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Prakash Pipes prevails over later trademark for 'Prakash'

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’

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

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

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DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

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

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

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

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Deciphering Intellectual Property: A Deep Dive into Recent Indian High Court Judgements

Deciphering Intellectual Property: A Deep Dive into Recent Indian High Court Judgements

Discover key Intellectual Property rulings from Indian High Courts in our latest BananaIP blog. Dive into concise case overviews, including trademark and patent disputes, providing valuable legal insights. Continue Reading Deciphering Intellectual Property: A Deep Dive into Recent Indian High Court Judgements

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In-Depth Review of Recent Trademark Judgments by the Delhi High Court: Key Decisions on 'NATURE'S VARIETY', 'Kavach', and 'Oleev Active'

Indian Courts on Trademark Law: Key Decisions Review – Part 8

Explore the Delhi High Court’s latest judgments in trademark law, analyzing the distinctiveness and registrability of ‘NATURE’S VARIETY’, ‘Kavach’, and ‘Oleev Active’, and their impact on Indian intellectual property rights. Continue Reading Indian Courts on Trademark Law: Key Decisions Review – Part 8

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Noteworthy trademark decisions India

Trademarks In The Courtroom: Noteworthy Decisions From India Part – 3

BananaIP Counsels presents Part-3 of "Trademarks in the Courtroom: Noteworthy Decisions from India," continuing our exploration of significant trademark judgments. This edition succinctly examines recent court decisions that shape India's trademark landscape. Letters Patent Inter-Court Appeal is permitted in trademark rectification petitions, says Delhi High Court. In a case involving the trademarks, PhonePe and PostPe, and variations of Pe, the Delhi High Court stated that Inter-Court appeals under clause 10 of the Letters Patents are available with respect to dismissal of…

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Trademarks In The Courtroom: Noteworthy Decisions From India Part - 2

Trademarks In The Courtroom: Noteworthy Decisions From India Part – 2

In our ongoing series, "Trademarks in the Courtroom: Noteworthy Decisions from India," BananaIP Counsels brings forth Part - 2, highlighting critical judgments from the Indian judiciary. Each judgment encapsulates key facets of trademark law, helping readers grasp the essence of pivotal decisions. Bennett Coleman Strengthens Rights in NOW Trademark, Court Limits Use of VNOW Bennett, Coleman and Company Limited filed a rectification petition to rectify the registration of the mark "VNOW" owned by VNOW Technologies Private Limited for specific services under…

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Trademarks in the Courtroom: Noteworthy Decisions from India [Part-1]

Trademarks in the Courtroom: Noteworthy Decisions from India [Part-1]

Welcome to Part 1 of “Trademarks in the Courtroom: Noteworthy Decisions from India,” brought to you by BananaIP Counsels. This edition delves into recent significant judgments related to Trademark Law in India, offering an analytical perspective on key rulings that have shaped the trademark landscape. Trademark squatting: 1. Delhi High Court orders removal of a trademark squatter’s registration. The Delhi High Court has asked the Registrar of Trademarks to remove the BPI Sports trademark registration of Saurabh Gulati from the register…

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