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SCRUM Alliance’s Rectification Petition  relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

SCRUM Alliance’s Rectification Petition  relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

In Scrum Alliance Inc. v. Prem Kumar S., the Madras High Court dismissed Scrum Alliance’s petition to revoke the “CSM” trademark registered by Prem Kumar. The Court held that Scrum Alliance had not substantiated prior use of the mark in India and affirmed Prem Kumar’s ri Continue Reading SCRUM Alliance’s Rectification Petition  relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

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Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

The Madras High Court ruled in favor of petitioners V. Lakshminarayanasamy and Suguna Lakshminarayanasamy in the “SUGUNA” trademark case, ordering the rectification of the respondent’s mark registration due to its deceptive similarity and potential for consumer confusion. The court emphasized the petitioners’ established prior use and rejected the respondent’s defense of concurrent usage. Continue Reading Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

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‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

In the case of Koteshwar Chemfood Industries Pvt. Ltd. v. Sachdeva and Sons Industries Pvt. Ltd., the Delhi High Court ordered rectification of the ‘PRIME’ trademark, removing salt and spices due to non-use, following a petition filed by Koteshwar Chemfood. Continue Reading ‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use

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Image accompanying blogpost on "Court Cancels 'Crocksclub' trademark"

Crocs croaks out its clone! Court Cancels ‘Crocksclub’ trademark

Crocs Inc. successfully filed a rectification petition to remove the trademark CROCKSCLUB, securing sole rights to the CROCS trademark in India. The court ruled in favor of Crocs Inc., highlighting the likelihood of confusion and risk of association with CROCS goods. Continue Reading Crocs croaks out its clone! Court Cancels ‘Crocksclub’ trademark

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Image accompanying blogpost on "THE CHANGING DYNAMICS OF INFRINGEMENT, STAY OF SUIT AND DAMAGES IN TRADEMARK CASES"

The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of…

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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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