Trademark

Mahindra to contest 'BE 6e' brand rights dispute against IndiGo in court

Mahindra says it would rebrand the name of its upcoming electric SUV "BE 6e" as "BE 6" to avoid unnecessary distractions

Bombay HC temporarily restrains Pune eatery from using 'Burger King' name

The Bombay High Court on Monday in an interim order restrained a Pune-based eatery from using the name 'Burger King' until a trademark infringement plea by the US giant Burger King Corporation is heard and disposed of. The company in August filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging trademark infringement against the namesake eatery. The Burger King Corporation had also filed an application in the HC, seeking an interim injunction against the Pune eatery owners -Anahita Irani and Shapoor Irani - from using the name 'Burger King' pending hearing and final disposal of its appeal. The HC in August extended the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name 'Burger King'. The HC had then started hearing the company's interim application seeking interim injunction against the Pune-based eatery pending final hearing of its appeal. A division bench of ...

LML sues Bajaj Auto over unauthorised use of 'Freedom' trademark

According to the company, Bajaj's use of 'Freedom' infringes on its trademark rights, which is diluting its established reputation and the goodwill cultivated over decades

Delhi HC blocks Italian firm Amuleti's use of Amul trademark in key ruling

The Delhi High Court emphasised that Italian firm Terre Primitive had "blatantly" imitated the script, design, and overall presentation of Amul's logo, merely adding 'eti' to the mark

US-based Burger King loses infringement suit against namesake Pune eatery

US giant Burger King Corporation has lost a 13-year-old legal battle against its namesake eatery in Maharashtra's Pune after a district court here dismissed a suit filed by the company alleging trademark infringement. Pune district judge Sunil Vedpathak, in the order on August 16, said the city-based eatery 'Burger King' was operating even before the US burger joint opened shop in India and that the latter failed to prove the local food outlet had infringed its trademark. The court dismissed the 2011 suit filed by the Burger King Corporation, seeking a permanent injunction restraining infringement of trademark, passing off (the trademark as theirs), as well as monetary damages. The suit, filed against Anahita Irani and Shapoor Irani, owners of the Pune-based Burger King food joint, also sought Rs 20 lakh as damages. On the plaintiff company's demand for permanent injunction, the court said the Burger King Corporation started to provide services through restaurants under its tradema

Delhi man's devotion to elder sister created ADIDAS? HC gives this verdict

A case of trademark infringement was filed by the German company after discovering that Keshav H Tulsiani was running a wholesale business in Connaught Place

Delhi HC restrains use of 'Baap Ki Adalat', rules in favour of Rajat Sharma

IndiaTV editor-in-chief Rajat Sharma filed a lawsuit against Ravindra Kumar Choudhary for creating and publishing audio-video content on social media platforms using marks similar to 'Aap Ki Adalat'

Delhi HC asks Swiggy, Zomato to delist 13 eateries using Domino's trademark

Domino's initiated a lawsuit for trademark infringement against 13 restaurants operating names such as 'Dominic Pizza', 'and Dominek's Pizza', among others

Tesla vs Tesla: US carmaker sues Indian namesake for trademark infringement

During the hearing, the Indian company, Tesla Power India Pvt Ltd, argued its main business is to make "lead acid batteries" and it has no intention of making electric vehicles

Viagra trademark exclusive property of Pfizer, rules Delhi High Court

Delhi HC has ordered Renovision Exports to pay Pfizer Rs 3 lakh and issued a permanent injunction preventing the marketing of homoeopathic medicine under the 'VIGOURA' mark

Trademark infringement: SC directs 'London Pride' to consider new packaging

The Supreme Court on Monday directed a Madhya Pradesh-based company which manufactures and sells whisky under the trade mark 'London Pride' to inform if it was willing to change the trade dress and colour of its product as they were similar to liquor major Pernod Ricard India Pvt Ltd's 'Blenders Pride' and 'Imperial Blue' whisky. A bench headed by Chief Justice D Y Chandrachud asked senior advocate S Muralidhar, appearing for brand 'London Pride', to seek instructions and inform it about the company's response by the next date of hearing. "Why have you ('London Pride') adopted the same trade dress and colour and all? Get instructions on whether you will change the trade dress and colour (visual appearance of a product)," the bench, also comprising Justices JB Pardiwala and Manoj Misra, said. The apex court said it will hear arguments on the issue of trademark dispute on names at the next hearing. The legal battle over the alleged infringement of trademark of the whisky brands ...

Lupin acquires five legacy brands from Meranini to solidify its portfolio

Lupin has already been marketing these brands in India since July 2021 under an agreement with A Menarini India Private Limited but will now have the full trademark ownership of the five brands

Google can't claim safe harbour if uses trademarks as keywords in Ads: HC

Use of trademarks as keywords by Google in its Ads Programme does amount to "use" under the intellectual property law and, in case of infringement, it cannot claim benefit of "safe harbour" from liability under the law, the Delhi High Court has said. The court's observations came on an appeal by Google against the order of a single judge bench on a lawsuit by Agarwal Packers and Movers Ltd alleging that the use of its trademark and its variations as keywords on Ads Programme resulted in the diversion of traffic from the website of the plaintiff to that of the advertiser. A bench headed by Justice Vibhu Bakhru said prima facie, Google is an "active participant" in use of the trademarks of proprietors and it was difficult to accept that the search engine would be exempted under Section 79 of the Information Technology (IT) Act from the liability of infringement of trademarks by its use of the trademarks as keywords in the Ads Programme. "Google is not a passive intermediary but runs a

From Batman to Sholay, icons that have fought and won the trademark fight

Characters, stars and properties across pop culture have found themselves defending, sometimes violating, intellectual property laws

Delhi HC awards Rs 10 lakh as damages to Google in trademark lawsuit

The Delhi High Court has directed consultancy firm Google Enterprises Pvt Ltd and its associated entities to pays Rs 10 lakh as damages to tech-giant Google LLC for misusing its trademark. Ruling in favour of Google LLC on its lawsuit to permanently restrain the defendants from infringing its trademark, Justice Sanjeev Narula observed that the defendants used the "Google" mark without due authorisation and indulged in "deception and trickery" as they "misrepresented to the public" that they were associated with Google India and had the modus operandi to dupe them. The court added that the plaintiff company has valid and subsisting registrations for the "Google" mark and its variations and this has been declared a well-known mark with worldwide reputation on account of its extensive use and numerous. Google LLC is surely entitled to statutory protection and grant of injunction for infringement and besides the damages of Rs 10 lakh, it is also entitled to actual costs in terms of the

Delhi High Court restrains Sona Mandhira from using trademark 'Sona'

Sona Mandhira had submitted in court that the word 'Sona' is a generic and common word in trade and has attained the status of publici juris

HC recognises 'H' logo of Hermes as trademark, rules against Mumbai firm

Defendant says it would have voluntarily discontinued using logo if the French firm had asked it to

Adidas loses stripes row trademark battle with luxury designer Thom Browne

Adidas has lost a court case to try to stop a fashion designer from using a four-stripe design, the media reported

Delhi HC restrains firm from using Swiss Military symbol in trademark case

The court also cited the Daboutt's division bench's judgment in Shree Nath vs Allied Blenders and Distillers Pvt. Ltd where the wonderment principle was elaborated

Delhi HC halts release of Tamil movie 'Ajinomoto' over trademark

Dispute arose when Japanese company came across statements made by movie's director