Trademark Infringement Archives

No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.

The Delhi High Court while deciding an application for interim injunction, held that the defendants did not infringe the plaintiff’s registered trademarks or pass off its products as those of the Plaintiff. The Plaintiff, instituted a civil suit, against Defendant 1, Suncity Sheets Pvt. Ltd. ("SSPL"), and Defendant 2, Rachna Nitin Jindal, wife of Nitin Kumar Jindal, Manager of SSPL, based on its rights over the word mark “JINDAL” registered in classes 6 and 17. The Plaintiff’s case was that the…

March 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 568Views 0Like

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The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of…

March 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 719Views 0Like

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Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Delhi High Court recently ruled in favour of Sterling Agro Industries, protecting their “NOVA” trademark for dairy products from a deceptively similar mark “NOVYA” used by ASR Trading Company. The Court noted the similarity in marks and packaging, the abandoned trademark application by ASR, and their its to prove otherwise, leading to a permanent injunction and penalty against the defendant. Continue Reading Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

March 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 463Views 0Like

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Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Kalyan Jewellers successfully defended its trademarks ‘Kalyan’ and ‘Kalyan Jewellers’ against cybersquatting through a recent Madras High Court ruling. The Court ordered the transfer of the infringing domain name “kalyanjewellers.com” to Kalyan Jewellers after the WIPO arbitration panel couldn’t decide on the case due to the requirement of proving bad faith. Continue Reading Injunction against use of Kalyan and Kalyan Jewellers Trademarks

March 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 636Views 0Like

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Image accompanying blogpost on "Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court."

Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

“Chand” textile trademark owner loses infringement case against “Chand-A” lungi brand. Court finds long, honest, concurrent use by defendant since 1952 prevents confusion. Lack of concrete evidence weakens plaintiff’s claim of permissive use. Court outlines principles for proving honest and concurrent trademark use. Continue Reading Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

February 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 803Views 0Like

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Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court

Delhi High Court banned Javapoint companies from using the “Java” trademark for training and domain names. Though not part of their company names anymore, “Java” usage in services and domain is deemed infringing on Oracle’s trademark rights. This decision protects trademark ownership and sets a precedent for proper usage in the tech industry. Continue Reading Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court

February 19, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Software, Trademarks 0Comment 1006Views 0Like

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Intellectual Property Insights: Trademark Case Updates from Indian High Courts

Explore the nuances of Intellectual Property law through our latest blog post, featuring pivotal trademark case updates from Indian High Courts. Ideal for professionals seeking to grasp key legal developments in IP. Continue Reading Intellectual Property Insights: Trademark Case Updates from Indian High Courts

December 27, 2023 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 778Views 0Like

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Intellectual Property Insights: Trademark Case Updates from Indian High Courts

Explore the nuances of Intellectual Property law through our latest blog post, featuring pivotal trademark case updates from Indian High Courts. Ideal for professionals seeking to grasp key legal developments in IP. Continue Reading Intellectual Property Insights: Trademark Case Updates from Indian High Courts

December 22, 2023 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 1401Views 0Like

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TTK Prestige Prevails in Its Quest For the Use Of “Prestige”

The case involves a dispute over the infringement of TTK Prestige's trademark and passing off of their products by KK & Company Delhi Pvt Ltd. TTK Prestige claimed that the use of the word "Prestige" by the defendants was an infringement of their trademark and causing confusion among customers, leading to loss of business. The Delhi High Court held that the defendant had failed to provide sufficient evidence to prove their claim of being a continuous user of the trademark…

March 13, 2023 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 1158Views 0Like

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Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

Recently in a trademark infringement case between Hermès International & Anr. v. Crimzon Fashion Accessories Private Limited, the Delhi High Court ruled that the “H” mark of the French Luxury brand Hermès International is a well-known mark, after ordering a permanent injunction against Crimzon for infringing use of the mark on its website. Continue Reading Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

March 3, 2023 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 1614Views 0Like

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Celebrating 20 Years of IP Excellence

No monopoly rights over common surnames such as JINDAL, court dismisses injunction petition.

The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court

Intellectual Property Insights: Trademark Case Updates from Indian High Courts

Intellectual Property Insights: Trademark Case Updates from Indian High Courts

TTK Prestige Prevails in Its Quest For the Use Of “Prestige”

Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

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