Gujarat High Court upheld a lower Court decision denying an injunction to a diamond company (Sonani Industries) against its former employees who started a competing business using similar technology. The Court found the technology wasn’t confidential and employees can’t be restricted from competition.
Read more about Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High CourtTag: Injunction
Non-use of trademark is not a valid defense against injunction
A Taiwanese adhesive tape company successfully obtained an injunction against a competitor using “Reindeer” and “Reindeer Wonder” trademarks on PVC pipes. The Court found these marks deceptively similar to the plaintiff’s “Deer” brand and intended to mislead customers.
Read more about Non-use of trademark is not a valid defense against injunctionUse 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.
Read more about Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”Delhi High Court issues injunction against Software Piracy
Software giant Bentley Systems successfully obtained an injunction from the Delhi High Court against a company for copyright infringement of its software programs. This case highlights the legal recourse available to software companies in India to protect their intellectual property.
Read more about Delhi High Court issues injunction against Software PiracyProsecution 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.
Read more about Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.Another dynamic plus order to curb online piracy from the Delhi High Court
Delhi High Court cracks down on piracy! In this case, the Court granted an injunction against 28 rogue websites pirating Universal Studios content. The injunction covers not just existing websites but also future versions and new ones that may arise. This applies to future Universal Studios content as well. ISPs and domain name registrars were ordered to block access and provide details of owners.
Read more about Another dynamic plus order to curb online piracy from the Delhi High CourtDelhi High Court Declares Hermès’ “H” a Well-Known Trademark
Recently in a trademark infringement case between Hermès International & Anr. v. Crimzon Fashion Accessories Private Limited, the Delhi High Court ruled that the “H” mark of the French Luxury brand Hermès International is a well-known mark, after ordering a permanent injunction against Crimzon for infringing use of the mark on its website.
Read more about Delhi High Court Declares Hermès’ “H” a Well-Known TrademarkWeekly Copyright, Media, and Entertainment Law Updates
This week’s copyright, media, and entertainment law updates are as below: Karnataka HC Issues Contempt Notice to Congress Leaders in KGF Song Copyright Infringement...
Read more about Weekly Copyright, Media, and Entertainment Law UpdatesRestaurants and Well Known Trademarks: The Case of Bukhara
Read about the Delhi High Court’s decision to declare the trademark “Bukhara” as a well-known mark of ITC Limited for its restaurant business. Learn about the evidence presented in the case and the relief granted by the Court to ITC to protect its trademark from being used by Central Park Estates in their restaurant.
Read more about Restaurants and Well Known Trademarks: The Case of BukharaLatest Trademark Cases in 2022 – Part 6
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Shyam Sel and Power Limited Vs. Shyam...
Read more about Latest Trademark Cases in 2022 – Part 6