Paving the Way for VOLVO’s Journey of Prevention

In an order seen as reinforcing brand owners’ faith in the trademark protection afforded by India’s courts for trademarks, foreign automaker Volvo suspended the defendant from using the VOLVO trademark online.

Continue reading “Paving the Way for VOLVO’s Journey of Prevention”

Dettol Halts Sale of Infringing COVID-19 Product

A recent case in the Delhi High Court provided another good example of how the COVID-19 pandemic is creating new challenges for brand owners, highlighting the importance of safeguarding brands against infringement. Continue reading “Dettol Halts Sale of Infringing COVID-19 Product”

‘Formerly Known As’ Does Not Bypass Infringement

A recent case in India set an interesting example for brand owners looking to change their trade names in view of risk of potential trademark infringement and also highlighted prompt action by Indian courts in injunction matters. Continue reading “‘Formerly Known As’ Does Not Bypass Infringement”

Bombay High Court takes a “Strong Stand” against Trademark Infringement by imposing cost of INR 50,000,000/-

The present matter relates to an infringement suit initiated by a leading Japanese steel production company (“Plaintiff”) against the Defendants (based out of India) who had misrepresented to another steel company based in in Saudi Arabia that the carbon pipes sold to them had originated from the Plaintiffs.  The Defendants had further while selling these carbon pipes also provided them with forged and fabricated certificates bearing the Plaintiff’s trademarks / logos thereby misleading them to believe that the said carbon pipes had originated from the Plaintiff. Continue reading “Bombay High Court takes a “Strong Stand” against Trademark Infringement by imposing cost of INR 50,000,000/-“

Local Cable Operator fined heavily for infringing T-Series copyright!

In a recent suit for permanent injunction restraining infringement of copyright, mandatory injunction, damages and rendition of accounts filed by M/s Super Cassettes Industries Pvt. Ltd. (Plaintiff) against M/s. The Sun Cable Network (Defendant), the Tis Hazari Courts, Delhi have awarded INR 20,00,000/- (Indian Rupees Twenty Lakhs only) as punitive damages in favour of the Plaintiff. Continue reading “Local Cable Operator fined heavily for infringing T-Series copyright!”

Indian Court sets precedent for liability of intermediaries

The Delhi High Court has recently thrown light on the responsibilities and liabilities of online intermediaries in cases of trademark infringement. Continue reading “Indian Court sets precedent for liability of intermediaries”

The ‘Red Sole’ Dilemma

Three recent and varied decisions by the Hon’ble Delhi High Court in Red Sole infringement case series seem to have created a judicial dilemma. Continue reading “The ‘Red Sole’ Dilemma”

Fabindia not to use word ‘Khadi’, may end up paying multi-million dollars in damages! #Quick Recap of the Khadi Dispute

In an interesting update in the on-going dispute between Khadi and Village Industries Commission (KVIC) and Fabindia, earlier this week Fabindia gave an undertaking before the Bombay High Court that it is not presently using the word ‘Khadi’ and in the event it is desirous of using the word ‘Khadi’ in future it shall give four weeks written notice to KVIC. The Court accepted the undertaking and disposed of KVIC’s application seeking injunction order be passed by the Court, prohibiting Fabindia from using the term khadi to sell its products. Continue reading “Fabindia not to use word ‘Khadi’, may end up paying multi-million dollars in damages! #Quick Recap of the Khadi Dispute”

Supreme Court of India denies protection to mark “Prius” for Toyota

Last week the Supreme Court of India has pronounced its judgment in this regard. The present judgement may have a direct and binding effect on majority pending trademark oppositions / litigations in India. In the present matter the Supreme Court has reiterated and upheld the following important principles / points: Continue reading “Supreme Court of India denies protection to mark “Prius” for Toyota”