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The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

The Delhi High Court addressed the appeals in the Sammaan Capital v. Svamaan Financial trademark dispute. The case involved phonetic similarity, consumer confusion, and corporate branding rights. The Court maintained the status quo, requiring disclaimers in advertisements and setting a final hearing for April 2025. Continue Reading The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

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Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

In Allahabad Law Agency v. Amazon Seller Services Pvt. Ltd. & Ors., the Delhi High Court granted a permanent injunction against online sellers distributing counterfeit copies of Law of Torts by Dr. R.K. Bangia. The Court found copyright and trademark infringement but declined to award damages, granting nominal costs of Rs. 15,000 to the Plaintiff. Continue Reading Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand. Continue Reading Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

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‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers' rights

‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

The Delhi High Court ruled on a trademark dispute between ‘Big Dipper’ and ‘Big Deeper,’ setting aside an ex parte injunction. The case centered on the assertion of transborder reputation by importers of the ‘Big Dipper’ mark. The Court relied on precedent to determine that mere global reputation is insufficient to claim trademark protection in India. The matter was remanded for fresh consideration. Continue Reading ‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

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Not everyone's cup of coffee! Cothas Coffee sips a trademark victory

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

The Bengaluru Court ruled in favor of Cothas Coffee in a trademark infringement and passing-off suit, granting a permanent injunction against Defendants for using “COTHA.” The case highlights the importance of trademark rights and adherence to legal agreements in competitive business practices. Continue Reading Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

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The sticky trademark fight between "FIGHTER" and "FITTER"

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court has granted interim relief to Kamal Kumar Hirawat, restraining Maruti Poly Films from using the trademark “FITTER.” The Court held that the mark was deceptively similar to the petitioner’s registered trademark “FIGHTER,” used for adhesive tapes since 1995, and could cause consumer confusion, potentially harming the petitioner’s business. Continue Reading The sticky trademark fight between “FIGHTER” and “FITTER”

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

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

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

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

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Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

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

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

“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

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