Trademarks Archives

Thou shall not ‘STEEL’ a trademark, says court

The Madras High Court recently ruled in favor of Prakash Ferrous Industries in a trademark dispute over the ‘TIRUMALA’ mark used on TMT steel bars, granting a permanent injunction against Mansarowar Ispat. Continue Reading Thou shall not ‘STEEL’ a trademark, says court

August 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 323Views 2Likes

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Rebanta Healthcare gets hurt in fight over the mark “REBAHEAL”

In a recent ruling, the Delhi High Court granted interim relief to Dr. Reddy’s Laboratories by restraining Rebanta Healthcare from using the ‘REBAHEAL’ trademark. The court found that the use of the identical mark by Rebanta could lead to confusion and potential health risks, highlighting the importance of protecting trademark rights in the pharmaceutical industry. Continue Reading Rebanta Healthcare gets hurt in fight over the mark “REBAHEAL”

August 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 362Views 3Likes

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DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

The Delhi High Court set aside the refusal order for the ‘DISPOWAY’ trademark after confirming that Disposafe Health And Life Care Limited did not receive the hearing notice. The court remanded the matter to the Registrar of Trademarks, directing the issuance of a fresh notice and restoration of the application. Continue Reading DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

August 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 273Views 2Likes

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Jumbo Tramples Haathi Trademark Registration

The Calcutta High Court ruled in favor of Girnar Food & Beverages Pvt. Ltd., overturning the Registrar’s decision and quashing the registration of a deceptively similar ‘HAATHI’ mark by Bicrampore Tea Estate. This ruling underscores the significance of consumer perception and the potential for deception in trademark disputes. Continue Reading Jumbo Tramples Haathi Trademark Registration

August 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 269Views 1Like

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Indian IP Office Orders Re-evaluation of Trademark Applications

The Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) has issued a directive for the re-validation of trademark applications processed by officers hired through the Quality Council of India. The process will involve a two-tier review system to ensure accuracy and compliance with current legal provisions, with a goal of processing 250 applications per day. Continue Reading Indian IP Office Orders Re-evaluation of Trademark Applications

August 14, 2024 IP AI Reporter Intellectual Property, Trademarks 0Comment 455Views 1Like

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Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

The Gujarat High Court’s decision in the Unisn vs. Unison case provides critical insights into evaluating trademark infringement. The court emphasized a holistic view of trademarks, considering the distinctiveness of goods and services, thereby ruling out the likelihood of confusion. This case reinforces the importance of product differentiation in trademark disputes. Continue Reading Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

August 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 509Views 0Like

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Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

The Bombay High Court in Atyati vs. Cognizant emphasized the critical need for full and transparent disclosure in ex-parte injunctions, ruling against Atyati for suppressing material facts. This case highlights the importance of integrity in the judicial process, especially in intellectual property disputes. Continue Reading Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

August 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 328Views 0Like

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Novartis says No to Novarish

In a landmark decision, the Bombay High Court granted Novartis AG an ad-interim injunction against Novarish Healthcare Private Limited for trademark infringement. Novartis successfully argued that Novarish’s use of the “NOVARISH” mark was deceptively similar to its well-known “NOVARTIS” trademark, leading to the court’s decision to protect Novartis’s intellectual property rights. Continue Reading Novartis says No to Novarish

August 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 372Views 0Like

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Did Emerge Classes’ mark fail the ‘passing off’ test?

The Srinagar Bench of the Jammu and Kashmir High Court dismissed an appeal by Emerge Classes in a trademark passing off case. The court emphasized that minor differences in trademarks do not necessarily make them distinct, upholding the injunction in favor of KIE and its associated entities. Continue Reading Did Emerge Classes’ mark fail the ‘passing off’ test?

August 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 365Views 1Like

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Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress

Glaxo Group Limited secured a legal victory in a trade dress dispute against Qpharm Health Care Limited. The Delhi High Court restrained Qpharm from using deceptively similar packaging and ordered the removal of infringing listings from third-party websites, protecting Glaxo’s established trademarks. Continue Reading Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress