In a recent decision, the Delhi High Court addressed a challenge brought by Sushil Kumar, trading as Da Polo and another petitioner (“Petitioners”) against an order of the Commercial Court, which had refused to reject a trademark and copyright infringement suit filed by The Polo/Lauren Company L.P. (“Respondent”). The Respondent, proprietor of the globally renowned...
Recently, the Delhi High Court dismissed an application seeking injunction restraining the defendant, Mach Conferences and Events Limited from, inter alia, infringement of the trade mark, passing off, misrepresentation, dilution, unfair competition, including as part of domain name, the marks BOOKMYYATRA.COM or BOOKMYYATRA (“Impugned Marks”). By way of background, the plaintiff, Yatra Online Limited, adopted...
In a recent trademark dispute, the Bombay High Court dismissed the plaintiff, Mangalam Organics Ltd.’s (“Plaintiff”) interim injunction application against the use of the marks “KARPURE” and “AIR KARPURE” by N Ranga Rao and Sons Pvt. Ltd. (“Defendant”), citing no actionable case of trademark infringement or passing off. Plaintiff claimed that the Defendant’s use of the marks “KARPURE”...
The present appeal has been filed by Goodview Fashion Private Limited (“Appellant”) against an order passed by the Registrar of Trade Marks (“Respondent”) refusing registration of the Appellant’s application for the Pi logo on the ground on non-distinctiveness. It was the Appellant’s case that the impugned order of the Respondent is arbitrary and perverse as...
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...
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