Celebrating 20 Years of IP Excellence

Can you reuse a discarded bottle to refill and sell your own goods or products?

Can you reuse a discarded bottle to refill and sell your own goods or products?

The Madhya Pradesh High Court ruled in favor of Mount Everest Breweries Ltd., prohibiting the reuse of embossed beer bottles. The decision upheld the Excise Commissioner’s order, stating that reusing marked bottles leads to consumer deception and violates intellectual property rights. The appeal overturned the previous order, reinforcing legal protections for trademarks in the beer industry. Continue Reading Can you reuse a discarded bottle to refill and sell your own goods or products?

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand. Continue Reading Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

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‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers' rights

‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

The Delhi High Court ruled on a trademark dispute between ‘Big Dipper’ and ‘Big Deeper,’ setting aside an ex parte injunction. The case centered on the assertion of transborder reputation by importers of the ‘Big Dipper’ mark. The Court relied on precedent to determine that mere global reputation is insufficient to claim trademark protection in India. The matter was remanded for fresh consideration. Continue Reading ‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

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Shoes, footwears and deceptive similarity in Trademark law

Shoes, footwears and deceptive similarity in Trademark law

The Delhi High Court granted a permanent injunction in favor of New Balance Athletics, Inc., restraining Kiran Shoe Company from infringing its trademarks. The Court awarded ₹7,00,000 in damages and costs, emphasizing that the defendant’s actions were deliberate and aimed at leveraging New Balance’s reputation. Continue Reading Shoes, footwears and deceptive similarity in Trademark law

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Court reiterates importance of protecting consumers from confusion in case of pharma products

Court reiterates importance of protecting consumers from confusion in case of pharma products

The Delhi High Court deliberated a trademark infringement case between Modi MundiPharma and Win Health Pharma. Allegations of deceptively similar trademarks in pharmaceutical products were raised, with the Court emphasizing the risk of consumer confusion. The application to challenge the validity of the defendant’s marks was disposed of, framing key issues on the marks’ invalidity. Continue Reading Court reiterates importance of protecting consumers from confusion in case of pharma products

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"ACTIV" Trademark watch by CASTROL leads to win against deceptively similar mark

“ACTIV” Trademark watch by CASTROL leads to win against deceptively similar mark

The Delhi High Court granted Castrol Limited a permanent injunction and Rs. 7 lakh in damages in a trademark and copyright infringement case against Vivek Sen and another defendant. The defendants were restrained from using marks deceptively similar to Castrol’s trademarks, with evidence showing deliberate consumer misdirection. Continue Reading “ACTIV” Trademark watch by CASTROL leads to win against deceptively similar mark

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Cannot drive on 'VOLVO' and 'FMX' marks' reputation rules court

Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

The Delhi High Court passed a permanent injunction and summary judgment in favor of AB Volvo and its group companies in a trademark infringement suit against Lamina Suspension Products Ltd. The court restrained the Defendant from using the “VOLVO” and “FMX” trademarks on leaf spring products, enforcing the settlement terms and protecting Volvo’s well-known trademarks in India. Continue Reading Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

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A jolly win for 'JOLLY RANCHER' against 'JOKY RAMPER'

A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’

The Delhi High Court issued a permanent injunction and awarded damages to Iconic IP Interests LLC and The Hershey Company in a trademark infringement and passing off case against Sarju Confectionery LLP. The defendant was found guilty of exploiting the goodwill associated with the “JOLLY RANCHER” mark by using a deceptively similar mark, “JOKY RAMPER,” and packaging. Continue Reading A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’

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Not everyone's cup of coffee! Cothas Coffee sips a trademark victory

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

The Bengaluru Court ruled in favor of Cothas Coffee in a trademark infringement and passing-off suit, granting a permanent injunction against Defendants for using “COTHA.” The case highlights the importance of trademark rights and adherence to legal agreements in competitive business practices. Continue Reading Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

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The sticky trademark fight between "FIGHTER" and "FITTER"

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court has granted interim relief to Kamal Kumar Hirawat, restraining Maruti Poly Films from using the trademark “FITTER.” The Court held that the mark was deceptively similar to the petitioner’s registered trademark “FIGHTER,” used for adhesive tapes since 1995, and could cause consumer confusion, potentially harming the petitioner’s business. Continue Reading The sticky trademark fight between “FIGHTER” and “FITTER”

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