Intellepedia | Page 16 of 293

“VARUN” scoops up an icy win against “ARUN”, court affirms co-existence of Trademarks

The Madras High Court upheld the coexistence of ARUN and VARUN trademarks, citing lack of evidence of confusion and acquired distinctiveness. The petition for cancellation of the VARUN mark was dismissed, allowing both marks to remain in use.

Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

The Calcutta High Court clarified that resale of lawfully acquired TMT bars does not infringe trademark rights if the goods are unaltered and obtained from authorized distributors. This case sets important precedent on the application of trademark exhaustion under Indian law.

CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

The Madras High Court ruled that Coimbatore Institute of Technology’s prior use entitled it to exclusive rights over the CIT trademark. The court ordered the removal of the respondent’s registration, highlighting the importance of distinctiveness and transparency in trademark disputes.

Court restores patent application despite missed deadline to file request for examination

The Delhi High Court restored a patent application that was deemed withdrawn after a missed Form 18 deadline caused by agent negligence. The Court held that applicants should not be penalised for their representative’s errors, affirming the applicant’s diligent intent.

Telugu Actor Manchu Vishnu gets a John Doe Order to prevent misuse of his Name, voice and Likeness

The Delhi High Court has issued an interim John Doe order in favour of Telugu actor Manchu Vishnu to prevent unauthorised use of his name, voice, and likeness by content creators. This case highlights judicial protection of personality and publicity rights under Indian law.

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

The Madras High Court dismissed Scrum Alliance’s petition for rectification of the CSM trademark, citing insufficient proof of prior use and upholding honest and concurrent use by the respondent. The decision clarifies the application of Section 34 of the Trade Marks Act regarding concurrent rights.

Importers Watch Out! Tag Heuer times out counterfeit watches

The Delhi court ruled in favour of Tag Heuer in a trademark infringement case involving counterfeit watch imports. The decision imposed damages, destruction of goods, and reinforced the importance of importer diligence and trademark enforcement.

Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

The Delhi High Court ordered restoration of a lapsed patent after finding that the Patent Office’s communication error led to non-payment of renewal fees. The judgment highlights the responsibility of authorities to ensure proper notification in patent matters.

Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

The Delhi High Court has restrained the fraudulent use of the ‘TAJ’ hotel trademark and awarded damages to Indian Hotels Company Limited. This case highlights the court’s approach to trademark and copyright infringement in India’s hospitality sector.

Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

The Delhi High Court held that without a written agreement, trademarks cannot be assigned in family disputes. The court restored exclusive rights to the registered proprietor, reinforcing the importance of proper legal documentation for trademark transfers in India.