In a recent ruling, the Delhi High Court dismissed L’Oréal India’s appeal to cancel the CLARIWASH trademark, affirming that no deceptive similarity exists between L’Oréal’s CLARI-formative marks and the CLARIWASH mark. Continue Reading “CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched
The Delhi High Court dismissed Wipro’s appeal, upholding an interim injunction favoring Himalaya Wellness in the ‘Evecare’ trademark dispute. The court found that Wipro’s use of the identical mark for its female hygiene product created a likelihood of confusion with Himalaya’s Ayurvedic uterine tonic, which had been in use since 1997. The decision emphasized the precedence of prior use over trademark registration in cases of passing off. Continue Reading Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation
On 1 October 2024, the Delhi High Court granted an ex-parte ad-interim injunction in favor of Kent RO Systems Ltd. in a case involving design infringement and passing off. The court restrained the defendants from selling infringing water purifiers and directed Flipkart to remove all listings of the infringing products. Continue Reading Design infringing water purifiers taken down from Flipkart
The Delhi High Court overturned the Deputy Controller’s decision rejecting Axcess Limited’s patent application. The Court ruled that the amended claims were within the scope of the original application and remanded the case for fresh consideration, providing guidance on permissible amendments under the Patents Act, 1970. Continue Reading Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates
The Delhi High Court dismissed Rasayanam Enterprises’ appeal against an injunction in a trademark infringement case concerning the deceptive packaging of Shilajit. The court found Rasayanam’s 20 gm packaging deceptively similar to Upakarma Ayurveda’s trademark, thus upholding the interim injunction, emphasizing consumer confusion in competitive products. Continue Reading Good Karma prevails for Upakarma yet again, court affirms injunction against Trademark infringement
The Delhi High Court issued a permanent injunction in favor of Kaira District Cooperative Milk Producers Union, prohibiting Bio Logic from using the “AMUL” trademark for pharmaceutical products. The court found Bio Logic’s use of the trademark deliberate and awarded Kaira Rs. 5,00,000 in damages and costs. Continue Reading Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’
In the case of Koteshwar Chemfood Industries Pvt. Ltd. v. Sachdeva and Sons Industries Pvt. Ltd., the Delhi High Court ordered rectification of the ‘PRIME’ trademark, removing salt and spices due to non-use, following a petition filed by Koteshwar Chemfood. Continue Reading ‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use
The Delhi High Court ruled in favor of Modern Mold Plast, directing Flipkart to block unauthorized sellers from using the ‘MAHARAJA’ trademarks on its platform. The court confirmed that unauthorized sellers latching onto existing listings amounted to passing off and infringing upon the plaintiffs’ trademark rights. Continue Reading Flipkart’s Latching On Feature and Trademark Passing Off
The Delhi High Court granted an interim injunction in favor of Himalaya Global Holdings, restraining the defendants from infringing on the “Liv.52” trademark and using deceptively similar packaging. The court also appointed local commissioners to seize infringing products and gather evidence at the defendants’ premises. Continue Reading “Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!
The Delhi High Court issued an interim injunction in favor of Anand And Anand, safeguarding its trademark against fraudulent impersonation in emails. The court also ordered the blacklisting of email addresses used by cybercriminals and instructed service providers to disclose their identities. Continue Reading Delhi High Court issues injunctions for fraudulently using IP Law Firm’s Trademark and Partner’s Name