202301.30
16

L’Oreal denied exclusivity over the mark ‘Hair Spa’

Whether the term’ HAIR SPA’ is generic, commonly understood, and used by consumers as a treatment for hair. Does the term denote the kind, quality, nature, and intended purpose of the goods? This Appeal against the order of the Commercial judge, District Court filed by Defendant/Appellants, Pornsricharoenpun Co. Ltd and Ors (Pornsri) at the Delhi…

202301.17
16

Whisky Wars Over Bottle Design

The Delhi High Court in its judgement dated 2nd August, 2022 examines the criteria of a “new and original design” and what constitutes trade dress infringement. The court in a suit for infringement of the registered design and passing off brought by Diageo Brands B.V. & Anr.  (hereinafter ‘Diageo’) against Great Galleon Ventures Limited (hereinafter ‘Great Galleon)…

202301.09
16

No glee for ‘ASTRALGLEE’- Delhi High Court holds it similar to ASTRAL

The similarity of marks ‘ASTRAL’ and ‘ASTRALGLEE’ are the subject of dispute between Astral Poly Technik Limited and Astralglee. Astral objected to the use of the mark ‘ASTRALGLEE’ in respect of essential oils and has sought an injunction based on their use and registration of the mark ‘ASTRAL’ in several classes, including class 3. Astral…