‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever
Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”
injunction
‘Right to use one’s name on one’s goods cannot be compromised’; Delhi HC denies injunction to Jindal Industries for mark ‘JINDAL’ against mark ‘RN JINDAL SS TUBES’
“The risk of having others bona fide using ‘JINDAL’ as a name for their products, and in the marks used on their products, is a risk that plaintiff consciously took, when it obtained registration of the mark ‘JINDAL’.”
Delhi High Court dismisses defamation suit against Senior Advocate applying Doctrine of Absolute Privilege
“While one cannot quibble with the broad proposition that a person, while exercising his right to free speech, cannot make reckless utterances, which tantamount to defaming another person, it has certain exception like utterances made during Parliamentary or Judicial proceedings.”
[GOLD STEP v. GOLD FLAKE] Delhi High Court grants ad-interim injunction to ITC Ltd for its mark ‘GOLD FLAKE’ in relation to cigarettes
“Since defendants are using different marks on outer packaging of the impugned products and identical roundel devices on the individual cigarette sticks, the Local Commissioner is permitted to open cigarette packs to inspect the logos/devices on the individual cigarette sticks.”
Delhi High Court grants interim injunction to TiE Inc for its mark ‘TIE’/ ‘TiE Global’/ ‘THE INDUS ENTREPRENEUR’
“Balance of convenience lies in favour of plaintiff, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
Delhi High Court dismisses plea to grant injunction to Lotus Herbals for mark ‘Lotus’ against Deepika Padukone’s brand ‘Lotus Splash’
“The products are completely dissimilar in appearance with a wide difference in the prices of the products. A consumer who uses such products would be aware of the difference between ‘Lotus Splash’ and plaintiff’s lotus family of products.”
Delhi High Court restrains Gujarat-based AAJ TAK WATCH NEWS from using India Today Group’s popular mark AAJ TAK
The defendant was broadcasting on a YouTube Channel, as well as publishing a newspaper in the name of “AAJTAK WATCH”, through the State of Gujarat.
Delhi High Court grants ad interim injunction in favour of Mannat Group of Hotels for its mark ‘MANNAT’
The MANNAT DHABA and MANNAT logo has been registered by the Mannat Group of Hotels Private Limited for their Dhabas and eateries, located at Murthal on the Delhi-Chandigarh Highway.
‘Court has power to grant mandatory injunctions at interlocutory stage’; Calcutta High Court directs demolition in violation of injunction order
The Calcutta High Court reiterated that the court, in exercising equitable jurisdiction, has the power to remedy wrongful acts, especially when there is a violation of a restraint order.
Bombay High Court refuses to set aside injunction order passed in favour of Marico Limited product under its brand Parachute
It is no defence to state that others have also infringing the marks/labels of the Plaintiff as the Defendant cannot seek shelter behind other infringers or potential infringers.
Delhi High Court passes John Doe injunction order restraining use of mark WOW MOMO
There are unknown entities holding themselves as authorized franchise agents of Wow Momo Private Limited, whereas it has, in fact, no franchisees.
Bombay High Court declares ‘ATOMBERG’ as a well known trademark in India
The Plaintiff is a company engaged in manufacturing marketing and selling a wide variety of home appliances, such as ceiling fans, pedestal fans, wall fans, exhaust fans, mixer grinders, smart door locks, and accessories thereof, such as fan remote, fan motor, fan canopy, fan blades, etc. under the trade mark/trade name ATOMBERG since 2012.
‘Just looking like a wow!’; Delhi High Court grants injunction in favour of Body Cupid Private Limited for its ‘WOW’ mark
The plaintiff’s case is that it uses the brand ‘WOW’ for many products, including supplements, herbal blends, creams, serums, lotions, shampoos, bath & body products, essential oils, etc.
Delhi High Court| Tata Sons shall cease to use ‘XPERT’ as trademark but use EXPERT in a non-trademark sense in a descriptive manner for its detergent product
The grievance of RSPL Limited is the use of the mark EXPERT and depiction of the partial clock on the detergent packaging of the defendants as also the use of the word expert and use of the elongated X and DX.
Delhi High Court grants injunction against Mankind Pharma Limited for infringing Hind Chemical’s ‘SU-MAG’ packaging
The plaintiff’s main product line includes an ointment meant for relief of boils and abrasions famously known as ‘SU-MAG’ and also manufactures ‘MAG-MAG’, ‘CREMOBAR’, ‘COFEX’, ‘GLYCERIN’, ‘SUPPOSITORY’ as well as other ayurvedic products namely ‘Livzon Syrup and Capsule’ and ‘Imminex Syrup and Capsule’.
Delhi High Court allows Mankind Pharma Limited to run modified advertisement on DMF Quality APIs with disclaimer
Delhi High Court directed Mankind Pharma Limited to run a modified advertisement i.e., original advertisement with the disclaimer that DMF is not mandated under Indian law and is not a quality norm for products in India.
Anti-Arbitral Injunctions: Defeating Party Autonomy or Preventing Abuse of Arbitral Process?
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 83
Delhi High Court refuses injunction in favour of NILKAMAL for its word mark; Grants injunction in favour for its device mark
The marks have to be compared as a whole mark, thus compared, there is no phonetic similarity between NILKAMAL and NILKRANTI.
Delhi High Court grants injunction in favour of Sun Pharmaceuticals Industries for its mark ‘SUN’
The suit was filed against the marks FERTISUN used per se as well as with the suffixes F and L as FERTISUN-F and FERTISUN-L and the corporate name of the defendant ‘LaurenSun Remedies Pvt Ltd’.
Delhi High Court decrees against various domain names from using the mark AAJ TAK or alike
As per a status report dated 20-11-2023, the use of the mark ‘AAJ TAK’ has been disabled on all channels, and the domain names have been either suspended, locked or blocked.