Injunction Archives

Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High Court

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. Continue Reading Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High Court

May 2, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Privacy / Data Protection, Trade Secrets 0Comment 535Views 0Like

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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. Continue Reading Non-use of trademark is not a valid defense against injunction

April 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 700Views 1Like

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Use 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. Continue Reading Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

March 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 460Views 0Like

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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. Continue Reading Delhi High Court issues injunction against Software Piracy

March 9, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property, Open Source Licensing, Software 0Comment 694Views 0Like

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Prosecution 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. Continue Reading Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

February 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 550Views 0Like

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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. Continue Reading Another dynamic plus order to curb online piracy from the Delhi High Court

February 16, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection, Social Media Law 0Comment 916Views 0Like

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Delhi 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. Continue Reading Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

March 3, 2023 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 1594Views 0Like

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Weekly 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 Matter The Karnataka High Court issued notices to Rahul Gandhi, Jairam Ramesh, and Supriya Shrinate of the Indian National Congress in response to a contempt petition filed by MRT Music alleging that the respondents have not removed videos uploaded to the social media accounts of Congress and Bharat Jodo that infringe upon its copyright in KGF chapter-2's…

December 9, 2022 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Social Media Law 0Comment 1116Views 0Like

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Restaurants 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. Continue Reading Restaurants and Well Known Trademarks: The Case of Bukhara

November 30, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1507Views 0Like

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Latest 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 Steel Industries Limited The Plaintiff, Shyam Sel and Power Limited filed a suit against the Defendant, Shyam Steel Industries Limited for the infringement of its Trademark and passing off, as the Defendant was using the plaintiff’s registered trademark ‘SHYAM’ on its invoices. Both the parties were involved in manufacturing and selling Thermo-mechanically treated bars, leading to…

August 24, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2055Views 0Like

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Celebrating 20 Years of IP Excellence

Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High Court

Non-use of trademark is not a valid defense against injunction

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

Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

Restaurants and Well Known Trademarks: The Case of Bukhara

Latest Trademark Cases in 2022 – Part 6

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