Passing off Archives

Did Emerge Classes’ mark fail the ‘passing off’ test?

The Srinagar Bench of the Jammu and Kashmir High Court dismissed an appeal by Emerge Classes in a trademark passing off case. The court emphasized that minor differences in trademarks do not necessarily make them distinct, upholding the injunction in favor of KIE and its associated entities. Continue Reading Did Emerge Classes’ mark fail the ‘passing off’ test?

August 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 370Views 1Like

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Marc Salon’s Design Makes the Cut: Court Grants Injunction

The Delhi High Court has confirmed an interim injunction in favor of Marc Salon in a case against GM Sales involving claims of passing off, copyright infringement, and unfair trade practices. The ruling underscores the protection of Marc Salon’s unique furniture designs and highlights the significance of intellectual property rights in the industry. Continue Reading Marc Salon’s Design Makes the Cut: Court Grants Injunction

July 4, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 426Views 0Like

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Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

The Calcutta High Court ruled that while Emami could not establish trademark infringement, it succeeded in its passing off claim against Unilever’s ‘Glow and Handsome’. The court ordered Unilever to cease using the mark within a month, upholding Emami’s rights and protecting its brand reputation. Continue Reading Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

June 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 633Views 2Likes

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ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

ITC Limited, the owner of the “Gold Flake” trademark for cigarettes, successfully obtained an injunction against competitors using confusingly similar brands like “Gold Falcon” and “Gold Flicker”. Continue Reading ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

April 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 775Views 0Like

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Exacting Standards for Pharma Trademarks and their Dominant Parts

In this infringement and passing off case filed by Sun Pharma against Glenmark, the Court was asked to determine if the trademark “INDAMET” infringes upon the trademark “ISTAMET XR CP”. Sun Pharma’s “ISTAMET XR CP” was registered in 2014 by its predecessor in title, and Glenmark’s trademark, INDAMET, was registered in 2021. Continue Reading Exacting Standards for Pharma Trademarks and their Dominant Parts

April 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 653Views 1Like

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Well-known mark not a pre-requisite for grant of relief against infringement

The dispute centers on the “PEBBLE” mark used by V Guard and Crompton. V Guard, adopting it in 2013 for electric water heaters, clashed with Crompton’s 2020 application for “CROMPTON PEBBLE” for electric irons. Delhi High Court’s injunction restrained Crompton from using “PEBBLE,” citing Trade Marks Act violations. The Court upheld V Guard’s reputation, dismissing Crompton’s appeal. Continue Reading Well-known mark not a pre-requisite for grant of relief against infringement

April 24, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 775Views 0Like

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Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

In a landmark ruling, the Delhi High Court settled a decades-long dispute over the ownership of the ‘FIELDMARSHAL’ trademark. Confirming PM Diesel’s prior and legitimate usage since 1963, the court dismissed Thukral Mechanical Works’ claim based on a later acquisition. This judgment underscores the critical importance of prior user rights in trademark disputes. Continue Reading Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

April 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 512Views 0Like

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The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of…

March 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 720Views 0Like

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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 463Views 0Like

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Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

The Delhi High Court restrains Festival House Immersive from using ‘Candlelight’ for concerts, in a notable trademark case filed by Fever Labs, a global live entertainment platform. Continue Reading Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

February 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 737Views 0Like

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Celebrating 20 Years of IP Excellence

Did Emerge Classes’ mark fail the ‘passing off’ test?

Marc Salon’s Design Makes the Cut: Court Grants Injunction

Emami vs Unilever : Court says No “Glow” to Unilever’s “Handsome”

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

Exacting Standards for Pharma Trademarks and their Dominant Parts

Well-known mark not a pre-requisite for grant of relief against infringement

Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User

The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

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

Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

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