Trademark Dispute Archives

Prakash Pipes prevails over later trademark for ‘Prakash’

The Madras High Court granted a rectification petition filed by Prakash Pipes Limited, canceling Mr. Rama’s ‘PRAKASH’ trademark for non-use. The Court found the registration to be malicious, aimed at unlawful enrichment, and noted the Petitioner’s long-standing rights and goodwill associated with the trademark. Continue Reading Prakash Pipes prevails over later trademark for ‘Prakash’

September 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 328Views 3Likes

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Himalayan Organics Crumbles Before the Trademark Mountain of Himalaya

In a significant trademark dispute, the Delhi High Court issued an interim order favoring Himalaya Wellness Company, restraining Vlado Sky from using the ‘Himalayan Organics’ mark. The court recognized the potential for consumer confusion and upheld the strength of the ‘Himalaya’ trademark, allowing Vlado Sky to sell existing stock under specific conditions Continue Reading Himalayan Organics Crumbles Before the Trademark Mountain of Himalaya

September 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 414Views 4Likes

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Thou shall not ‘STEEL’ a trademark, says court

The Madras High Court recently ruled in favor of Prakash Ferrous Industries in a trademark dispute over the ‘TIRUMALA’ mark used on TMT steel bars, granting a permanent injunction against Mansarowar Ispat. Continue Reading Thou shall not ‘STEEL’ a trademark, says court

August 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 333Views 2Likes

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Rebanta Healthcare gets hurt in fight over the mark “REBAHEAL”

In a recent ruling, the Delhi High Court granted interim relief to Dr. Reddy’s Laboratories by restraining Rebanta Healthcare from using the ‘REBAHEAL’ trademark. The court found that the use of the identical mark by Rebanta could lead to confusion and potential health risks, highlighting the importance of protecting trademark rights in the pharmaceutical industry. Continue Reading Rebanta Healthcare gets hurt in fight over the mark “REBAHEAL”

August 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 375Views 3Likes

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Jumbo Tramples Haathi Trademark Registration

The Calcutta High Court ruled in favor of Girnar Food & Beverages Pvt. Ltd., overturning the Registrar’s decision and quashing the registration of a deceptively similar ‘HAATHI’ mark by Bicrampore Tea Estate. This ruling underscores the significance of consumer perception and the potential for deception in trademark disputes. Continue Reading Jumbo Tramples Haathi Trademark Registration

August 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 281Views 1Like

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Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

On June 13, 2024, the Bombay High Court granted Glenmark an interim injunction against Gleck Pharma in a trademark dispute over “ZITA-MET” and “XIGAMET”. The court found that the similarities between the trademarks could confuse consumers, leading to potential health risks, and applied strict standards to prevent such confusion. Continue Reading Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

June 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 487Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: Domino’s dominates Trademark Dispute against Dominick Pizza In a recent case, the Delhi High Court restrained a Ghaziabad based pizzeria, named Dominick Pizza, from using the marks Dominick Pizza’, ‘Cheese Burst’ and ‘Pasta Italiano’ in any manner as they were identical or deceptively to the trademarks owned by Domino’s. The High Court stated that, “The reviews of the consumers on Google Reviews, also re-affirms this fact that apart from the confusion that is taking…

September 2, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 981Views 0Like

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Image reads Intellepedia Latest Trademark Cases 2021

Latest Trademark Cases – 2021 | Part 1

This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. 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…

June 9, 2021 BananaIP Reporter Intellectual Property, Trademarks 0Comment 6130Views 0Like

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PayPal and Paytm Trademark Dispute

Paytm, the largest e-wallet company in India, which saw a drastic surge in user volume post-demonetization, has found itself embroiled in a controversy over its logo with the US-based PayPal, also a digitized payment system. Paypal claims that Paytm’s logo is ‘deceptively and confusingly similar’ to that of the global giant’s. PayPal further claims that Paytm is free-riding on the goodwill of PayPal. What is similar between the two logos is that the first syllable of both the logos is…

December 27, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2164Views 0Like

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The featured image shows a board with four wooden blocks. The blocks bear the trademark of Mcdonald's , i.e. , a big yellow 'M'. The psot is about the recent trademark dispute between McDonalds and Future Enterprises. To know more, please click here.

McDonald’s Wins EU ‘MacCoffee’ Trademark Dispute

Recently , a European Court ruled in favour of US fast food giant McDonald’s, restraining a Singapore based company from using the word ‘Mac’ as a prefix on its foods and beverages. One of the primary aims of every trademark law is to prevent consumer confusion. Trademark law provides exclusive rights to the proprietors of a particular trademark, thus allowing them to carve out a niche for their product in the existing market. In 2008, a Singaporean Company had applied…