Passing off Archives

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

4 days ago IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 148Views 1Like

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ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks

The Delhi High Court granted an interim injunction to ITC Limited, restraining Arpita Agro from using the deceptively similar trademark “POWRNYM.” The case highlights issues of trademark infringement, passing off, and contractual obligations, emphasizing the importance of protecting intellectual property rights. Continue Reading ITC obtains injunction against former owners of NIMYLE and JOR-POWR Trademarks

December 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 261Views 1Like

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Copying of Artistic Architectural Works in Brochure for Advertising Restrained

In a copyright dispute, the Delhi High Court issued an interim injunction restraining Navraj Infratech from using artistic architectural works of Countrywide Promoters. The court found prima facie infringement of copyright and passing off. The case is set for further hearings in January 2025. Continue Reading Copying of Artistic Architectural Works in Brochure for Advertising Restrained

October 24, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 270Views 1Like

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Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

The Delhi High Court ruled in favor of Lacoste in its trademark infringement suit against Crocodile International. Lacoste was granted a permanent injunction to prevent Crocodile International from using a deceptively similar crocodile logo in India, with the Court ruling that Lacoste’s trademark rights had been violated. Crocodile International was also ordered to submit statements of profits made since 1998. Continue Reading Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

October 23, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 345Views 1Like

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Use of e-Rickshaw Trademark ‘Yatri’ by Competitor Restrained

In a case between YC Electric Vehicle and Vishwas Automobiles LLP, the Delhi High Court granted an interim injunction to the plaintiff. The Court found that the defendant’s use of the “YATRI STAR” mark infringed on YC Electric Vehicle’s “YATRI” trademark and misled consumers, ordering the defendant to cease all use of the marks and copyrighted images. Continue Reading Use of e-Rickshaw Trademark ‘Yatri’ by Competitor Restrained

October 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 237Views 1Like

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Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

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

October 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 296Views 1Like

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Design infringing water purifiers taken down from Flipkart

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

October 9, 2024 BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 313Views 1Like

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Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, holding that Micky Metals’ use of the “LUX TMT” mark constituted passing off. The Court granted a permanent injunction, emphasizing that the Plaintiffs’ trademark rights extended even to dissimilar goods. Continue Reading Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

October 3, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 304Views 0Like

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Flipkart’s Latching On Feature and Trademark Passing Off

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

September 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 511Views 1Like

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“Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!

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!