Trademarks Archives | Page 7 of 68

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 758Views 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 402Views 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 416Views 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 406Views 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

August 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 374Views 1Like

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Tusk of War : Girnar’s Jumbo Overpowers North-Western’s Haathi

Girnar Food & Beverages Pvt. Ltd. wins a significant legal battle as the Calcutta High Court cancels The North-Western Cachar Tea Co. Ltd.’s trademark registration. The Court cited brand confusion and insufficient evidence of use by North-Western. Continue Reading Tusk of War : Girnar’s Jumbo Overpowers North-Western’s Haathi

July 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 331Views 2Likes

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Madras HC on Phonetic Similarity: Little Einsteins vs. Little Einsteinz

The Madras High Court ruled in favor of Sebille Educations, asserting that phonetic similarity takes precedence over visual differences in the trademark dispute between “Little Einsteins” and “Little Einsteinz,” emphasizing the importance of protecting established brands from deceptively similar marks. Continue Reading Madras HC on Phonetic Similarity: Little Einsteins vs. Little Einsteinz

July 24, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 385Views 1Like

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Court Checks Out: ‘GINGER’ Hotel’s Fraudsters Blocked

The Delhi High Court has issued an ex parte ad interim injunction in favor of Indian Hotel Company Limited (IHCL), blocking fraudulent websites impersonating Ginger Hotels. The Court’s decision protects IHCL’s trademark and prevents ongoing financial fraud, safeguarding the company’s reputation and consumers’ trust. Continue Reading Court Checks Out: ‘GINGER’ Hotel’s Fraudsters Blocked

July 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 581Views 3Likes

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Heifer’s Bullish Trademark Strategy Prevails: Court Grants Permanent Injunction

The Delhi High Court granted a permanent injunction in favor of Heifer Project International against Heifer Project India Trust and Mr. Pran K Bhatt for trademark infringement. The ruling prevents the defendants from using the “Heifer” trademarks and mandates the destruction of all materials bearing the infringing marks. Nominal damages and costs were also awarded to the plaintiff. Continue Reading Heifer’s Bullish Trademark Strategy Prevails: Court Grants Permanent Injunction

July 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 311Views 1Like

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Whose mark got the ‘X’ Factor? Relaxo Footwear vs XS Brands

The Delhi High Court analyzed a trademark dispute between Relaxo Footwears Limited and XS Brands Consultancy over the use of the ‘X’ device mark. Despite Relaxo’s claims of prior use, the court found in favor of XS Brands, citing the limited likelihood of consumer confusion and the crowded trademark register. Continue Reading Whose mark got the ‘X’ Factor? Relaxo Footwear vs XS Brands