Reputation Meets Reality: Why P&G’s Rectification Bid Failed
The Madras High Court recently examined a series of rectification petitions filed by The Procter & Gamble Company (P&G) against IPI India Private Limited and another, raising questions on deceptive similarity, descriptive marks, and the limits of exclusivity in trademark law. The dispute centred on whether the respondent’s marks “VAPORIN” and “VAPORIN COLD RUB” unlawfully…
“You Can’t Own the Alphabet: Delhi HC Says No to ‘A TO Z’ Monopoly”
Background Alkem Laboratories Ltd. instituted a suit before the Delhi High Court against Prevego Healthcare and Research Pvt. Ltd., alleging trademark infringement, copyright infringement, passing off, and allied reliefs. Alkem asserted rights in its marks ATOZ-NS, , copyright in its stylised logo , and its distinctive trade dress , and sought to restrain the Defendant…
From HAVELLS to CAWELS: A Cautionary Tale on Brand Imitation
Delhi High Court recently reaffirmed the robust protection accorded to well-known trademarks while granting interim injunctive relief in favour of Havells India Ltd. in a trademark infringement and passing off dispute involving the marks “CAWELS” / “CAWELS ELECTRIC.” The decision underscores the Court’s strict approach towards deceptive similarity and dishonest adoption, particularly where identical goods…
“Clearing the Way” in Indian Patent Law: An Equitable Consideration in Interim Injunctions.
The principle of “clearing the way” has become a significant, though non-statutory, aspect of Indian patent litigation, particularly in cases involving interim injunctions. This concept, borrowed from UK and European patent law, expects a party intending to enter a market to address any known patent obstacles in advance rather than adopting a “launch first, litigate…
Reaffirming Territoriality in Trademark Law: Delhi High Court Restores the BLUE-JAY Mark
Introduction In a significant ruling reaffirming the limits of trans-border reputation under Indian trademark law, the Division Bench of the Delhi High Court set aside an order of the Single Judge directing cancellation of the BLUE-JAY trademark registered in favour of Mr. Sumit Vijay and anr. The Court held that global reputation, online presence, and…
Brand Protection vs Intermediary liability- Delhi High Court Draws a line in Dabur case
The internet has transformed how businesses reach consumers, but it has also quietly created new avenues for deception. What once required physical imitation fake labels, counterfeit goods, misleading shopfronts can now be achieved with a single domain name and a convincing website. The Delhi High Court’s judgment in Dabur India Limited v. Ashok Kumar &…
Eco-integrity: How to move beyond Greenwashing?
“Earth provides enough to satisfy every man’s needs, but not every man’s greed”. Mahtma Gandhi With the world becoming more aware of environmental concerns, consumers are gravitating towards products that are purported to be green, sustainable, or environmentally friendly. However, not all such claims are as real as they appear. The businesses riding on this…
The Power of a Well-Known House Mark: Delhi High Court Protects PATANJALI Registration
Introduction In a significant decision reaffirming the strength of well-known house marks in trademark law, the Delhi High Court dismissed a rectification petition filed by Holy Cow Foundation seeking removal of the trademark “PATANJALI GONYLE FLOOR CLEANER”, registered in Class 5 in favour of Patanjali Gramodyog Nyas (Trust) and others. The Court held that the…
Heart-Shaped Deception: Delhi High Court Halts Sale of Infringing “Little Hearts” Biscuits
Britannia Industries Limited instituted a suit before the Delhi High Court against Shri Swastik Organics & Ors., alleging infringement of trademark and copyright, passing off, and allied violations. Along with the suit, Britannia sought interim injunctive relief restraining the Defendants from using any trademark, shape, or name identical or deceptively similar to its registered “Little…
