Trademark rectification Archives

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

The Delhi High Court ruled in favor of Gemini Edibles and Fats India Ltd. in a trademark rectification petition, directing the removal of the “DREAM FREEDOM” mark from the Register of Trade Marks. The court found that the respondent had deceptively adopted the mark and trade dress of Gemini’s “FREEDOM” brand, leading to potential consumer confusion. The ruling reinforced the principles of prior use and deceptive similarity in trademark law. Continue Reading “DREAM FREEDOM” Trademark removed from register for Deceptive…

2 days ago IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 126Views 1Like

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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 569Views 1Like

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Court directs cancellation of “STAR” Trademark for lack of honest and concurrent use

The Madras High Court, in a dispute involving STAR Plastics and S Star Trading Co., canceled the latter’s trademark under Class 11, citing deceptive similarity and dishonest adoption. The Court upheld STAR Plastics’ prior use and registration rights, directing the Registrar to remove the 1st Respondent’s trademark from the registry. Continue Reading Court directs cancellation of “STAR” Trademark for lack of honest and concurrent use

November 22, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 410Views 3Likes

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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

November 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 414Views 1Like

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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

October 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 390Views 0Like

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‘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

September 27, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 595Views 1Like

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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

June 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 805Views 2Likes

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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…

March 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 1011Views 0Like

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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…

October 20, 2023 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 716Views 0Like

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Celebrating 20 Years of IP Excellence

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

COCOMELON spells a ‘Melon’cholic end for Copycat Competitors

Court directs cancellation of “STAR” Trademark for lack of honest and concurrent use

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

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

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

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

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

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

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