202410.28
28

Madras High Court – the battle ground for ‘KCP’ as a company name

This writ petition challenges the order issued by the Regional Director of Companies appointed under the Indian Companies Act (Respondent no 1), which directed the petitioner, KCP Infra Ltd. (Petitioner), to change its name and stop using “KCP”. The 2nd Respondent, KCP Ltd had initiated proceedings under Section 16 of the Companies Act, 2013, seeking…

202410.23
28

Madras High Court cancels registration of LEGO for confectionery

This case revolves around a trademark dispute between a globally renowned toy and games manufacturer, Lego Juris (the Petitioner) seeking to cancel the registered marks containing LEGO of a confectionery producer, Gurumukh Singh (the Respondent). The Respondent has registered the marks LEGO CUTEHEART and LEGO COFFYBOND in class 30. This note discusses the contentions raised…

202410.21
28

Regulating Greenwashing or Misleading Environmental Claims

Consumer Protection Authority of India has come up with The Guidelines for Prevention and Regulation of Greenwashing or Misleading Environmental Claims, 2024. These guidelines are an extension of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 1) Objective of the Guidelines to prevent deceptive or misleading practices related to environmental…

202410.18
28

Wipro stopped from using EVACARE brand

Background The case revolves around the use of the trademark “EVECARE”. Himalaya Wellness Company (Himalaya) claims to be using the mark since 1998 for their ayurvedic proprietary medicine targeted towards women for menstrual disorder. Wipro Enterprises Private Limited (Wipro) registered an identical mark in 2021 for cosmetic intimate wash. Himalya brought an action against WIPRO…

202410.07
28

Holistic Trademark Evaluation necessary for Trademark Infringement

The Division Bench (DB – two Judge Bench) of the Delhi High Court in an appeal against the order of the Commercial Court, Delhi holds use of a sky-blue background and white font in their label is not sufficient for trademark protection as blue is commonly associated with water. The representation of the parties’ marks…