Trademark Infringement Archives

The Battle over “KHAN CHACHA” Trademark

The Delhi High Court, recently granted an ex parte interim injunction to the plaintiff Gupta And Gupta Pvt Ltd, restraining the defendants from using the mark “KHAN CHACHA”. The court observed that in cases involving trademarks or copyrights, an injunction is usually granted regardless of any delay in taking a legal action. This blog is a summary of the case so far. Continue Reading The Battle over “KHAN CHACHA” Trademark

February 27, 2023 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 1497Views 1Like

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Can NFTs in Virtual Space Infringe ‘Real’ Trademarks?

The trial in the case Hermès International v. Mason Rothschild [22-CV-384 (JSR) (S.D.N.Y. May. 18, 2022)] has begun on 30th January 2023 in the District Court of Southern District of New York. The case, the first of its kind, raises pertinent questions regarding the intersection between Trademark and Non-Fungible Tokens and the exception of artistic expressions under the Rogers Test. The discussion on the issues in the case has been summarised in this blog. Continue Reading Can NFTs in Virtual…

February 7, 2023 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1042Views 0Like

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Subway Loses Battle for Interim Injunction against Suberb

This post details a case between U.S.-based company ‘SUBWAY’ and Infinity Foods LLLP over allegations of trademark infringement. The court dismissed the application for an interim injunction due to changes made by the defendants within a week, as they deemed there was no point of infringement. Continue Reading Subway Loses Battle for Interim Injunction against Suberb

January 24, 2023 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2056Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows – PhonePe' vs 'DIGIPE' - Madras High Court grants interim relief to the plaintiff PhonePe Private Limited, the plaintiff, has been in the Unified Payments Interface (UPI) business since 2016. DigiPe Fintech Private Limited, the defendant filed an application for registration of the mark "DIGIPE" in September 2022 even after being issued a legal notice by PhonePe. The Madras High Court has temporarily restrained defendant from using its mark 'DIGIPE' following a trademark infringement…

January 7, 2023 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 1326Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows – Delhi HC grants interlocutory injunctive reliefs for infringing the trademark of Radio Mirchi Radio Mirchi, the plaintiff claimed to be the registered owner of the device mark “Mirchi” under the brand name “Sunday Suspense” on various webpage/web link/application/intermediary platform. The defendants, Tuneincom and others, were alleged to have engaged in unauthorized and illegal broadcasting, transmission and communication of the plaintiff’s copyrighted audio content. It was observed as a prima facie case of infringement.…

December 30, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 1043Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows – Delhi High Court says 'Rooh Afza' trademark to be given high degree of protection An appeal was moved by manufacturers of Rooh Afza against rejection of its application seeking an interim injunction against Sadar Laboratories Pvt. Ltd., who infringed their trademark. The Court observed that "Rooh Afza" had acquired immense goodwill over the years and had served as the "source identifier" for the sharbat being manufactured by Hamdard National Foundation(India) and Hamdard Dawakhana…

December 23, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 939Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows – Trademark Lawsuit filed against HGTV’s “Ugliest House in America.” A lawsuit has been filed by HomeVestors of America, Inc., against Warner Bros. Discovery, Inc. for infringement of the former’s trademark “The Ugliest House of the Year”. The HGTV show's treatment of homeowners is not representative of how HomeVestors franchisees engage with clients, although the show's title is remarkably similar to HomeVestors' annual "Ugliest House of the Year" contest. CoorsTek Defeats CeramTec in Battle to…

December 20, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 790Views 0Like

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Weekly Trademark Updates

This week's trademark updates are as follows - Karnataka HC Overturns Civil Court Order – Allows Vogue Institute to Retain the name ‘VOGUE’ Overturning the order passed by the Bengaluru City Civil Court, the Karnataka High Court has allowed the Vogue Institute to retain the name ‘VOGUE’ in their name and their trademark. The Karnataka HC stated that the test applied by the Trial Court to assess whether a common person would be confused upon seeing the word ‘VOGUE’, was…

November 28, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 891Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows – Rooh Afza counterfeit products restrained from sale on Amazon India A recent order from the Delhi High Court restrained the sale of sherbet products bearing the fake name ‘Rooh Afza’, which were made in Pakistan. The complaint was filed by Hamdard National Foundation, alleging that sherbet products produced in Pakistan were being sold in India bearing the fake name ‘Rooh Afza’. The company filed the case against Amazon India and a company named…

November 18, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 342Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows – Protecting GI Goods The GI Tags can and are being utilized to prevent counterfeits from chipping away the revenue of the original products protected as a GI. The Gulbarga Tur Dal (pigeon pea) is a good example of the same. During a training program held in October 2022, 16 users were awarded the “Authorized User Certificate” (AUC) for the Gulbarga Tur Dal, which is a product provided with a GI Tag. The AUC…

November 4, 2022 BananaIP Reporter Geographical Indications (GI), Trademarks 0Comment 778Views 0Like

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Celebrating 20 Years of IP Excellence

The Battle over “KHAN CHACHA” Trademark

Can NFTs in Virtual Space Infringe ‘Real’ Trademarks?

Subway Loses Battle for Interim Injunction against Suberb

Weekly Trademark Updates

Weekly Trademark Updates

Weekly Trademark Updates

Weekly Trademark Updates

Weekly Trademark Updates

Weekly Trademark Updates

Weekly Trademark Updates

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