Trademark Infringement Archives | Page 6 of 12

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 522Views 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 825Views 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 889Views 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 1197Views 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 880Views 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 1768Views 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 1327Views 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 1743Views 0Like

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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 1662Views 2Likes

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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…