The Gujarat High Court’s decision in the Unisn vs. Unison case provides critical insights into evaluating trademark infringement. The court emphasized a holistic view of trademarks, considering the distinctiveness of goods and services, thereby ruling out the likelihood of confusion. This case reinforces the importance of product differentiation in trademark disputes. Continue Reading Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion
In a recent ruling, the Delhi High Court upheld the decision to refuse CEAT Limited’s trademark application for “FARMAX.” Citing significant delay and potential confusion with existing marks, the Court dismissed the appeal. The decision underscores the importance of timely action and highlights the necessity for distinctiveness in trademark applications. Learn more about the case: Ceat Limited vs The Registrar Of Trade Marks. Continue Reading Citing gross delay and strong likelihood of confusion, court refuses CEAT’s appeal
The Delhi High Court while deciding an application for interim injunction, held that the defendants did not infringe the plaintiff’s registered trademarks or pass off its products as those of the Plaintiff.
The Plaintiff, instituted a civil suit, against Defendant 1, Suncity Sheets Pvt. Ltd. ("SSPL"), and Defendant 2, Rachna Nitin Jindal, wife of Nitin Kumar Jindal, Manager of SSPL, based on its rights over the word mark “JINDAL” registered in classes 6 and 17. The Plaintiff’s case was that the…
The Delhi High Court allowed an interlocutory injunction against the Defendants to restrict their use of the mark “TOWER” to manufacture and sell dry fruits. This Court stated that a defendant cannot determine the ambit of what constitutes “Plaintiff’s goods of interest”. Continue Reading Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits
In this post we will be analyzing whether a numeral Trade mark can be deceptively similar to another mark consisting of different numerals. This issue has recently been dealt with by the Delhi High Court in the case Mona Aggarwal & Anr vs. Glossy & Paints Pvt. Ltd. & Anr.
The brief facts of this case are that, the Plaintiff i.e. Glossy Colour Paint Pvt. Ltd is said to have adopted and used over the mark "1001" since 1946. The…
Last year in the month of December 2015, we ran a month long series acknowledging and appreciating some of the best IP blogs across the world. The blogs that were featured in the series called "World's Best IP Blogs" were primarily those blogs who have made and continue to make constant efforts in keeping us all abreast with the latest IP news, information and updates. While all of the blogs featured during the series are the best of the lot, this post…
One can always see a lot of advertisements, while performing a google search or just about any search on other search engines. Advertisements, and more recently, keyword advertising are a major source of revenue generation for search engines. The case that we are about to discuss, is something that nobody ever anticipated to happen.
Multi Time Machine Inc, (MTM) manufactures watches, specifically special ops watches and high-end tactical watches. It sells them on its own website and through its various…