Trademark Cases Archives

A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’

The Delhi High Court issued a permanent injunction and awarded damages to Iconic IP Interests LLC and The Hershey Company in a trademark infringement and passing off case against Sarju Confectionery LLP. The defendant was found guilty of exploiting the goodwill associated with the “JOLLY RANCHER” mark by using a deceptively similar mark, “JOKY RAMPER,” and packaging. Continue Reading A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’

4 days ago IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 107Views 1Like

ShareFacebook

VANS obtains injunction against Trademark infringement under John Doe principles

VANS Inc. secured a permanent injunction against Gopal Goyal in a trademark infringement case before the Delhi District Court. The Court found Mr. Goyal guilty of selling counterfeit products under VANS’ mark, ordered the confiscation of infringing goods, and awarded VANS exemplary damages of ₹50,000 for reputational and financial losses. Continue Reading VANS obtains injunction against Trademark infringement under John Doe principles

October 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 234Views 1Like

ShareFacebook

No more ‘Social’izing for Social chai

The Delhi High Court has issued an ex-parte ad-interim injunction against a restaurant/café operating under the name of Social Chai. The Court held that the addition of the suffix “CHAI” to “SOCIAL” is insufficient to effectively differentiate the Defendant’s mark from that of the Plaintiff’s, especially due to the identical domain of restaurant services. Continue Reading No more ‘Social’izing for Social chai

April 26, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 508Views 1Like

ShareFacebook

Delhi High Court passes order restraining the use of trademark “TOWER” for manufacture and sale of Dry fruits

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

March 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 668Views 0Like

ShareFacebook

Indian IP Cases Report, 2021

BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version] Structure of the Report The Report is structured based on the primary…

August 17, 2022 BananaIP Reporter Copyrights, General, Industrial Designs, Intellectual Property, Patents, Trademarks 0Comment 1983Views 0Like

ShareFacebook

RECAP 2021- INDIAN TRADEMARK CASE LAWS

This post provides a summary of Indian Trademark Cases for the year 2021 El Baik Food Systems Co. S.A vs Arsalan Wahid Gilkar & Anr. In a recent decision, the Delhi High Court granted an Ex-parte Injunction against use of the trademark ‘Albaik’ for restaurants and related services. The Plaintiff in the case was the Albaik Group based out of Saudi Arabia, which started its business in 1986. The Plaintiff briefly operated under the mark, Albaik, in India between 2017 and…

January 31, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 6230Views 2Likes

ShareFacebook

Latest Trademark Cases in 2021 – Part 3

This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. Sony Corporation vs. K. Selvamurthy In this case, Sony Corporation filed a trademark infringement suit claiming dilution of its well-known SONY trademark against a sole proprietor running a tours and travels business under the name, Sony Tours and Travels. After analyzing the facts before it, the District Court came to the conclusion that the defendant did not take…

June 23, 2021 BananaIP Reporter Intellectual Property, Trademarks 0Comment 5065Views 0Like

ShareFacebook

Latest Trademark Cases in 2021 – Part 2

This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. Part 1 can be accessed here. Franco Indian Pharmaceuticals ... vs Micro Labs Limited And Anr In this case, The Bombay High Court granted an Exparte injunction with respect to the word and label marks, Dexorange, and trade dress of the bottle. The trademarks were being used for folic acid supplements for more than 50 years, and the…

June 17, 2021 BananaIP Reporter Intellectual Property, Trademarks 0Comment 4305Views 0Like

ShareFacebook

Summary of Indian Trademark Cases of 2019

This post provides a summary of Indian Trademark Cases of 2019 HSIL Limited v. Gujrat Ceramic Industries & Anr. [I.A. 5185/2018] Decided On: 08.01.2019 Court: Delhi High Court Hindustan Sanitaryware & Industries Limited (HSIL) filed for a permanent injunction in the Delhi High Court to restrain Gujarat Ceramic Industries (GCI) from using the trademarks ‘Hindustan Vitreous’ or ‘H Vitreous’ which are identical/deceptively similar to HSIL’s registered trademarks. HSIL, India’s largest manufacturer of sanitaryware products, having a presence in over 50 cities is the registered…

February 26, 2020 BananaIP Reporter Intellectual Property, Trademarks 2Comments 7547Views 0Like

ShareFacebook

McDonald’s wins and is “lovin’ it”

McDonald's recently won favour with the EU Office in a case of opposition which it filed against Supermac’s trademark application in the European Union, to prevent Supermac from registering its brandname as a trade mark in EU. Supermac had planned a major expansion in the UK, the EU and Australia. Supermac is an Irish origin fast food company started by Pat McDonagh, in 1978. The Mighty Mac double burger and the Chicken Snack Box has been popularised since then with revenues…