Passing off Archives

Trademark cases relating to Cricket Helmets, Biscuits, Edible Oil, and Tobacco

In this post, we have put together 4 trademark cases that relate to trade dress and wordmark infringement/passing off. The cases involve products such as cricket helmets, biscuits, tobacco, and edible oil. In all the cases, trademark owners have been able to get positive orders in their favour. Good Day Vs. Good Times for Butter Cookies: Delhi High Court restrains the use of Blue and Yellow packaging and 'Good Times' mark for Butter Cookies. In a case involving the use of…

January 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 828Views 0Like

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Delhi High Court Grants Relief to Louis Vuitton Against Counterfeiters: A Comprehensive Analysis

In a recent ruling, the Delhi High Court granted relief to luxury brand Louis Vuitton Malletier by issuing a permanent injunction and awarding damages against three defendants involved in the manufacturing and selling of counterfeit goods bearing the Louis Vuitton trademarks. Continue Reading Delhi High Court Grants Relief to Louis Vuitton Against Counterfeiters: A Comprehensive Analysis

April 28, 2023 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1610Views 0Like

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Delhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”

The Delhi High Court passed an order granting a permanent injunction and punitive costs of ₹ 2,00,000/- to the defendant for infringing and passing off the Plaintiff’s Trademark “SADDA PIND”. Continue Reading Delhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”

April 18, 2023 BananaIP Reporter Case Study, Copyrights, Intellectual Property, Trademarks 0Comment 983Views 0Like

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TTK Prestige Prevails in Its Quest For the Use Of “Prestige”

The case involves a dispute over the infringement of TTK Prestige's trademark and passing off of their products by KK & Company Delhi Pvt Ltd. TTK Prestige claimed that the use of the word "Prestige" by the defendants was an infringement of their trademark and causing confusion among customers, leading to loss of business. The Delhi High Court held that the defendant had failed to provide sufficient evidence to prove their claim of being a continuous user of the trademark…

March 13, 2023 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 1159Views 0Like

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Subway Loses Battle for Interim Injunction against Suberb

This post details a case between U.S.-based company ‘SUBWAY’ and Infinity Foods LLLP over allegations of trademark infringement. The court dismissed the application for an interim injunction due to changes made by the defendants within a week, as they deemed there was no point of infringement. Continue Reading Subway Loses Battle for Interim Injunction against Suberb

January 24, 2023 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2059Views 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 2065Views 0Like

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Latest Trademark Cases in 2022 – Part 5

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Khadi &Village Industries Commission V. Raman Gupta & Ors. In this case, the Plaintiff, Khadi & Village Industries Commission was regulated under Khadi and Village Industries Commission Act, 1956. The Plaintiff was the registered proprietor of various words bearing the name "KHADI" in both Hindi and English language and also a logo in the form of 'Charkha Logos'. The Defendants started using the…

July 5, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2177Views 0Like

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CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors.

Facts The Plaintiff, Amazon Seller Services Pvt. Ltd., owns, operates and manages the India online marketplace at www.amazon.in on which lakhs of third-party sellers and buyers interact and conduct their transactions. Plaintiff No. 2, owns the trademark ‘AMAZON’ in various classes and copyright on the ‘AMAZON’ logos. Plaintiff No.2 has licensed its copyrights and trademarks to Amazon Seller Services, for the purposes of promotion, publication and merchandising within the territory of India. Amazon Seller Services alleged that the Defendants, Amazonbuys.in and others…

June 1, 2022 BananaIP Reporter Copyrights, Intellectual Property, Trademarks 0Comment 2394Views 0Like

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Latest Trademark Cases in 2022 – Part 2

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: M/S. Apex Laboratories Pvt. Ltd Vs. Axis Life Sciences The Plaintiff, Apex Laboratories, used the trademark “ZINCOVIT” since the year 1990 and established great reputation and good will in the market. The Plaintiff adopted a distinct and a unique seven strip colour packaging from the year 2014 for their product, a multi-vitamin supplement for adults and children to boost their immunity. The Defendant,…

April 8, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1963Views 0Like

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Latest Trademark Cases in 2021 – Part 12

Pidilite Industries Limited v. Platinum Waltech Limited The Plaintiff filed this suit against the Defendant seeking relief in trade mark, copyright and designs combined with causes of action in passing off in each. The Plaintiff was a well-known manufacturer of products relating to the construction and paint industry and had a worldwide presence since 1969. The Plaintiff had several trademarks related to its products which included the DR FIXIT mark with a distinctive device of a man wearing a yellow…