Trademarks Archives

Court Orders Take Down of Influencer’s Disparaging Videos and Posts about Sugar in Complan

The Delhi High Court granted an interim injunction against social media influencer Prashant Desai, restraining him from publishing disparaging content about Zydus Wellness’ trademark “COMPLAN.” The court found that Desai’s statements about the product’s sugar content were misleading and unsupported by scientific evidence, directing the removal of his videos and posts to prevent further harm to the brand’s reputation. Continue Reading Court Orders Take Down of Influencer’s Disparaging Videos and Posts about Sugar in Complan

October 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 193Views 0Like

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VANS obtains injunction against Trademark infringement under John Doe principles

VANS Inc. secured a permanent injunction against Gopal Goyal in a trademark infringement case before the Delhi District Court. The Court found Mr. Goyal guilty of selling counterfeit products under VANS’ mark, ordered the confiscation of infringing goods, and awarded VANS exemplary damages of ₹50,000 for reputational and financial losses. Continue Reading VANS obtains injunction against Trademark infringement under John Doe principles

October 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 159Views 1Like

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“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

In a recent ruling, the Delhi High Court dismissed L’Oréal India’s appeal to cancel the CLARIWASH trademark, affirming that no deceptive similarity exists between L’Oréal’s CLARI-formative marks and the CLARIWASH mark. Continue Reading “CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

October 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 147Views 1Like

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Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

The Delhi High Court dismissed Wipro’s appeal, upholding an interim injunction favoring Himalaya Wellness in the ‘Evecare’ trademark dispute. The court found that Wipro’s use of the identical mark for its female hygiene product created a likelihood of confusion with Himalaya’s Ayurvedic uterine tonic, which had been in use since 1997. The decision emphasized the precedence of prior use over trademark registration in cases of passing off. Continue Reading Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

October 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 192Views 1Like

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Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High Court

The Bombay High Court granted an interim injunction in favor of Hindustan Unilever Limited (HUL) against Abbott Laboratories, restricting the circulation of an advertisement for Ensure Diabetes Care. HUL argued that Abbott’s advertisement disparaged its Horlicks Diabetes Plus by creating a misleading impression. The court found merit in HUL’s claims, noting the ad’s intent to undermine its competitor. Continue Reading Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High Court

October 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 197Views 1Like

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Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, holding that Micky Metals’ use of the “LUX TMT” mark constituted passing off. The Court granted a permanent injunction, emphasizing that the Plaintiffs’ trademark rights extended even to dissimilar goods. Continue Reading Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

October 3, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 184Views 0Like

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Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

The Delhi High Court dismissed Rasayanam Enterprises’ appeal against an injunction in a trademark infringement case concerning the deceptive packaging of Shilajit. The court found Rasayanam’s 20 gm packaging deceptively similar to Upakarma Ayurveda’s trademark, thus upholding the interim injunction, emphasizing consumer confusion in competitive products. Continue Reading Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

October 1, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 295Views 1Like

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Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

The Delhi High Court issued a permanent injunction in favor of Kaira District Cooperative Milk Producers Union, prohibiting Bio Logic from using the “AMUL” trademark for pharmaceutical products. The court found Bio Logic’s use of the trademark deliberate and awarded Kaira Rs. 5,00,000 in damages and costs. Continue Reading Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

September 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 341Views 2Likes

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‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

In the case of Koteshwar Chemfood Industries Pvt. Ltd. v. Sachdeva and Sons Industries Pvt. Ltd., the Delhi High Court ordered rectification of the ‘PRIME’ trademark, removing salt and spices due to non-use, following a petition filed by Koteshwar Chemfood. Continue Reading ‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

September 27, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 306Views 1Like

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Flipkart’s Latching On Feature and Trademark Passing Off

The Delhi High Court ruled in favor of Modern Mold Plast, directing Flipkart to block unauthorized sellers from using the ‘MAHARAJA’ trademarks on its platform. The court confirmed that unauthorized sellers latching onto existing listings amounted to passing off and infringing upon the plaintiffs’ trademark rights. Continue Reading Flipkart’s Latching On Feature and Trademark Passing Off

September 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 378Views 1Like

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Celebrating 20 Years of IP Excellence

VANS obtains injunction against Trademark infringement under John Doe principles

“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High Court

Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement

Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

Flipkart’s Latching On Feature and Trademark Passing Off

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