This week’s trademark updates are as follows:
Domino’s dominates Trademark Dispute against Dominick Pizza
In a recent case, the Delhi High Court restrained a Ghaziabad based pizzeria, named Dominick Pizza, from using the marks Dominick Pizza’, ‘Cheese Burst’ and ‘Pasta Italiano’ in any manner as they were identical or deceptively to the trademarks owned by Domino’s. The High Court stated that, “The reviews of the consumers on Google Reviews, also re-affirms this fact that apart from the confusion that is taking…
This week’s trademark updates are as follows:
House of Zana wins trademark dispute against Zara
International fashion giant, Zara, recently objected to the registration of the trademark ‘House of Zana’ by a Darlington-based fashion boutique House of Zana in the UK, claiming that the mark is identical and is likely to cause confusion amongst the average consumers. The Hearing Officer, Matthew William, opined that, although Zara is a common word, the word “House of” has a distinctive nature and…
This week’s trademark updates are as follows:
A piracy of 'Torts'
In the matter of Allahabad Law Agency v. Amazon Retail India Pvt. Ltd. & Ors., the plaintiff sought for permanent injunction against several sellers on the defendant's platform who have been found selling pirated versions of the book- 'Law of Torts' by Dr. RK Bangia. A Delhi Court, understanding the gravity of the situation, has passed an ex-parte ad-interim injunction restraining the defendants and several others from either…
This week’s trademark updates are as follows:
Hailey Bieber strikes a win!
Entrepreneur Hailey Bieber was sued for trademark infringement by Purna Khatau and Phoebe Vickers, founders of RHODE, a clothing line. The founders sought for a preliminary injunction from the U.S. District Court for the Southern District of New York. Bieber submitted a 17-minute YouTube video documenting the inspiration behind the word 'RHODE'. Bieber stated in the video that 'RHODE' is her and her mother's middle name and hence, the…
Facts
The Plaintiff, Amazon Seller Services Pvt. Ltd., owns, operates and manages the India online marketplace at www.amazon.in on which lakhs of third-party sellers and buyers interact and conduct their transactions.
Plaintiff No. 2, owns the trademark ‘AMAZON’ in various classes and copyright on the ‘AMAZON’ logos. Plaintiff No.2 has licensed its copyrights and trademarks to Amazon Seller Services, for the purposes of promotion, publication and merchandising within the territory of India.
Amazon Seller Services alleged that the Defendants, Amazonbuys.in and others…
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
L’oreal v. Haridas PA & Ors.
This was a suit for permanent injunction for restraining the Defendants and its agents from infringing Plaintiff’s well-known trademarks "L'OREAL, L'OREAL PROFESSIONNEL, L'OREAL PARIS" by violating its proprietary rights in its tradename and infringing its copyrights in its label and artistic works. The Court noted that the Plaintiff had the exclusive right to use the trademarks and…
Cross Fit LLC vs Mr. Renjith Kunnumal & Anr.
The Plaintiff herein used ‘CrossFit’, a registered word and device mark, on a global basis for fitness & training services as well as its domain name www.crossfit.com. The Defendants were found using the name “SFC CROSSFIT” while imparting identical gym and fitness services, in their advertisements, website, social media handles, etc. Aggrieved by the same the Plaintiff filed a suit before the High Court of Delhi and an application seeking interim…
FACTS OF THE CASE
In this case, Cipla Limited, the Respondent/Plaintiff, filed a suit for permanent injunction before the Madras High Court. The suit was against Sun Pharmaceuticals Industries Limited, the Applicant/Defendant, as it infringed the Respondent/Plaintiff’s copyright and registered trademarks as follows:
The Applicant/Defendant imitated and substantially reproduced the artistic packaging, trade dress and labels of the Respondent/Plaintiff’s ‘BUDECORT RESPULES’ and ‘DUOLIN RESPULES’ which amounted to infringement of their copyright in artistic works. These were Budeonide Nebuliser Suspension BP,…
Sun Pharmaceutical Industries Limited vs Cipla Limited
In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…
This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country.
El Baik Food Systems Co. S.A vs Arsalan Wahid Gilkar & Anr
In a recent decision, the Delhi High Court granted an Ex-parte Injunction against use of the trademark 'Albaik' for restaurants and related services. The plaintiff in the case was the Albaik Group based out of Saudi Arabia, which started its business in 1986. The plaintiff briefly…