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.

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Court Finds No ‘Magic’ in Noodle War

The Madras High Court recently denied a plaintiff monopoly rights over the expression “Magic Masala,” reinforcing the notion that exclusivity cannot be claimed over words which are common to the trade. It also highlighted the importance of choosing brands and marks wisely before promoting them since non-distinctive and inherently weak marks are difficult to enforce against use by others.

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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”

HT Media secures an ‘anti-suit’ and an ‘ex-parte’ injunction restraining a US-based company

In a recent order, passed by the Delhi High Court, an ‘Anti Suit Injunction’ was granted to HT Media Limited & Anr. (“Plaintiffs”) and a US-based Brainlink International Inc. and Mr. Raj Goel, owner of the defendant no. 1,  (collectively “Defendants”) were restrained from using the domain name “www.hindustan.com” or any other mark similar to “Hindustan” and “Hindustan Times”. The hearing of the present matter was conducted through video conferencing during the COVID-19 lockdown in India. Continue reading “HT Media secures an ‘anti-suit’ and an ‘ex-parte’ injunction restraining a US-based company”

Khadi Takes Measures to Protect Its Trademark Globally

“Khadi” is a generally known expression for hand-spun and hand-woven Indian fabric. It holds historic significance for its role in India’s freedom struggle. Over the years, it has become a symbol of Indian textile heritage and has evolved in fashion. Continue reading “Khadi Takes Measures to Protect Its Trademark Globally”

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/-“

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”