Trademark Dispute Archives

Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

The Madras High Court resolved a trademark dispute between M/s. The Southern India Exporting Company and M/s. The Classic Fireworks Industries, ruling that the ‘Eagle’ mark held prior rights over ‘Garuda.’ The Court found that the marks’ similarities could confuse consumers and rejected claims of acquiescence. Continue Reading Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

November 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 132Views 1Like

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Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, granting a permanent injunction against Micky Metals for passing off the “LUX” trademark. The Court emphasized the Plaintiffs’ prior use and substantial goodwill, holding the Defendant’s mark “LUX TMT” deceptively similar. Remedies included profit accounting since 2009 and the prevention of further use. Continue Reading Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

November 25, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 163Views 2Likes

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Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

In a trademark dispute between Sankalp Constructions and Shankalp Associates, the Court dismissed the plaintiff’s claims of trademark infringement. Finding no deceptive similarity, it ruled that Shankalp’s use of its trade name did not cause confusion or infringe on Sankalp’s registered mark. This case clarifies the importance of evidence in proving brand name similarity in trademark law. Continue Reading Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

November 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 170Views 2Likes

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“VARUN” scoops up an icy win against “ARUN”, court affirms co-existence of Trademarks

In Hatsun Agro Product Limited vs B. Balakrishnan Nair, the High Court of Madras upheld the trademark ‘VARUN,’ dismissing Hatsun’s claim for cancellation based on phonetic similarity with ‘ARUN.’ The court found that both marks could coexist without consumer confusion, considering the regional scope and distinctiveness factors. Continue Reading “VARUN” scoops up an icy win against “ARUN”, court affirms co-existence of Trademarks

November 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 205Views 2Likes

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CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

The Madras High Court granted Coimbatore Institute of Technology exclusive rights over the “CIT” trademark, ruling against Chennai Institute of Technology’s concurrent use. The court determined that Chennai Institute’s use of “CIT” was misleading, lacking distinctiveness, and obtained through suppression of facts. The respondent’s mark was ordered to be removed from the trademark register. Continue Reading CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

November 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 210Views 1Like

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Hot Mess? Court says “HOT MIX” is for everyone!

The Delhi District Court dismissed a trademark infringement and passing-off case filed by Mr. Sunit Shah, ruling that the term “HOT MIX” is generic and cannot be exclusively owned. The Court found that the term is widely used in the industry, and there was no likelihood of confusion between the brands involved. No damages or injunction were awarded to Mr. Shah. Continue Reading Hot Mess? Court says “HOT MIX” is for everyone!

October 26, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 211Views 1Like

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Nandini Deluxe v. Hotel Nandini: Court holds that both can continue using their trademarks

In a 2024 decision, the Bengaluru City Civil Court dismissed both the plaintiff’s and defendant’s claims in a trademark dispute between Nandini Deluxe and Hotel Nandini, ruling that both parties could continue using their respective trademarks without infringing on each other’s rights. Continue Reading Nandini Deluxe v. Hotel Nandini: Court holds that both can continue using their trademarks

October 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 196Views 1Like

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“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

In a recent ruling, the Delhi High Court dismissed L’Oréal India’s appeal to cancel the CLARIWASH trademark, affirming that no deceptive similarity exists between L’Oréal’s CLARI-formative marks and the CLARIWASH mark. Continue Reading “CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

October 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 195Views 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 225Views 1Like

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‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

In the case of Koteshwar Chemfood Industries Pvt. Ltd. v. Sachdeva and Sons Industries Pvt. Ltd., the Delhi High Court ordered rectification of the ‘PRIME’ trademark, removing salt and spices due to non-use, following a petition filed by Koteshwar Chemfood. Continue Reading ‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

September 27, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 334Views 1Like

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Celebrating 20 Years of IP Excellence

Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

“VARUN” scoops up an icy win against “ARUN”, court affirms co-existence of Trademarks

CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

Hot Mess? Court says “HOT MIX” is for everyone!

Nandini Deluxe v. Hotel Nandini: Court holds that both can continue using their trademarks

“CLARIWASH” Cleans Up: L’Oréal’s Trademark appeal drenched

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

‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

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