trademark law Archives

ADIDAS kicks up a storm, wins 5 lakhs in Trademark infringement case

Adidas AG successfully sued Jai Prakash for trademark infringement and passing off, securing a permanent injunction and Rs. 5 lakh in damages. The Delhi court recognized the unlawful use of Adidas trademarks, including “Three Stripes” and “Trefoil,” for selling counterfeit products in Karol Bagh, Delhi. Continue Reading ADIDAS kicks up a storm, wins 5 lakhs in Trademark infringement case

December 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 318Views 2Likes

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COCOMELON spells a ‘Melon’cholic end for Copycat Competitors

The Delhi High Court ordered the cancellation of a deceptively similar COCOMELON trademark registered by the respondent. Treasure Studio Inc., the creators of the globally recognized children’s brand, successfully secured relief, ensuring stronger protection for its distinctive trademark and intellectual property rights. Continue Reading COCOMELON spells a ‘Melon’cholic end for Copycat Competitors

December 2, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 305Views 1Like

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Polo rides to the finish line in trademark infringement dispute

The Delhi District Court granted a permanent injunction to Polo Lauren Company L.P. against Landmark Traders and Mystic Emin Private Ltd., holding that the defendants infringed Polo’s trademarks. The case highlighted the test for trademark infringement and emphasized the presumption of confusion in identical marks and the need to prove confusion for deceptively similar marks. Continue Reading Polo rides to the finish line in trademark infringement dispute

November 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 312Views 3Likes

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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 254Views 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 330Views 1Like

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Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

The Delhi High Court dismissed Wipro’s appeal, upholding an interim injunction favoring Himalaya Wellness in the ‘Evecare’ trademark dispute. The court found that Wipro’s use of the identical mark for its female hygiene product created a likelihood of confusion with Himalaya’s Ayurvedic uterine tonic, which had been in use since 1997. The decision emphasized the precedence of prior use over trademark registration in cases of passing off. Continue Reading Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

October 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 287Views 1Like

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Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

The Delhi High Court issued a permanent injunction in favor of Kaira District Cooperative Milk Producers Union, prohibiting Bio Logic from using the “AMUL” trademark for pharmaceutical products. The court found Bio Logic’s use of the trademark deliberate and awarded Kaira Rs. 5,00,000 in damages and costs. Continue Reading Pharma company’s buttery slip : Court Stops Trademark Infringement of ‘AMUL’

September 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 468Views 2Likes

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“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

The Bombay High Court orders a fresh review of Seiwa Kasei’s ‘PHYTOCUTICLE’ trademark application, challenging the Registrar’s refusal for lack of distinctiveness. Continue Reading “Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

September 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 389Views 3Likes

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Wrong Documents Served, Abandonment of Opposition Set Aside

The Delhi High Court restored the opposition in the ‘SIGNUM GROUP’ trademark dispute, correcting an abandonment caused by a Registrar’s error. The case highlights procedural issues in trademark registration and opposition management. Continue Reading Wrong Documents Served, Abandonment of Opposition Set Aside

September 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 297Views 2Likes

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Prakash Pipes prevails over later trademark for ‘Prakash’

The Madras High Court granted a rectification petition filed by Prakash Pipes Limited, canceling Mr. Rama’s ‘PRAKASH’ trademark for non-use. The Court found the registration to be malicious, aimed at unlawful enrichment, and noted the Petitioner’s long-standing rights and goodwill associated with the trademark. Continue Reading Prakash Pipes prevails over later trademark for ‘Prakash’