Trademark Registration Does Not Confer Immunity From Challenges, When Allegations Of Passing Off Are Substantiated: Delhi High Court
8 months, 2 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 also undertaken efforts to secure statutory rights in several international jurisdictions. 1 has dishonestly secured registration for “HUALI” based on a fictitious user claim, the Trademark Registry initially raised certain objections citing the Plaintiff's pending application and calling upon the Defendant to produce documents in support of the claimed user date. Additionally, the Bench found that the Defendant's trademark application was initially rejected with an objection u/s 11 of the Trademarks Act, citing the Plaintiff's application for “HUALI” an identical mark.

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History of this topic

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

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court
1 month, 2 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, 2 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 …

Bombay High Court Restrains Entity From Infringing Everest's Tikhalal Trademark, Slaps ₹2 Lakh Fine For Fabricating Sales Invoice
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2 months, 2 weeks ago

Bombay High Court Restrains Entity From Infringing Everest's Tikhalal Trademark, Slaps ₹2 Lakh Fine For Fabricating Sales Invoice

Live Law  

The Bombay High Court has granted a temporary injunction in favour of the popular spice brand 'Everest', against the trademark infringement of its 'Tikhalal' chilli powder product by a business selling spices and similar goods. In its interim application, Everest Food submitted that the defendants attempted to mislead the Court by producing false and fabricated sales invoices along with their …

HC protects Everest’s rights in ‘Tikhalal’ trademark
2 months, 2 weeks ago

HC protects Everest’s rights in ‘Tikhalal’ trademark

Hindustan Times  

The Bombay high court on Thursday upheld the trademark rights of Everest Food Products Pvt Ltd over the usage of trademark ‘Tikhalal’ and restrained Shyam Dhani Industries Pvt Ltd from using the trade name. HC protects Everest’s rights in ‘Tikhalal’ trademark Everest Food Products had filed a suit against Shyam Dhani Industries for trademark infringement of the word ‘Tikhalal’, contending …

Delhi High Court Orders Removal Of 'MH7' Trademark For Infringement Of MH ONE TV Network's Marks
3 months, 3 weeks 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 …

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 …

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 …

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 …

Registrar Should Consider 'Special Circumstances' U/S 12 Trade Marks Act Before Declining Applications For Registration: Delhi High Court
2 years, 6 months ago

Registrar Should Consider 'Special Circumstances' U/S 12 Trade Marks Act Before Declining Applications For Registration: Delhi High Court

Live Law  

The Delhi High Court has observed that the Registrar of Trademarks should consider 'special circumstances' mentioned under Section 12 of the Trade Marks Act, 1999 before rejecting the applications filed with it seeking registration of marks.Section 12 permits registration of identical or similar trademarks in respect of the same or similar goods or services, by more than one proprietor, in. …

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 …

When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court
3 years, 2 months ago

When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court

Live Law  

The Supreme Court observed that, in an action for infringement, when the trade mark of the defendant is identical with the registered trade mark of the plaintiff and that the goods or services of the defendant are identical with the goods or services covered by registered trade mark, the Court shall presume that it is likely to cause confusion on …

Trademark law set for major shakeup[1]- Chinadaily.com.cn
8 years, 1 month ago

Trademark law set for major shakeup[1]- Chinadaily.com.cn

China Daily  

Air Jordan sneakers on display in a store in Beiing.Provided To China Daily New regulations to clarify the use of brand logos and prevent infringements will come into force soon. The Beijing High People's Court ruled that the company had violated the "principle of good faith" required under China's trademark law when a trademark is registered. Stipulations "The application for …

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