Trademark Infringement Archives

Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

The Delhi Commercial Court granted L’Oreal a permanent injunction against M/s Oneness Enterprises for importing counterfeit goods bearing L’Oreal’s trademarks. The Court also restrained Customs Offices from releasing the seized goods and directed their destruction under applicable rules, ensuring strong protection of L’Oreal’s intellectual property rights. Continue Reading Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

2 days ago BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 206Views 2Likes

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“TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

The Delhi High Court issued a permanent injunction in favor of Tata Sons, preventing the use of trademarks and trade dress similar to “TATA COPPER+ WATER.” The defendant ceased infringement and nominal damages of ₹1,00,000 were awarded, acknowledging the defendant’s cooperation and first-time offense. Continue Reading “TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

November 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 164Views 2Likes

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Rummy Culture and Gameskraft Trademarks: Order to Take Down Infringing Online Gaming Websites and Apps

The Delhi High Court granted Gameskraft Technologies an interim injunction against websites infringing on its trademarks, including RummyCulture, ordering a takedown and domain block. The order protects Gameskraft’s IP, restraining defendants from further infringement or using SEO keywords linked to Gameskraft’s trademarks. Continue Reading Rummy Culture and Gameskraft Trademarks: Order to Take Down Infringing Online Gaming Websites and Apps

November 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 401Views 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 138Views 2Likes

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Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

The Calcutta High Court denied an interim injunction to SRMB Srijan Pvt. Ltd., which sought to prevent the resale of its TMT bars by defendants citing trademark infringement. The Court held that resale of lawfully acquired SRMB products did not violate trademark rights, as per the Trade Marks Act, 1999, pending further investigation of alleged unauthorized territorial sales. Continue Reading Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

November 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 166Views 1Like

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Importers Watch Out! Tag Heuer times out counterfeit watches

Tag Heuer S.A. successfully secured a court order for the destruction of counterfeit watches imported by Tinya International. The court awarded Rs. 5,00,000 in damages, plus further compensation, after finding clear evidence of trademark infringement. The ruling underscores the consequences of importing counterfeit goods and highlights the benefits of trademark protection and mediation. Continue Reading Importers Watch Out! Tag Heuer times out counterfeit watches

November 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, IP Settlements 0Comment 194Views 1Like

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Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

The Delhi High Court ruled in favor of Indian Hotels Company Limited (IHCL) in a case against Manoj for infringing the “TAJ” trademark and using copyrighted hotel images without authorization. The court ordered a permanent injunction against Manoj, mandated the transfer of the infringing domain, and awarded IHCL ₹10 lakhs in damages plus ₹5 lakhs in legal costs. Continue Reading Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

October 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 253Views 1Like

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Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

The Delhi High Court ruled in favor of Chasvinder Singh, affirming his exclusive rights over the SAP SWISS trademark in an appeal concerning its use by family members in the automotive industry. The court set aside a prior interim injunction and clarified the importance of written agreements in trademark assignments, concluding that no binding family settlement included the transfer of trademark rights. Continue Reading Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

October 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 237Views 1Like

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Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

The Madras High Court ruled in favor of petitioners V. Lakshminarayanasamy and Suguna Lakshminarayanasamy in the “SUGUNA” trademark case, ordering the rectification of the respondent’s mark registration due to its deceptive similarity and potential for consumer confusion. The court emphasized the petitioners’ established prior use and rejected the respondent’s defense of concurrent usage. Continue Reading Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

October 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 182Views 0Like

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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 187Views 1Like

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Celebrating 20 Years of IP Excellence

Real blow to infringers by L’Oreal, court issues injunction for Trademark infringement

“TATA COPPER+ WATER” Trademark Infringement Injuncted with Nominal Damages

Rummy Culture and Gameskraft Trademarks: Order to Take Down Infringing Online Gaming Websites and Apps

Same Name, Different Game? Sankalp Constructions vs Shankalp Associates

Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

Importers Watch Out! Tag Heuer times out counterfeit watches

Fraudulent Use of ‘Taj’ Hotel Trademark Restrained with Damages of Rs. 10 Lakhs

Trademarks and Family Disputes: Without an Agreement in Writing, Trademarks Cannot be Deemed to be Assigned

Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

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

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