Trademark Dispute Archives | Page 2 of 3

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 347Views 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 440Views 1Like

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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 433Views 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 591Views 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 408Views 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 467Views 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 338Views 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 556Views 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 1019Views 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…