Second Appeal Not Maintainable Under Trade Marks Act: Calcutta High Court Dismisses Dunlop's Appeal

The Calcutta High Court recently reaffirmed that a second appeal against a Single Judge's order is not permissible under the Trade Marks Act, 1999. The court clarified that once an appeal from an order passed by the Registrar of Trademarks is decided by a Single Judge, no further appeal can be filed before a Division Bench in view of the bar under Section 100A of the Civil Procedure Code...

Bombay High Court Lifts Restraint On UP-Based Popcorn Maize Seller In Brand Dispute With SNN

The Bombay High Court at Nagpur has recently set aside a District Court order restraining SNT & Co., a UP-based popcorn maize seller, from using its brand name and packaging, after finding that the court failed to properly compare the overall look and feel of its packaging with that of Shah Nanji Nagis Exports Pvt. Ltd. (SNN), which had accused SNT of copying its design.In an order passed...

Delhi High Court Grants Injunction To Hero Investcorp; Restrains Sale Of Counterfeit 'Hero Genuine Oil' Bottles Imitating Registered Design

The Delhi High Court on October 10 granted an ex-parte ad-interim injunction in favour of Hero Investcorp Pvt. Ltd., restraining a Delhi-based trader from manufacturing and selling counterfeit 'Hero Genuine Oil' bottles that infringed the company's registered trademarks and bottle designs. Justice Tejas Karia while passing the order observed that the impugned bottles were...

Delhi High Court Restrains UP Company From Infringing Ching's 'Schezwan Chutney' Mark

In a relief for popular Desi Chinese brand Ching's Secret, the Delhi High Court on Monday restrained a UP-based food manufacturing company from using the name 'Schezwan Tufani Chutney' or any expression deceptively similar to 'Schezwan Chutney', a registered trademark of Capital Foods Pvt. Ltd.A single bench of Justice Manmeet Pritam Singh Arora granted an ad-interim injunction, noting that...

Bombay High Court Upholds Order Barring Nagpur Bidi Maker from Using Look-Alike 'Online Bidi' Pack

The Nagpur Bench of the Bombay High Court has upheld an earlier order restraining the city based bidi maker-Rocket Bidi Works from using its 'ATM Bidi No.07' packaging, ruling that it closely resembles the trade dress and design of Mobile Bidi Traders' 'Online Bidi'. A single bench of Justice Rohit W. Joshi observed that the 'ATM Bidi' packets copied the distinctive blue colour scheme...

Delhi Court Dismisses Trademark Infringement Suit Over Concealment Of Material Facts & Failure To Prove Prior Use

A Delhi Commercial Court dismissed a trademark infringement suit filed by ME Testing Laboratory against ME Technology, observing that the company had concealed material facts and failed to prove prior use of the “ME” mark. The order was passed by District Judge Savita Rao at the Commercial Court in Saket, who found that the case lacked merit and appeared to have been filed...

Delhi High Court Refuses Quantum Hi-Tech Injunction Against LG Over 'Quantum' Trademark

The Delhi High Court has refused to grant interim relief to Quantum Hi-Tech Merchandising Pvt. Ltd. in its trademark dispute with LG Electronics India, ruling that the company's attempt to restrain LG's use of the “Quantum” mark was undermined by its failure to disclose material informationA Division Bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla upheld a...

Delhi Court Bars Andhra Trader from Using 'Lakshmi Plasto', Awards Rs 2 Lakh to RC Plasto

A Delhi Commercial Court has restrained an Andhra Pradesh-based trader from using the mark “Lakshmi Plasto”, observing that it is deceptively similar to the mark “Plasto” used by RC Plasto Tanks & Pipes Pvt. Ltd., a manufacturer of water tanks and pipes.In an order dated October 30, District Judge (Commercial) Anuradha Shukla of Saket Courts also awarded Rs 2 Lakh in damages to...

Delhi High Court Upholds Order Protecting 'BIMA SUGAM' Mark, Orders Transfer of Disputed Domains to Federation

The Delhi High Court in an interim order upheld its earlier direction restraining a insurance agent from using the mark “BIMA SUGAM”, a name associated with India's upcoming unified digital insurance marketplace, or any deceptively similar name, including related domain names. The court also directed that the disputed domains be transferred to the Bima Sugam India Federation, holding...

Delhi High Court Upholds Interim Ban on Use of 'Sachamoti' Brand Amid Family Dispute

The Delhi High Court recently (October 13) upheld an interim order restraining Sabu Trade Pvt. Ltd. (STPL) and certain family members, who are also directors of the company, from using the “Sachamoti” mark, a well-known brand of sabudana (sago) products. e members of Sabu family affirming a March 2024 Single Judge order that prohibited them from using the brand and label. The Court...

Delhi High Court Refuses Relief to Cotton Bud Maker Against Perfume Brand Over 'TULIP' Trademark

The Delhi High Court has dismissed a plea filed by Suparshva Swabs India, the manufacturer of Tulips cotton buds and hygiene products, which sought to restrain a perfume company from using the mark “AGN TULIP.” A Division Bench of Justice Om Prakash Shukla and Justice C Hari Shankar upheld a 2023 order of the Commercial Court that had refused to grant an interim injunction to...

Madras High Court Lets Udaipur Salon Keep 'Bounce,' Lifts Earlier Ban

The Madras High Court has recently lifted an interim injunction that had previously restrained an Udaipur-based salon from using the name “Bounce,” noting that the term is common in the beauty and haircare industry. In a ruling delivered on October 25, A Single Bench of Justice N. Senthilkumar, vacated the injunction that had been granted in favor of Spalon India Pvt. Ltd., the operator...