Trademarks Archives

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

January 15, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 158Views 0Like

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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

January 13, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 174Views 1Like

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“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

December 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 376Views 0Like

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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

December 21, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 334Views 1Like

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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’

December 18, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 279Views 1Like

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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

December 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 300Views 2Likes

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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”

December 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 330Views 1Like

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Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court dismissed Monster Energy’s appeal against the refusal to register “Energy for the Journey” as a trademark, citing lack of distinctiveness. The Court upheld that generic or descriptive marks cannot be monopolized without evidence of secondary significance, allowing the appellant to reapply upon establishing distinctiveness through prolonged use. Continue Reading Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

December 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 430Views 1Like

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Delhi High Court Protects Hindware’s Trademark and Design Rights

The Delhi High Court granted interim injunctions in favor of Hindware Limited, restraining the Defendants from infringing Hindware’s trademarks and registered design. This landmark ruling underscores the importance of protecting trademark and design rights against counterfeit products. Continue Reading Delhi High Court Protects Hindware’s Trademark and Design Rights

December 10, 2024 IP AI Reporter Case Reviews, Industrial Designs, Intellectual Property, Trademarks 0Comment 347Views 2Likes

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Trademark Win: Swatch Group’s careful watch leads to Permanent Injunction

The Patiala House Courts in New Delhi delivered a decisive ruling in favor of Swatch Group, issuing a permanent injunction against four traders for trademark infringement and passing off. The court ordered the destruction of counterfeit goods and awarded costs to the plaintiffs, affirming their statutory rights under the Trade Marks Act, 1999. Continue Reading Trademark Win: Swatch Group’s careful watch leads to Permanent Injunction