Indian trademark cases 2021 Archives

RECAP 2021- INDIAN TRADEMARK CASE LAWS

This post provides a summary of Indian Trademark Cases for the year 2021 El Baik Food Systems Co. S.A vs Arsalan Wahid Gilkar & Anr. In a recent decision, the Delhi High Court granted an Ex-parte Injunction against use of the trademark ‘Albaik’ for restaurants and related services. The Plaintiff in the case was the Albaik Group based out of Saudi Arabia, which started its business in 1986. The Plaintiff briefly operated under the mark, Albaik, in India between 2017 and…

January 31, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 6233Views 2Likes

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Latest Trademark Cases in 2021 – Part 11

Avtar Singh & Ors. v. Sakshi Srivastava & Anr. There were four Plaintiffs in this case, i.e., Mr. Avtar Singh, Mr. Harkirat Singh, Aero Traders Private Ltd. and Aero Associates Pvt. Ltd., who co-owned M/s Aero Club. They filed an application for the trademark “WOODS” in the club’s name firstly in 1994 and 1996 under Class 25 and in 2017 under Class 3. The Plaintiffs together subsequently registered trademarks “WOODLAND”, “WOODLAND” (stylised) and other “WOODLAND” marks on varying dates in…

November 14, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 3827Views 1Like

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Latest Trademark Cases in 2021 – Part 10

Geetanjali Studio Private V. Nuxi To Kut N Kurl Private Limited In this case, Geetanjali Studio Private, the Plaintiff filed an application under Order 39 Rule 1 and 2 of the Civil Procedure Code 1908 seeking prima facie ex-parte injunction to restrain Nuxi To Kut N Kurl Private Limited, the Defendant, from offering for sale of any services or goods under the marks GEETANJALI, GEETANJALI SALON, GEETANJALI STUDIO or any other identical or deceptively similar marks. The Plaintiff entered into…

October 20, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 2696Views 1Like

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Latest Trademark Cases in 2021 – Part 9

Hindustan Unilever Limited v. Vansh Cosmetic and Anr In this case, the Plaintiff was the true proprietor of the marks “LAKME”, “LAKME NINE TO FIVE, NINE TO FIVE”, “9 to 5”, “LAKME EYECONIC”, “LAKME ABSOLUTE”, “LAKME ABSOLUTE WHITE INTENSE”, “LAKME ABSOLUTE ARGAN OIL RADIANCE” and many others, which had been successful in the market since 2011. Around July 2021, it was found that the Defendants were selling the counterfeit cosmetic products/goods of “LAKME” brand the counterfeit products were a blatant…

October 20, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 3403Views 0Like

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Latest Trademark Cases in 2021 – Part 8

Prateek Chandragupt Goyal vs The State of Maharashtra and Anr. In this case, the petitioner, Prateek Goyal, a journalist working with Newslaundry filed a writ petition to quash the First Information Report registered against him at Vishrambaug Police Station, Pune for offences under Section 103 of the Trade Marks Act, 1999. The FIR was registered against the petitioner by Chief Administrative Officer of Sakal Group for writing highly defamatory articles against the Sakal Media Group and that use of the…

September 29, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 2959Views 0Like

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Latest Trademark Cases in 2021 – Part 7

Victoria Foods Private Limited v. Rajdhani Masala Co. & Anr. In this case, the Plaintiff claimed to have originally conceived and adopted the trademark “Rajdhani” for food products, condiments, confectionary, etc. Through social media it found that the Defendants, engaged in the business of Indian Spices under the name of “Rajdhani Masale Co.” and “New Rajdhani Masala Co.” were using its trademark and labels on their products. Aggrieved by the same, Plaintiff filed a suit as well as an interim…

September 7, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 4795Views 0Like

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Latest Trademark Cases in 2021 – Part 6

RELIANCE INDUSTRIES LIMITED AND ANR. VS ASHOK KUMAR In this case, Reliance Industries Limited, the Plaintiff, found a hardware fittings and bathroom accessories retailer using their well-known mark ‘JIO’ and hence filed a trademark & copyright infringement suit before the Bombay High Court. The Defendant on 11th June, 2021 had filed two applications for registration of the mark JIO and pirated artwork which were advertised, claiming use since 16th December, 2016. The court noted that the Defendant not only copied…

August 26, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 4517Views 0Like

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Latest Trademark Cases – 2021 | Part 1

This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. El Baik Food Systems Co. S.A vs Arsalan Wahid Gilkar & Anr In a recent decision, the Delhi High Court granted an Ex-parte Injunction against use of the trademark 'Albaik' for restaurants and related services. The plaintiff in the case was the Albaik Group based out of Saudi Arabia, which started its business in 1986. The plaintiff briefly…