Registering trademarks enables brand owners to stop others from using their trademarks and to prevent public confusion about the source of goods or services. However, certain exceptions permit the use of another’s trademark to describe the user’s products or services (as illustrated in Section 30 of the Trade Marks Act, 1999: Limits on the effect of a registered trade mark).
Continue reading “Descriptive Use as a Defense to Trademark Infringement in India”Tag: Trademark
Delhi High Court Sides with ADIDAS in Dismissing Claim of Prior Use
The Delhi High Court granted a permanent injunction and monetary damages against the defendants in Adidas AG (plaintiff) v. Keshav H. Tulsiani & Ors (defendants) [CS (COMM) 582/2018], restraining them from manufacturing, selling, marketing, or trading textile goods under ADIDAS marks or any other deceptively similar marks.
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World Intellectual Property Indicators 2024 places India in global top 10 for patents, trademarks and industrial designs
On 12 November 2024, India’s Press Information Bureau reported key outcomes from WIPO’s World Intellectual Property Indicators 2024, confirming India’s position among the global top 10 across patents, trademarks and industrial designs. In patents, India posted the fastest year-on-year growth among the top 20 origins in 2023 (+15.7%), totaling 64,480 applications with a resident share of 55.2%, and a 149.4% year-on-year increase in patent grants. Industrial design applications rose by 36.4%. In trademarks, India ranked fourth globally for filings; the Indian trademark office holds the second-largest number of active registrations worldwide (over 3.2 million), with resident filings accounting for nearly 90%.
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Delhi High Court finds ‘WOW’ in the Plaintiff’s case, grants ex parte ad interim injunction against Wow Punjabi
In the matter of Wow Momo Foods Private Limited (Plaintiff) v Wow Punjabi (Defendant) (CS(COMM) 253/2024), the Delhi High Court, vide its order dated 22 March 2024, held that “this Court is satisfied that plaintiff has made out a prima facie case for grant of an ex parte ad interim injunction till the next date of hearing. Balance of convenience lies in favour of plaintiff and plaintiff is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
Continue reading “Delhi High Court finds ‘WOW’ in the Plaintiff’s case, grants ex parte ad interim injunction against Wow Punjabi”The Court finds trademark ‘GK WELLNESS’ in contradiction to law & infringing ‘GK HAIR’
The Delhi High Court, on 26 December 26 2023, in Van Tibolli & Anr. (‘Plaintiff(s)’) v. K. Srinivas Rao & Anr. (‘Defendant(s)’) [CS(COMM) 339/2021 & I.A. 8970/20;21] restrained the Defendants, pending disposal of the present suit, from using the mark “GK WELLNESS” in any form, including the logos,
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