trademark law Archives

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 192Views 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 217Views 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 192Views 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 341Views 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 316Views 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 263Views 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’

September 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 305Views 3Likes

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Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

The Calcutta High Court ruled in favor of Visa International Ltd., quashing orders issued by Associate Managers who lacked the legal authority under the Trade Marks Act, 1999. The court emphasized the necessity of proper authorization for quasi-judicial functions within the Trademark Registry. Continue Reading Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

September 2, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 405Views 1Like

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DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

The Delhi High Court set aside the refusal order for the ‘DISPOWAY’ trademark after confirming that Disposafe Health And Life Care Limited did not receive the hearing notice. The court remanded the matter to the Registrar of Trademarks, directing the issuance of a fresh notice and restoration of the application. Continue Reading DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

August 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 273Views 2Likes

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Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

The Gujarat High Court’s decision in the Unisn vs. Unison case provides critical insights into evaluating trademark infringement. The court emphasized a holistic view of trademarks, considering the distinctiveness of goods and services, thereby ruling out the likelihood of confusion. This case reinforces the importance of product differentiation in trademark disputes. Continue Reading Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

August 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 508Views 0Like

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Importers Watch Out! Tag Heuer times out counterfeit watches

Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark

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

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

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

Wrong Documents Served, Abandonment of Opposition Set Aside

Prakash Pipes prevails over later trademark for ‘Prakash’

Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

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