Trademarks

Imagine Marketing Private Limited v. Exotic Mile, Decided on 21.01.2020

Imagine Marketing Private Limited v. Exotic Mile – Delhi High Court [January 21, 2020]
The Court granted an interim injunction restraining the Defendant from passing off the Plaintiff’s mark “BOAT” by using a deceptively similar mark “BOULT” in respect of electronic gadgets. The Court had affirmed the previously granted interim injunction in favour of the Plaintiff, […]

By |February 13th, 2020|Categories: Trademarks|Tags: |0 Comments

Christian Louboutin SAS v. Nakul Bajaj and Ors., Decided on 2nd November 2018

Case: Christian Louboutin SAS v. Nakul Bajaj and Ors.

Decided on: 2nd November, 2018

Coram: Justice Pratibha M. Singh

HEADNOTE
In this case Delhi High Court attempted to clarify the responsibilities and liability of online intermediaries for trademark infringement. The judgement clarifies India’s intermediary liability regime as it relates to trademark infringement. The Plaintiff is Christian Louboutin owner of […]

By |February 8th, 2020|Categories: Trademarks|Tags: |0 Comments

LOWENBRAU AG & ANR. Vs. JAGPIN BREWERIES LTD. & ANR. Decided on 14.01.2009

LOWENBRAU AG & ANR. Vs. JAGPIN BREWERIES LTD. & ANR.
NLS 14/01/2009 Del/TM
I.A. Nos. 11355/2007 & 13772/2007 in CS(OS) No. 1810 of 2007
SANJIV KHANNA, J:
01. This Order will dispose of the application for interim injunction, I.A. No. 11355/2007 and the application for vacation of the ex parte interim injunction order, IA o.13772/2007.

Lowenbrau AG and InBev India […]

By |January 12th, 2016|Categories: Trademarks|Tags: |0 Comments

Lakshmi Gold Khazaanaa ..vs.. B.Kishore Jain, Decided on 21.08.2009

Lakshmi Gold Khazaanaa ..vs.. B.Kishore Jain
NLS 21/8/2009/TM/Mad.
S. Appeal Nos.416 to 418 of 2008

Head Note:-

The use of the respondent’s trademark by the appellant after prefixing two words before the trademark cannot award any distinctiveness and phonetic similarity exists and amounts to passing off over the goodwill of the respondent.
                                         COMMON JUDGMENT
Honourable R.SUBBIAH, J.

All the […]

By |January 12th, 2016|Categories: Trademarks|Tags: |0 Comments

M/S.GOLDGEM OVERSEAS VS. FLAWLESS DIAMOND (INDIA) LTD. decided on 07.01.2009

M/S.GOLDGEM OVERSEAS VS. FLAWLESS DIAMOND (INDIA) LTD.
NLS 07/01/2009 TM/Bom.
NOTICE OF MOTION NO.4657 OF 2007 in SUIT NO.3372 OF 2007
SMT.ROSHAN DALVI, J.
ORDER

The Plaintiff has sued the Defendant upon for infringement of his registered trademark and for the act of passing off the said mark. Both the parties are in the business inter alia of diamond jewellery. […]

By |January 12th, 2016|Categories: Trademarks|Tags: |0 Comments

FORESIGHT SOCIETY OF HUMAN RESOURCES AND DEVELOPMENT V. ASHISH JAIN AND ORS, decided on 04.05.2009

FORESIGHT SOCIETY OF HUMAN RESOURCES AND DEVELOPMENT V. ASHISH JAIN AND ORS
NLS 4/5/2009/TM/Del.
HON’BLE MISS JUSTICE REKHA SHARMA
CS(OS) No.613/2007
Judgment

This is a suit by the plaintiff, namely, Foresight Society of Human Resources and Development against defendants No.1, 2 & 3 praying for the following reliefs:-

“(i) An order of permanent injunction in favour of plaintiff and against the defendants may be […]

By |January 12th, 2016|Categories: Trademarks|Tags: |0 Comments

Dabur India Ltd. (Appellants) vs. Alka Ayurvedic Pvt. Ltd. (Respondent), Decided on 06.10.2009

Dabur India Ltd. (Appellants) vs. Alka Ayurvedic Pvt. Ltd. (Respondent)
NLS/06/10/2009/TM/Del.
IA No. 15609/2008 in CS (OS) No. 2639/2008
Hon’ble Rajiv Sahai Endlaw, J.
Case Notes:

The party which approaches the court, especially for ex parte ad interim relief is bound by duty to carefully place before the court all facts which may enable the court to consider the […]

By |January 12th, 2016|Categories: Trademarks|Tags: |0 Comments

CADILA HEALTHCARE LTD. Versus GUJARAT CO-OPERATIVE MILK MARKETING FEDERATION LTD. & ORS. Decided on 8.09.2009

CADILA HEALTHCARE LTD. Versus GUJARAT CO-OPERATIVE MILK MARKETING FEDERATION LTD. & ORS.
NLS 8/9/2009/TM/Del.
FAO (OS) No. 62/2008
Honourable MUKUL MUDGAL, J.
Head Note:- There cannot be any doubt that the word ‘sugar free’ is not inherently distinctive and it clearly describes the characteristics of the appellant’s product and therefore, ‘Sugar Free’, prima facie has not attained any distinctiveness. […]

By |January 12th, 2016|Categories: Trademarks|Tags: |0 Comments

BIHAR TUBES LTD. vs. GARG ISPAT LTD., Decided on 26.10.2009

BIHAR TUBES LTD. vs. GARG ISPAT LTD.
by admin — last modified 2009-11-13 16:08
NLS 26/10/2009/
BIHAR TUBES LTD. vs. GARG ISPAT LTD.
NLS 26/10/2009/
CS(OS) 1633/2009
HON’BLE MR JUSTICE RAJIV SHAKDHER

Head Note:-
The court applied the test of “dissimilarity” with regard to in essential features in order to arrive at a conclusion as to whether the […]

By |December 16th, 2015|Categories: Trademarks|Tags: |0 Comments

ARUN COLOUR CHEM & ORS. versus MITHUMAL ESSANCE MART & ANR, Decided on 14.09.2009

ARUN COLOUR CHEM & ORS. versus MITHUMAL ESSANCE MART & ANR.
by admin — last modified 2009-11-07 15:11
NLS 14/9/2009/TM/Del.
CS(OS) 375/2005
S. MURALIDHAR, J.

Head Note:-
The wording of Section 124 (1) does not indicate that an order staying the proceedings cannot be passed at any time before the disposal of the suit or that it can […]

By |December 16th, 2015|Categories: Trademarks|Tags: |0 Comments