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…
Stay up to date with the latest news related to copyright infringement, PEMRA raids and IP licensing agreements. Read this post to learn more about Delhi High Court’s summons of Triller in a copyright infringement case filed by Yash Raj Films, PEMRA’s raid on Islamabad cable operators for airing illegal Indian content and Adeia Inc.’s media IP licensing agreement renewal with FetchTV for entertainment services in Australia. Continue Reading Delhi HC Summons Triller, PEMRA Raids Cable Operators Over Indian Content,…
This week’s trademark updates are as follows –
PhonePe' vs 'DIGIPE' - Madras High Court grants interim relief to the plaintiff
PhonePe Private Limited, the plaintiff, has been in the Unified Payments Interface (UPI) business since 2016. DigiPe Fintech Private Limited, the defendant filed an application for registration of the mark "DIGIPE" in September 2022 even after being issued a legal notice by PhonePe. The Madras High Court has temporarily restrained defendant from using its mark 'DIGIPE' following a trademark infringement…
This week’s trademark updates are as follows –
Delhi HC grants interlocutory injunctive reliefs for infringing the trademark of Radio Mirchi
Radio Mirchi, the plaintiff claimed to be the registered owner of the device mark “Mirchi” under the brand name “Sunday Suspense” on various webpage/web link/application/intermediary platform. The defendants, Tuneincom and others, were alleged to have engaged in unauthorized and illegal broadcasting, transmission and communication of the plaintiff’s copyrighted audio content. It was observed as a prima facie case of infringement.…