Delhi High Court Grants Protection To Indiamart's Trademark, Criticises Opponent For Misusing Its Promoters' Photos To Mislead Consumers
1 year, 5 months ago

Delhi High Court Grants Protection To Indiamart's Trademark, Criticises Opponent For Misusing Its Promoters' Photos To Mislead Consumers

Live Law  

Justice C. Hari Shankar of the Delhi High Court recently granted a permanent injunction in favour of Plaintiff-INDIAMART, which had filed a suit seeking restraining of defendant No.1 from using its trademark as well as logos. It was further claimed that the plaintiff’s marks constituted “original artistic works” within the meaning of Section 2 of the Copyright Act, 1957, and thus, defendant No.1 was infringing upon its copyright as well. The Court observed that defendant No.1 had clearly been using plaintiff’s registered trademark “INDIAMART” and copied its logo to provide services. In effect, the Court permanently injuncted defendant No.1 from using the plaintiff’s trademark “INDIAMART”. Considering that defendant No.1 had adopted a “nefarious scheme to dupe innocent persons”, the Court also granted punitive damages to the tune of Rs.10 lakhs in plaintiff’s favour.

Court Plaintiff Defendant Indiamart  no1  court  indiamarts  grants  mislead  promoters  plaintiffs  copyright  protection  trademark  using  high  indiamart  mr  opponent  defendant  plaintiff  photos  misusing

History of this topic

Delhi High Court Issues Permanent Injunction Against Trademark Infringement Of Ramada International, Awards ₹10 Lakh Damages
2 weeks, 2 days ago

Delhi High Court Issues Permanent Injunction Against Trademark Infringement Of Ramada International, Awards ₹10 Lakh Damages

Live Law  

The Delhi High Court has granted a permanent injunction in favour of the American hotel chain Ramada International, against trademark infringement by a party using the 'Ramada' mark as its corporate name. The Court noted that Ramada International filed two Interim applications since the defendant did not follow the Court's injunction order. Their failure to provide any cogent justification for …

Trademark Infringement: Delhi High Court Directs Manufacturer Of Counterfeit Products To Pay ₹11 Lakh To Puma
2 weeks, 3 days ago

Trademark Infringement: Delhi High Court Directs Manufacturer Of Counterfeit Products To Pay ₹11 Lakh To Puma

Live Law  

The Delhi High Court recently granted a permanent injunction in favour of Puma, restraining a manufacturer of counterfeit products from selling products under Puma's trademarks and its logos. On 18 October 2022, the Court had granted ex parte ad interim injunction, restraining the defendant from advertising, manufacturing or selling any products bearing Puma's mark, Puma logo or the Form Strip …

Why Delhi HC order on BHPC trade mark sets a significant precedent
1 month ago

Why Delhi HC order on BHPC trade mark sets a significant precedent

New Indian Express  

Intellectual property protection has long been a concern in India, primarily due to a lack of awareness and abuse by unscrupulous businesses. The Thursday ruling by the Delhi High Court in favor of Lifestyle Equities, the brand owner of "Beverly Hills Polo Club", has set a significant precedent. The company filed a trademark infringement lawsuit against Amazon Technologies in 2020, …

Delhi HC Restrains Rogue Websites From Infringing Trademark Of Reliance's 'YOUSTA' Fashion Brand, Orders Blocking Of Social Media Accounts
1 month, 1 week ago

Delhi HC Restrains Rogue Websites From Infringing Trademark Of Reliance's 'YOUSTA' Fashion Brand, Orders Blocking Of Social Media Accounts

Live Law  

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Reliance Retail Ltd, restraining several rogue websites and social media accounts from infringing the trademark of its 'Yousta' fashion brand. Justice Mini Pushkarna was considering Reliance Retail Ltd's suit which alleged that the rogue defendants have established fake social media profiles including Facebook, LinkedIn, YouTube, WhatsApp accounts …

Delhi HC Restrains Rogue Websites From Infringing Trademark Of Reliance's 'YOUSTA' Fashion Brand, Orders Blocking Of Social Media Accounts
1 month, 1 week ago

Delhi HC Restrains Rogue Websites From Infringing Trademark Of Reliance's 'YOUSTA' Fashion Brand, Orders Blocking Of Social Media Accounts

Live Law  

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Reliance Retail Ltd, restraining several rogue websites and social media accounts from infringing the trademark of its 'Yousta' fashion brand. Justice Mini Pushkarna was considering Reliance Retail Ltd's suit which alleged that the rogue defendants have established fake social media profiles including Facebook, LinkedIn, YouTube, WhatsApp accounts …

Both Denote Respect: Delhi HC Restrains Infringement Of NBFC's 'SVAMAAN' Trademark By Identical Business Using 'SAMMAAN' Name
1 month, 2 weeks ago

Both Denote Respect: Delhi HC Restrains Infringement Of NBFC's 'SVAMAAN' Trademark By Identical Business Using 'SAMMAAN' Name

Live Law  

The Delhi High Court has granted a temporary injunction in favour of Svamaan Financial Services Private Limited, a non-banking finance company providing microfinance loans, against trademark infringement by other businesses providing identical services using the 'SAMMAAN' formative name in their corporate logo. Justice Amit Bansal observed that the impugned 'SAMMAAN' marks were identically similar to Svamaan Financial Services 'SVAMAAN' trademark …

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court
1 month, 3 weeks ago

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court

Live Law  

The Delhi High Court has observed in a case of trademark infringement, even if a party is not physically selling impugned goods in a specific territory, but is offering them for sale through a website accessible in that territory, the Court where the goods are sold online would have jurisdiction to try the matter. Justice Mini Pushkarna observed, “Thus, when …

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court
1 month, 3 weeks ago

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court

Live Law  

The Delhi High Court has observed in a case of trademark infringement, even if a party is not physically selling impugned goods in a specific territory, but is offering them for sale through a website accessible in that territory, the Court where the goods are sold online would have jurisdiction to try the matter. Justice Mini Pushkarna observed, “Thus, when …

Delhi High Court Passes John Doe Order To Protect Trademark, Artistic Works Of Fashion Designer Rahul Mishra
2 months, 3 weeks ago

Delhi High Court Passes John Doe Order To Protect Trademark, Artistic Works Of Fashion Designer Rahul Mishra

Live Law  

The Delhi High Court has passed a john doe order in order to protect the copyright in the original artistic work as well as trademark registered in favour of Indian fashion designer Rahul Mishra. Justice Amit Bansal restrained the sale, manufacturing and advertising counterfeit dresses and outfits, replicas of Mishra's designs, under the registered trademark “Rahul Mishra”, in any. Justice …

Delhi High Court Grants Interim Relief To 'Upstox' Against Trademark, Copyright Infringement By Unknown Entities
2 months, 3 weeks ago

Delhi High Court Grants Interim Relief To 'Upstox' Against Trademark, Copyright Infringement By Unknown Entities

Live Law  

The Delhi High Court has in an interim order restrained unknown entities from infringing on the 'UPSTOX' trademarks, work marks and copyrighted photographs–an online trading application owned by RKSV Securities India Pvt. It alleged infringement of its registered 'UPSTOX' trademarks and word marks and action of passing off along with copyright infringement by unknown defendants. The plaintiff alleged that unknown …

Delhi High Court Restrains Moti Mahal's Ex-Franchisee From Infringing The Chain's Trademark And Copyright
3 months, 1 week ago

Delhi High Court Restrains Moti Mahal's Ex-Franchisee From Infringing The Chain's Trademark And Copyright

Live Law  

The Delhi High Court has issued a temporary injunction in favour of Moti Mahal Delux Management Services Pvt. Moti Mahal contended that the defendant's malafides are evident from the fact that it has continued to use 'MOTI MAHAL DELUX TANDOORI TRAIL' trademark. Moti Mahal further stated that despite the termination of the Franchise Agreement, the defendant displayed the marks on …

Delhi HC Awards ₹14 Lakh Costs To 'New Balance' In Trademark Infringement Suit Against Website Selling Counterfeit Products
3 months, 3 weeks ago

Delhi HC Awards ₹14 Lakh Costs To 'New Balance' In Trademark Infringement Suit Against Website Selling Counterfeit Products

Live Law  

The Delhi High Court has recently awarded more than Rs. 14 lakh as costs to sports footwear and apparel brand “New Balance” in a trademark infringement suit filed by it against a rogue website selling counterfeit products. Justice Mini Pushkarna decreed the suit in favour of New Balance and against the website - www.luxurytag.in, its owner and operators. The Court …

Delhi High Court Orders Removal Of 'MH7' Trademark For Infringement Of MH ONE TV Network's Marks
4 months ago

Delhi High Court Orders Removal Of 'MH7' Trademark For Infringement Of MH ONE TV Network's Marks

Live Law  

The Delhi High Court has directed the Registrar of Trade Marks to remove the “MH7” trademark from its register, ruling that it infringes upon the trademarks owned by MH ONE TV Network Private Limited. In view of the similarity of the MH One Network's mark with the respondents, the Network sought cancellation of the registered trademark of the respondents. Comparing …

Reusing Another Brand's Embossed Beer Bottles To Sell One's Own Beer Product Is Trademark Infringement: Madhya Pradesh High Court
4 months, 1 week ago

Reusing Another Brand's Embossed Beer Bottles To Sell One's Own Beer Product Is Trademark Infringement: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has made it clear that reusing old beer bottles, which are embossed with the brand name/ logo of another company, to sell one's own beer product- constitutes trademark infringement. A division bench of Justices Sanjeev Sachdeva and Pranay Verma thus restrained the sale of two beer companies in old bottles of Mount Everest Breweries Ltd., …

Bombay High Court Issues Interim Injunction Against Trademark & Copyright Infringement Of 'CAMPA' Soft Drinks By “Jhampa”
4 months, 2 weeks ago

Bombay High Court Issues Interim Injunction Against Trademark & Copyright Infringement Of 'CAMPA' Soft Drinks By “Jhampa”

Live Law  

The Bombay High Court has issued a temporary injunction against trademark and copyright infringement 'CAMPA' beverages, owned by Reliance Retail Ltd. Reliance filed the suit against the defendants for trademark infringement, passing off and copyright infringement of the non-alcoholic Campa beverages. Reliance stated that Campa Beverages assigned the 'CAMPA' trademark and its copyrighted and artistic works to it in August …

Trademark Registration Does Not Confer Immunity From Challenges, When Allegations Of Passing Off Are Substantiated: Delhi High Court
8 months, 3 weeks ago

Trademark Registration Does Not Confer Immunity From Challenges, When Allegations Of Passing Off Are Substantiated: Delhi High Court

Live Law  

Finding that the contents of the plaint sufficiently demonstrate the Plaintiff's rights in the trademark “HUALI”, as well as their prior and extensive use of the same, the Delhi High Court held that the Plaintiff holds the seniority in usage rights of the “HUALI” trademark. In addition to asserting strong common law rights in the “HUALI” trademark, the Plaintiff has …

Delhi High Court Passes John Doe Order In Favour Of Indian Hotels Company Over Use Of 'Ginger' Trademark By 'Fraudulent Websites'
10 months, 2 weeks ago

Delhi High Court Passes John Doe Order In Favour Of Indian Hotels Company Over Use Of 'Ginger' Trademark By 'Fraudulent Websites'

Live Law  

The Delhi High Court has passed a John Doe order in favour of Indian Hotels Company, part of the TATA group of companies, by restraining various “unknown fraudulent websites” using its registered trademark “Ginger” unauthorisedly for hotel bookings. Justice Sanjeev Narula issued a summons in the trademark infringement suit filed by the Indian Hotels Company against various unknown. Justice Sanjeev …

Apparel Manufacturer 'Killer' Files Trademark Infringement Suit In Bombay High Court Against Netflix Series 'Killer Soup'
1 year, 2 months ago

Apparel Manufacturer 'Killer' Files Trademark Infringement Suit In Bombay High Court Against Netflix Series 'Killer Soup'

Live Law  

A trademark infringement suit has been filed in the Bombay High Court by Kewal Kiran Clothing Limited against Netflix Entertainment Services India LLP and Macguffin Pictures LLP for alleged infringement of their registered 'KILLER' trademark. Kewal Kiran, a major apparel manufacturer and retailer in India, claims to be the proprietor of the 'KILLER' trademark registered across various classes including clothing, …

Delhi High Court Restrains Manufacturers From Selling Cosmetic Products Using Similar Packaging Of 'Blue Heaven'
1 year, 2 months ago

Delhi High Court Restrains Manufacturers From Selling Cosmetic Products Using Similar Packaging Of 'Blue Heaven'

Live Law  

The Delhi High Court recently restrained two manufacturers from selling cosmetic products under the mark 'Namo Navkar' using imitative and identical packaging of Blue Heaven's eyeliner, mascara and kajal. Justice Prathiba M Singh observed that the use of identical artwork and packaging is likely to create deception amongst the consumers that the products of the two manufacturers also emanate. Justice …

Selling Counterfeit Goods Is As Much A Tort Of Infringement Or Passing Off As Manufacturing The Goods: Delhi High Court
1 year, 5 months ago

Selling Counterfeit Goods Is As Much A Tort Of Infringement Or Passing Off As Manufacturing The Goods: Delhi High Court

Live Law  

The Delhi High Court recently decreed a suit in favour of New Balance Athletics Inc., holding that dealing in counterfeit goods was sufficient to constitute infringement/passing off. During the course of proceedings before Justice C. Hari Shankar, Advocate Harsh Vardhan Singh argued that defendant No.1 had merely dealt with the counterfeit goods procured from defendant No.3 and was not conscious …

Akin To Theft In Police Station: Delhi High Court Grants Ex-Parte Injunction Against Indian Companies Using Japan Patent Office’s Logo
1 year, 5 months ago

Akin To Theft In Police Station: Delhi High Court Grants Ex-Parte Injunction Against Indian Companies Using Japan Patent Office’s Logo

Live Law  

The Delhi High Court has restrained Indian company ‘A2Z Glass and Glazing Co.’ and its two sister concerns from using Japan Patent Office’s mark/logo as well as the mark ‘JPO PLATINUM’ in respect of any product or service, with immediate effect. On the other, the Defendants were stated to have filed for registration of trade mark ‘JPO PLATINUM’ in Class …

Proprietor Must Establish 'Validity' Of Trademark Registration U/S 28 To Obtain Relief Against Infringement: Delhi High Court
1 year, 7 months ago

Proprietor Must Establish 'Validity' Of Trademark Registration U/S 28 To Obtain Relief Against Infringement: Delhi High Court

Live Law  

The Delhi High Court has ruled that proprietorship of registration in respect of a trademark does not ipso facto entitle to the proprietor the right to obtain relief against infringement of the mark.Justice C Hari Shankar added that the rights to claim exclusivity over the trademark and to obtain relief against its infringement, as envisaged under Section 28 of the …

Delhi High Court Imposes Over ₹9.5 Lakh Cost On Three Manufacturers For ‘Blatantly’ Infringing Louis Vuitton Trademarks
1 year, 11 months ago

Delhi High Court Imposes Over ₹9.5 Lakh Cost On Three Manufacturers For ‘Blatantly’ Infringing Louis Vuitton Trademarks

Live Law  

The Delhi High Court has imposed costs of over Rs. 9.5 lakhs on three individuals for blatantly infringing the trademarks of Louis Vuitton and failing to appear before the court in the trademark infringement suit filed by the French luxury company.Justice Amit Bansal said that this is a fit case for award of actual costs to Louis Vuitton and awarded …

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’
1 year, 11 months ago

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’

Live Law  

The Bombay High Court refused to grant interim relief to PhonePe for alleged infringement of its trademark “PhonePe” by Resilient Innovations’ trademark “postpe”. Justice Manish Pitale cited contradictions between PhonePe’s stand taken before the Delhi High Court and the Bombay High Court regarding the meaning of the term “Pe”. The plaintiff filed opposition proceedings before the trademark registrar for registration …

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’
1 year, 11 months ago

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’

Live Law  

The Bombay High Court refused to grant interim relief to PhonePe for alleged infringement of its trademark “PhonePe” by Resilient Innovations’ trademark “postpe”. Justice Manish Pitale cited contradictions between PhonePe’s stand taken before the Delhi High Court and the Bombay High Court regarding the meaning of the term “Pe”. The plaintiff filed opposition proceedings before the trademark registrar for registration …

Prima Facie Infringement Made Out: Bombay High Court Temporarily Restrains Pune's Regal Footwear From Using 'Regal' Trademark
2 years, 2 months ago

Prima Facie Infringement Made Out: Bombay High Court Temporarily Restrains Pune's Regal Footwear From Using 'Regal' Trademark

Live Law  

The Bombay High Court temporarily restrained Pune’s Regal Footwear from using the mark ‘Regal’ in a trademark infringement suit filed by owners of Mumbai’s Regal Shoes. Justice R. I. Chagla, while deciding a notice of motion in the suit held, “The Plaintiffs case of passing off is made out particularly considering that the rival marks are identical and used for …

WhiteHat Jr vs Whitehat SR: Delhi High Court Orders Suspension Of Digital Marketing Website In Byju's-owned Platform's Trademark Suit
2 years, 3 months ago

WhiteHat Jr vs Whitehat SR: Delhi High Court Orders Suspension Of Digital Marketing Website In Byju's-owned Platform's Trademark Suit

Live Law  

The Delhi High Court has restrained a digital marketing service provider from using the mark 'Whitehat Sr' after Byju's-owned WhiteHat Jr accused it of infringement of trademarks and passing off.Granting an interim injunction in favour of WhiteHat Jr, Justice Amit Bansal directed that the access and operation of the website www.whitehatsr.in be suspended and the domain name be taken down. …

Delhi High Court Awards Over ₹2 Crore Damages To Adobe In Trademark Infringement Suit Against Habitual Cyber-Squatter
2 years, 3 months ago

Delhi High Court Awards Over ₹2 Crore Damages To Adobe In Trademark Infringement Suit Against Habitual Cyber-Squatter

Live Law  

The Delhi High Court has awarded over two crores as damages in favour of Adobe, a US-based multinational computer software company, while decreeing its suit alleging infringement of its registered trademark 'ADOBE' by one Namase Patel.The cyber squatter is accused of registering confusingly similar domain names in respect of computer software and other IT related services.Justice C Hari. The Delhi …

Plaint Alleging Passing Off Can Be Amended To Include Remedy Against Trademark Infringement Where Cause Of Action Is Same: Karnataka HC
2 years, 3 months ago

Plaint Alleging Passing Off Can Be Amended To Include Remedy Against Trademark Infringement Where Cause Of Action Is Same: Karnataka HC

Live Law  

The Karnataka High Court has said that in a suit against passing off, amendment to plaint is permissible to include the remedy for trademark infringement if the cause of actions are substantially identical and both the reliefs are virtually based on the same fundamental idea. A single judge bench of Justice Sachin Shankar Magadum allowed the application filed by Milaap …

If 'Ease Of Doing Business' Is Truly To Be Achieved, Such Negligence Is Unpardonable: Delhi HC Pulls Up Controller General of Trademarks
2 years, 5 months ago

If 'Ease Of Doing Business' Is Truly To Be Achieved, Such Negligence Is Unpardonable: Delhi HC Pulls Up Controller General of Trademarks

Live Law  

The Delhi High Court has pulled up the Controller General of Patents, Designs and Trademarks for its failure to communicate the filing of opposition by two entities in respect of registration of international trademarks to the International Bureau of World Intellectual Property Organisation within the timeline stipulated under the Trademarks Act. The court was dealing with two pleas raising a …

'Rajnigandha Well Known Trademark, Entitled To Higher Degree Of Protection': Delhi High Court Blocks Sale of Rajni Paan
2 years, 5 months ago

'Rajnigandha Well Known Trademark, Entitled To Higher Degree Of Protection': Delhi High Court Blocks Sale of Rajni Paan

Live Law  

The Delhi High Court recently passed a decree in favour of Dharampal Satyapal Limited - the manufacturers of the iconic pan masala Rajnigandha and permanently halted the production, sale or promotion of any product under the trademark 'RAJNI PAAN',Holding that the defendants had intentionally attempted to "trade off the significant goodwill and reputation of the plaintiffs", the Court. The Delhi …

ApplesTree vs ApplePlant: How Delhi High Court Interpreted Synonymy In A Trademark Infringement Suit
2 years, 5 months ago

ApplesTree vs ApplePlant: How Delhi High Court Interpreted Synonymy In A Trademark Infringement Suit

Live Law  

Interpreting synonymy in a matter related to two similar trademarks - APPLESTREE and APPLEPLANT, which belong to different manufacturers, the Delhi High Court in a recent order said the words 'plant' and 'tree' are a classic example of synonymy where reading one would bring in mind the other and lead to confusion in the mind of purchasers.Justice Jyoti Singh noted …

Overseas Online Business And Territorial Jurisdiction In Trademarks Infringement Suits
2 years, 5 months ago

Overseas Online Business And Territorial Jurisdiction In Trademarks Infringement Suits

Live Law  

An ex-parte interim injunction was granted, by Delhi High Court, in favour of Tata sons, restraining two companies registered in the UK and the USA from unauthorized use of the registered trademark 'TATA'. Legislation Vesting Jurisdiction: The jurisdiction for trademark infringements is guided by provisions of Civil Procedure Code Section 20, which states that every suit shall be instituted in …

Perils Of Internet-Based Businesses: Delhi HC Expresses Concern Over Alarming Rise In Cases Of Trademark Infringement By Anonymous Persons
2 years, 6 months ago

Perils Of Internet-Based Businesses: Delhi HC Expresses Concern Over Alarming Rise In Cases Of Trademark Infringement By Anonymous Persons

Live Law  

The Delhi High Court recently expressed concern over the alarming rise in cases of Trademark infringement by anonymous persons on internet. A single bench of Justice Prathiba M. Singh observed,"Matters in which unknown persons are infringing and using well-known marks, to the detriment of the holder of the mark, are mushrooming at an alarming rate. A single bench of Justice …

Pepsico v. Ramdev Industries: Delhi High Court Grants Interim Injunction Against Use Of Logo Similar To LAY'S Chips
2 years, 7 months ago

Pepsico v. Ramdev Industries: Delhi High Court Grants Interim Injunction Against Use Of Logo Similar To LAY'S Chips

Live Law  

The Delhi High Court has recently passed an ad interim injunction against a namkeen manufacturer for using a logo which was deceptively similar to the "LAY's 'Sun Banner' device mark.Justice Navin Chawla also appointed a Local Commissioner and directed confiscation of all the products bearing the impugned logo. The Delhi High Court has recently passed an ad interim injunction against …

'Khadi' Trademark Infringement Suit: Delhi High Court Grants Permanent Injunction Against 'Khadi By Heritage', Awards ₹12 Lakhs Damages & Cost
2 years, 7 months ago

'Khadi' Trademark Infringement Suit: Delhi High Court Grants Permanent Injunction Against 'Khadi By Heritage', Awards ₹12 Lakhs Damages & Cost

Live Law  

The Delhi High Court has granted permanent injunction against KHADI BY HERITAGE, engaged in selling of PPE kits, hand sanitizers and fireballs, in the trademark infringement suit filed by KHADI observing that there was a "reasonable expectation" that the latter misused the former's trademark to promote its products.Justice Pratibha M Singh awarded damages to the tune of Rs.10 lakhs and …

Delhi High Court restrains confectionary Facebake from using deceptively similar 'Facebook' mark
2 years, 8 months ago

Delhi High Court restrains confectionary Facebake from using deceptively similar 'Facebook' mark

Firstpost  

The plaintiff told the court that it was aggrieved by the adoption of the mark ‘Facebake’ by the defendant, which mimicked the visual presentation of ‘Facebook’ by copying the colour scheme, font, commercial impression, and overall look and feel New Delhi: The Delhi High Court has permanently restrained the owner of a confectionary under the name ‘Facebake’ from using any …

Delhi High Court Permanently Restrains Retail Store From Selling Any Counterfeit Product Under 'Hettich' Trademark & Logo
2 years, 9 months ago

Delhi High Court Permanently Restrains Retail Store From Selling Any Counterfeit Product Under 'Hettich' Trademark & Logo

Live Law  

The Delhi High Court has restrained a retail store from selling any counterfeit product or any other related goods under the trademark and trade name HETTICH and HETTICH Logo.Justice Jyoti Singh was dealing with a suit filed by Heettich Marketing-Und Vertriebs Gmbh & Co. against a retail store namely Gupta Store seeking to restrain it from infringing the trademarks 'HETTICH' …

Delhi High Court Permanently Restrains Pharmaceutical Products Manufacturers From Using LOOZOUT Trademark, Imposes Rs. 2 Lakhs Cost
2 years, 9 months ago

Delhi High Court Permanently Restrains Pharmaceutical Products Manufacturers From Using LOOZOUT Trademark, Imposes Rs. 2 Lakhs Cost

Live Law  

The Delhi High Court has permanently restrained two manufacturers of the pharmaceutical products from manufacturing, selling, advertising and promoting the products using the trademark 'LOOZOUT', which was deceptively similar to the registered trademark 'LOOZ'. Justice Jyoti Singh also restrained the manufacturers from manufacturing and selling products under any other mark which was identical. Justice Jyoti Singh also restrained the manufacturers …

Delhi High Court Restrains Faces Cosmetics From Selling Products Under 'Velvette Matte' Trademark In Suit Filed By Colorbar Cosmetics
2 years, 9 months ago

Delhi High Court Restrains Faces Cosmetics From Selling Products Under 'Velvette Matte' Trademark In Suit Filed By Colorbar Cosmetics

Live Law  

The Delhi High Court has restrained a Canada based company Faces Cosmetics from selling and manufacturing its products under the mark 'Velvette Matte' in the trademark infringement suit filed by Colorbar Cosmetics.Justice Pratibha M Singh granted ad interim ex parte injunction in favour of Colorbar Cosmetics Private Limited by restraining Faces Cosmetics India Private for manufacturing,. The Delhi High Court …

Karim's v. Kareem's: Delhi High Court Restrains Businessman From Infringing Trademark Of Old Delhi's Mughlai Food Outlet
2 years, 9 months ago

Karim's v. Kareem's: Delhi High Court Restrains Businessman From Infringing Trademark Of Old Delhi's Mughlai Food Outlet

Live Law  

Coming to the aid of Old Delhi's popular Mughlai food outlet "Karim's", the Delhi High Court has restrained Mumbai based businessman Kareem Dhanani from opening any further restaurants under deceptively similar marks, till August 8.Justice Prathibha M. Singh further directed Dhanani to ensure that in the restaurants run by him or by his franchises, no representation is made to the …

Use Of Competitor's Trademark As Keyword For Promoting Business On Search Engines/ App Store Violates Rights Of Trademark Owner: Delhi High Court
2 years, 9 months ago

Use Of Competitor's Trademark As Keyword For Promoting Business On Search Engines/ App Store Violates Rights Of Trademark Owner: Delhi High Court

Live Law  

The Delhi High Court has observed that the use of keywords for promoting a business using competitor's trademark would be violative of the rights of the trademark owner. The Plaintiff was aggrieved by the use of the marks 'A23' and 'Ace2three' as 'keywords' by the Defendant, Tictok Skill Games Private Limited, on the Apple Application Store. It was argued that …

Bajaj Almond Hair Oil: Delhi High Court Directs Pioneer Herbals To Consider Changing Their Deceptively Similar Trade Dress
2 years, 10 months ago

Bajaj Almond Hair Oil: Delhi High Court Directs Pioneer Herbals To Consider Changing Their Deceptively Similar Trade Dress

Live Law  

The Delhi High Court recently, while adjudicating on a trademark infringement suit instituted by hair oil manufacturer Bajaj, has asked the defendant company 'Pioneer Herbals' to consider a change of their trade dress to avoid infringement of the former's rights. Justice Prathiba M Singh observed: "In view of the facts of the present case and the above legal position, this …

Delhi High Court Grants Ex-Parte Interim Injunction In Favour Of Hindustan Unilever, Orders Blocking Of 5 Rogue Websites
2 years, 10 months ago

Delhi High Court Grants Ex-Parte Interim Injunction In Favour Of Hindustan Unilever, Orders Blocking Of 5 Rogue Websites

Live Law  

The Delhi High Court recently granted ex parte interim injunction in favour of FMCG giant Hindustan Unilever Ltd. and against 5 rogue websites including "Unilever1.in" on ground that their trademark and website domain is deceptively similar to that of the plaintiff. The application was preferred by the Plaintiff- Hindustan Unilever under Order 39 Rules 1 and 2 read with Section …

Whether Use Of A Trademark As A Keyword On Google Ad Program Would Constitute Infringement? Delhi High Court To Consider
2 years, 11 months ago

Whether Use Of A Trademark As A Keyword On Google Ad Program Would Constitute Infringement? Delhi High Court To Consider

Live Law  

The Delhi High Court is set to consider the question as to whether use of a trademark as a keyword on the Google Ad program, would constitute infringement.Justice Pratibha M Singh will be adjudicating the said question while dealing with a suit filed by Upcurve Business Services Pvt. The Delhi High Court is set to consider the question as to …

No Call To Have Expert Witness To Testify To Use Of Identical Mark In Registered Trademark Infringement Or Passing Off Cases: Delhi High Court
2 years, 11 months ago

No Call To Have Expert Witness To Testify To Use Of Identical Mark In Registered Trademark Infringement Or Passing Off Cases: Delhi High Court

Live Law  

The Delhi High Court has observed that in a case of infringement of registered Trade Marks or passing off, similarity of the marks used is to be considered and that there is no call to have an expert witness to testify to the use of an identical or similar Trade Mark. "A perusal of the impugned judgment would reveal that …

Delhi High Court Grants ₹15 Lakhs Monetary Damages To Owner Of Trademark 'BOAT' Over Seizure Of Counterfeit Products
3 years ago

Delhi High Court Grants ₹15 Lakhs Monetary Damages To Owner Of Trademark 'BOAT' Over Seizure Of Counterfeit Products

Live Law  

The Delhi High Court has ordered a total of Rs. 15 lakhs monetary damages to be paid the owner of trademark 'BOAT' over seizure of various counterfeit products based on inspection made by Court appointed Local Commissioners.Justice Pratibha M Singh was of the view that the Defendants had blatantly infringed the trademark and logos as also the packaging of the …

"Unacceptable": Delhi High Court Imposes ₹1 Lakh Cost Each On Two Officials From Trade Marks Controller General's Office For Concealing Facts
3 years ago

"Unacceptable": Delhi High Court Imposes ₹1 Lakh Cost Each On Two Officials From Trade Marks Controller General's Office For Concealing Facts

Live Law  

The Delhi High Court has imposed a cost of Rs. Insofar as registered trademarks qua which oppositions are filed are concerned, the Court said that where trademark registration certificates have been issued, the affidavit shall also inform the procedure in which the said certificates shall either be cancelled or recalled. The fact that this order is applicable to the filing …

"Unacceptable": Delhi High Court Imposes ₹1 Lakh Cost Each On Two Officials From Trade Marks Controller General's Office For Concealing Facts
3 years ago

"Unacceptable": Delhi High Court Imposes ₹1 Lakh Cost Each On Two Officials From Trade Marks Controller General's Office For Concealing Facts

Live Law  

The Delhi High Court has imposed a cost of Rs. Insofar as registered trademarks qua which oppositions are filed are concerned, the Court said that where trademark registration certificates have been issued, the affidavit shall also inform the procedure in which the said certificates shall either be cancelled or recalled. The fact that this order is applicable to the filing …

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