Recently, in an appeal from a batch of writ petitions challenging the wrongful acceptance of trade mark applications by the Trade Marks Registry (“Registry”), a Division Bench (“DB”) of the Delhi High Court discussed the difference between the maintainability and entertainability of writ petitions. Though ruling in favour of maintainability, the DB allowed the appeal...
The Delhi High Court recently rejected an interim injunction sought by Wow Momo Foods Pvt. Ltd. (“Plaintiff”) against the use of the marks ‘WOW’ and ‘WOW! BURGER’ by the Defendants. The Court held that ‘WOW!’ is a common, laudatory expression in the food and hospitality industry as it is used to express delight over the quality...
Recently, a Division Bench of the Delhi High Court, while dismissing an appeal, upheld an order passed by a Single Judge of the Delhi High Court to restrain Exotic Mile (“Appellant”) from manufacturing and marketing audio gadgets under its registered trade mark BOULT and its formative variants, owing to its deceptive similarity to the BOAT-formative...
Background A confidentiality club was first formed in India by the Delhi High Court in August, 2012, in a matter involving breach of confidentiality, and illegal use of trade secrets [MVF 3 APS & Ors. vs. M. Sivasamy and Ors]. Inspired by similar practices in UK courts, confidentiality clubs have been constituted in India aimed...
In an appeal against a Single Judge’s order denying an interim injunction, the Division Bench granted partial relief to Princeton University (“Appellant”) in its suit against The Vagdevi Educational Society and others (“Respondents”) from use of the PRINCETON mark in relation to any new institution during the pendency of the suit. The Single Judge had dismissed...
In an appeal against a Single Judge’s order denying an interim injunction, the Division Bench granted partial relief to Princeton University (“Appellant”) in its suit against The Vagdevi Educational Society and others (“Respondents”) from use of the PRINCETON mark in relation to any new institution during the pendency of the suit. The Single Judge had dismissed...
In a recent decision, the Delhi High Court considered an application by Honasa Consumer Limited (“Plaintiff”), proprietor of The Derma Co., seeking an interim injunction against Cloud Wellness Private Limited and its Director (“Defendants”), who market skincare products under DERMATOUCH mark with similar trade dress. The Plaintiff alleged copyright infringement and passing off, asserting that...
Recently, the Hon’ble Delhi High Court directed the Trade Marks Registry (“Registry”) to remove a trade mark registration for the mark CROOSE (Stylized), owned by JNG Footstep Private Limited (“Respondent”), based on a cancellation petition filed by Crocs Inc. (“Petitioner”), based on its rights in the mark CROCS. It is the Petitioner’s case that its...
Recently, the Delhi High Court dismissed the application filed by Dayal Industries Private Limited (“Defendant”), seeking permission to file a rectification petition against M/s Gopika Industries’ (“Plaintiff”) registered mark DYAL. The Plaintiff filed a suit, inter alia, alleging that its mark DYAL in Class 31 (dated April 4, 1996) has been infringed by the Defendant....
The Supreme Court, in an appeal filed by Novenco Building and Industry A/S (“Novenco”) against the judgements passed by the Division Bench and Single Judge of the Himachal Pradesh High Court in favour of Xero Energy Engineering Solutions Pvt. Ltd. & Anr. (“Xero Energy”), held that in cases involving continuous infringement of intellectual property rights,...
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