 2023 in the District Court of Southern District of New York. The case, the first of its kind, raises pertinent questions regarding the intersection between Trademark and Non-Fungible Tokens and the exception of artistic expressions under the Rogers Test. The discussion on the issues in the case has been summarised in this blog. Continue Reading Can NFTs in Virtual…
This post details a case between U.S.-based company ‘SUBWAY’ and Infinity Foods LLLP over allegations of trademark infringement. The court dismissed the application for an interim injunction due to changes made by the defendants within a week, as they deemed there was no point of infringement. Continue Reading Subway Loses Battle for Interim Injunction against Suberb
This news has been prepared by Trademark Team at BananaIP Counsels to provide an overview of the latest developments in trademark law. Highlights include the Delhi High Court denying an interim injunction on the ‘Schezwan Chutney’ trademark, the similar pattern registered as a design does not disentitle trademark registration, no claim of trademark protection over words alone for ‘SANJHA CHULLAH’, and Kashmiri Crafts in line for Geographical Origin Stamps. These recent judgments by courts show the importance of your brand’s…