G.....Tags : Coca cola, bottle, trade mark, relevant public
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Let’s not play, Sony(25.01.2016)
The United States Patent and Trademark Office put to bed Sony’s application to register a trade mark in the prhase ‘Let’s Play’. Previously rejected f.....
Tags : Sony, playstation, lets play, trade mark, us
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Bombay High Court: ‘GIRNAR’ a Well Known Trademark in India(25.10.2024)
Bombay High Court has held that the popular food and beverage mark 'GIRNAR' is a well know trademark in India which has surpassed the scope of merely .....
Tags : Bombay High Court, GIRNAR, Trade Mark
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Del. HC: Plea of Invalidity Essential to Challenge Validity of Mark U/S 124 of TM Act(06.11.2023)
Delhi High Court has held that for Section 124(1) of Trade Mark Act, to apply in a case where plaintiff seeks to challenge validity of the defendant’s.....
Tags : Delhi High Court, Trade Mark, Validity
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Del. HC: Use of TM by Ex-Licensee After Revocation of Licence Amounts to Infringement(08.11.2023)
Delhi High Court has held that once the Licence has been revoked, it is impermissible for ex-licence to use the Trade Mark (TM), and the same would am.....
Tags : Delhi High Court, Trade Mark, Infringement
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Calcutta High Court Rules Dunlop’s Second Appeal Not Maintainable under the Trade Marks Act(06.11.2025)
Calcutta High Court reaffirmed that a second appeal against a Single Judge’s order is not maintainable under the Trade Marks Act, 1999. It held that o.....
Tags : Trade Marks Act, Dunlop, Appeal
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Delhi HC to Trade Marks Registry: Process Needs to Be Streamlined(04.11.2019)
Delhi High Court has rapped Trade Marks Registry for complaints being filed against the delays caused in processing the registration applications and .....
Tags : Delhi HC, Trade Marks Registry
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Delhi HC to Trade Marks Registry: Registration Process Needs to Be Streamlined(04.11.2019)
Delhi High Court has rapped Trade Marks Registry for complaints being filed against the delays caused in processing the registration applications and .....
Tags : Delhi HC, Trade Marks Registry
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Kiwis clear the road for TomTom registration(18.12.2015)
The High Court of New Zealand at Auckland dismissed an appeal against registration of the mark ‘TomTom’, by the eponymous maker of satellite navigatio.....
Tags : Tomtom, new Zealand, trade mark, confusion
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Blast from the Past
Trading godly good will(23.08.1967)
Being able to exploit financially intellectual property has been recognised as vital to any country’s success and prosperity. And what prosperity must.....
Tags : Trade mark, ganesh, publici juris, religious
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Del. HC: Section 76(3) TM Act Doesn’t Require Both the Rival Marks to be Registered CTMs(23.11.2023)
Delhi High Court while enunciating ingredients to arrive at a satisfaction that a Certification Trade Mark (CTM) had been infringed, has observed that.....
Tags : Delhi High Court, Certification Trade Mark, Infringement
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Del. HC: Mere Global Reputation Not Sufficient to Answer Claim of Transborder Reputation(01.12.2023)
Delhi High Court while observing that mere global reputation/asserted goodwill of Trade Mark is not sufficient to answer a claim of transborder reputa.....
Tags : Delhi High Court, Transborder Reputation, Trade Mark
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Delhi HC: Using Another's Registered Trademark as Trade Name Constitutes Infringement(29.09.2025)
Delhi High Court clarified that under Section 29(5) of the Trade Marks Act, using a registered trademark as a trade name constitutes infringement, emp.....
Tags : Trademark, Infringement, Trade Marks Act
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Delhi HC: Can Apply 'Family of Marks' Concept to Injunct Specific Marks(04.07.2025)
Delhi High Court has held that even though the concept of a 'family of marks' is not expressly mentioned under the Trade Marks Act, 1999 but the same .....
Tags : Delhi High Court, Family of Marks, Trade Marks Act
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Del HC: No Ex-Parte Injunction in TM Infringement Suit if Defendant Has Been in Market for Some Time(01.09.2023)
Delhi High Court has held that in trade mark (TM) infringement suits, where the mark has been used by defendant for any length of time, that sole fact.....
Tags : Delhi High Court, Trade Mark Infringement, Injunction
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Judgments
Trade mark ruling eases Lupin’s pressure(23.12.2015)
Bombay High Court granted a motion in favour of Lupin Limited, maker of ‘Nebistar’ line of medicines. It determined Lupin’s registered mark and ‘Nebis.....
Tags : Trade mark, divisibility, comparison, pronunciation
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Trade mark ruling eases Lupin’s pressure(23.12.2015)
Bombay High Court granted a motion in favour of Lupin Limited, maker of ‘Nebistar’ line of medicines. It determined Lupin’s registered mark and ‘Nebis.....
Tags : Trade mark, divisibility, comparison, pronunciation
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Passing ice cream off as biscuits and other ways to test court patience(11.04.2016)
The Bombay High Court rejected an application alleging trade mark infringement by Parle for use of the mark, ‘Londonderry’.
Putting aside .....
Tags : trade mark, phonetic, vendibility, class of goods
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Medicinal products should be clearly distinguishable(03.06.2016)
Public interest supports a lesser degree of proof showing confusing similarity in trade mark, even if two medicinal products are not identical or of t.....
Tags : pharmaceutical, trade mark, confusing similarity, drug names
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Court declines exclusive use of ‘Eagle’ in trade mark(23.09.2015)
In a case where Pantaloons was found to be riding on the goodwill of the Plaintiff in respect of its trade mark ‘American Eagle Outfitters’ and ‘Ameri.....
Tags : Pantaloons, eagle, trade mark, american
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Court rules in favour of ITC in ‘Gold Flake’ dispute(29.09.2015)
Noting that NTC’s use of the trademark ‘NATIONAL GOLD FLAKE’ was either insufficient or kept clandestinely low to not attract the Petitioner’s attenti.....
Tags : Cigarette, gold flake, trade mark, copyright
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High Court restrains use of fraudulently claimed mark(07.12.2015)
The Delhi High Court issued an interim injunction against the Defendant restraining it from using in any manner the Plaintiff’s mark, ‘Senge’. The Pla.....
Tags : Trade mark, logo, prior use, false documents
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Injunction granted against title phonetically similar to ‘Indian Express’(23.10.2015)
The Bombay High Court accepted arguments that the Defendant’s use of the title ‘Indian Express’ in Devnagari script for its newspaper infringed the tr.....
Tags : Indian express, title, trade mark
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Commercial matters to not be kept lingering in no-contest(07.09.2015)
The Delhi High Court allowed a trade mark suit in favour of international food chain, ‘Burger King’ despite the Defendant’s non-cooperation. Arising f.....
Tags : Trade mark, summons, written statement, ex parte
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Havells wins trade mark battle against upcoming IPO(30.04.2016)
Havells Pvt. Ltd. trade mark infringement suit against a similarly titled company survived dismissal for lacking a fresh cause of action. The suit was.....
Tags : Havells, trade mark, ipo, disclosure
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Levi Strauss denied use of ‘Live In’ for promotional material(02.03.2016)
The Bombay High Court prohibited Levi Strauss from using the words ‘Live In’ in connection with its clothing line, ‘Levi’s’.
The Plaintif.....
Tags : Levi strauss, live in, trade mark, deceptive
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