Trademark Infringement Archives | Page 2 of 12

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 242Views 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 259Views 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 371Views 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 320Views 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 273Views 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 276Views 1Like

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Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

The Delhi High Court ruled in favor of Lacoste in its trademark infringement suit against Crocodile International. Lacoste was granted a permanent injunction to prevent Crocodile International from using a deceptively similar crocodile logo in India, with the Court ruling that Lacoste’s trademark rights had been violated. Crocodile International was also ordered to submit statements of profits made since 1998. Continue Reading Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

October 23, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 343Views 1Like

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Volvo drives home a victory in Trademark ‘Volvo Pump’ dispute

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Volvo against M/s Grasp Engineering for using the trademark “VOLVO PUMPS” without authorization. The court found Grasp’s actions likely to deceive consumers and harm Volvo’s reputation, leading to the restriction of Grasp’s use of the mark until further hearings. Continue Reading Volvo drives home a victory in Trademark ‘Volvo Pump’ dispute

October 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 214Views 2Likes

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Use of e-Rickshaw Trademark ‘Yatri’ by Competitor Restrained

In a case between YC Electric Vehicle and Vishwas Automobiles LLP, the Delhi High Court granted an interim injunction to the plaintiff. The Court found that the defendant’s use of the “YATRI STAR” mark infringed on YC Electric Vehicle’s “YATRI” trademark and misled consumers, ordering the defendant to cease all use of the marks and copyrighted images. Continue Reading Use of e-Rickshaw Trademark ‘Yatri’ by Competitor Restrained

October 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 235Views 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 263Views 1Like

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Celebrating 20 Years of IP Excellence

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!

Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

Volvo drives home a victory in Trademark ‘Volvo Pump’ dispute

Use of e-Rickshaw Trademark ‘Yatri’ by Competitor Restrained

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

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