Trademarks Archives

The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.

The Delhi High Court has sent a trademark application for the word “Bharat” with a device back to the examiner for re-evaluation. While a previous court order ruled the mark distinctive, it failed to address objections about potential genericness. This case highlights the importance of a thorough trademark examination process. Continue Reading The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.

March 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 604Views 0Like

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The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of…

March 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 715Views 0Like

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Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Delhi High Court recently ruled in favour of Sterling Agro Industries, protecting their “NOVA” trademark for dairy products from a deceptively similar mark “NOVYA” used by ASR Trading Company. The Court noted the similarity in marks and packaging, the abandoned trademark application by ASR, and their its to prove otherwise, leading to a permanent injunction and penalty against the defendant. Continue Reading Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

March 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 462Views 0Like

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Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Kalyan Jewellers successfully defended its trademarks ‘Kalyan’ and ‘Kalyan Jewellers’ against cybersquatting through a recent Madras High Court ruling. The Court ordered the transfer of the infringing domain name “kalyanjewellers.com” to Kalyan Jewellers after the WIPO arbitration panel couldn’t decide on the case due to the requirement of proving bad faith. Continue Reading Injunction against use of Kalyan and Kalyan Jewellers Trademarks

March 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 633Views 0Like

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Trademark refusal without notice and ‘40’ suffix similarity

Recent rulings spotlight service notice issues and trademark similarity. The Delhi High Court addresses ‘HP-40 vs WD-40’ similarity and rectifies an opposition notice lapse for ‘ASLI AMLA, SIRF DABUR AMLA’. Continue Reading Trademark refusal without notice and ‘40’ suffix similarity

March 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 404Views 0Like

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Trademark removal only after notice, and Fly Hi/Timespro Injunctions

Recent trademark cases include injunctions against ‘Fly Hi’ and ‘Timespro’ by the Delhi High Court, and a pivotal Bombay High Court decision on renewal notices for trademark removal. These cases highlight the courts’ proactive stance in protecting registered trademarks and ensuring proper procedural adherence for trademark renewal and removal, emphasizing the importance of timely legal action. Continue Reading Trademark removal only after notice, and Fly Hi/Timespro Injunctions

March 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 535Views 0Like

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Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court recently ruled that the “prosecution history estoppel” principle applies to trademark cases. This means that statements made during the trademark registration process about similarities with other trademarks can be used against the applicant in future infringement lawsuits. The Court also emphasized the importance of disclosing all relevant information, including prosecution history, in trademark lawsuits. Continue Reading Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

February 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 561Views 0Like

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3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

Exploring recent trademark infringement cases: HUL’s settlement with counterfeiters, damages awarded in ‘Ahuja’ counterfeiting case, and cancellation of ‘Tiche’ trademark due to wrongful registration. Continue Reading 3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

February 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 431Views 0Like

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Will a trademark invalidity plea in response to an interim application count for Section 124?

This blog post discusses a recent court case in India concerning the validity of raising a trademark invalidity plea against an interim application under Section 124 of the Trade Marks Act. The court ruled that a plea of invalidity can be raised not only in the written statement but also in other pleadings and submissions, including counter-affidavits to interim applications. Continue Reading Will a trademark invalidity plea in response to an interim application count for Section 124?

February 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 369Views 0Like

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Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

Exploring recent judgments from the Delhi, Calcutta, and Madras High Courts on trademark disputes involving ‘Biriyani King’, ‘MI Sumeet vs. Nikoda Sumeet’, and ‘Toofan’, and understanding the courts’ approach to trademark protection. Continue Reading Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

February 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 418Views 0Like

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The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.

The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Trademark refusal without notice and ‘40’ suffix similarity

Trademark removal only after notice, and Fly Hi/Timespro Injunctions

Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

3 Roses, Brooke Bond, Tiche, and Ahuja Trademark Cases

Will a trademark invalidity plea in response to an interim application count for Section 124?

Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

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