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The case arises from the alleged infringement of Eveready’s trademarks by the defendants. Eveready contends that the defendants’ use of the mark “EVERYDAY” for electric gas lighters is deceptively similar to Eveready’s “EVEREADY” trademark.
The ruling sets a precedent for protecting established brands and upholding the integrity of trademark registration processes. The cancellation of the infringing trademark serves as a deterrent to potential trademark violators, emphasizing the importance of respecting intellectual property rights in commercial activities.
The word ‘DISH’ is a common English word which denotes Dish Antenna and cannot be described as a prominent or an essential feature of such nature so as to allow the plaintiff a monopoly over its use. The two products at dispute were “DD Free Dish” by Prasar Bharti (Doordarshan) and “Dish TV” by Dish TV India Limited.
Sterling Agro Industries emerges victorious in the trademark clash between NOVA and NOVYA, as Delhi High Court decrees in their favor, enforcing a permanent injunction against the defendants and awarding litigation costs.
A quick legal roundup to cover important stories from all High Courts this week.
The Calcutta High Court stated that Trademark dilution protects well-known trademarks from losing their appeal when used in connection with diverse and dissimilar products or services.
Madras High Court said that the lids were identical as the design was one and the same and added that the Prestige was in the market of manufacturing pressure cookers for a long time and their trade mark is well known and their turnover was huge
A quick legal roundup to cover important stories from all High Courts this week.
“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”
“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”
The contemnors apologised and stated that the entire incident is quite unfortunate and though facts have been misrepresented before the instant Court, however, they do not intend to disobey the orders of the Court and that the respondents have great respect for the Court.
A quick legal roundup to cover important stories from all High Courts this week.
“A consumer going into the market to purchase premium/ultra-premium whisky will not be confused by the word ‘Pride’ in the name of any brand. The mark has to be compared as a whole.”
There will be confusion in the market, especially, in the nature of the product being Cookies, sold in the shelves of supermarkets, any ordinary customer looking at the shelf is bound to be deceived. Therefore, the product of ITC Ltd. is deceptively similar to that of Britannia.
“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court has also granted the plaintiff a decree for permanent injunction restraining the defendant from committing passing off of its restaurant business by using deceptively similar trade mark.
Transliteration is the conversion of a text from one script or alphabet to another, as opposed to translation from one language to another. Shorter Oxford Dictionary 5th Edition defines ‘transliteration' as a noun to mean rendering of letters or characters of one alphabet in those of another.