Google AdWords Program (now known as Google Ads) is a cause for consternation among brand owners. The keywords offered by Google as part of the Google Ads program, on which advertisers can bid, includes trademarks. As a result, the trademark owners and their competitors can bid for the keywords linked to the Google search algorithm…

An engaging tussle between two well-known entities operating in the electrical consumer goods industry over the word ‘Pebble’ being used as a sub-brand has reached the Delhi High Court. V-Guard Industries Ltd (V-Guard) filed the suit alleging trademark infringement, passing off, etc., against Crompton Greaves Consumer Electricals Limited (Crompton), seeking an injunction from using the…

In DHL International GmbH v DLH Express Services Private Ltd (22 April 2022), the IP Division of the Delhi High Court has not only restrained the use of a deceptively similar mark and logo, but also declared DHL to be a well-known mark. The conflicting marks are depicted below: Background DHL asserted rights in the trademark and…

Design of an AC starter switch depicted below is bone of contention between the parties.   Gelco Electronics Pvt. Ltd (Gelco) filed the suit at the Gujrat High Court against the Defendant, Ellico Controls Pvt. Ltd, (Ellico) alleging registered design infringement and passing off. The injunction application filed by Gelco is being considered by the court….

Conflict has arisen between Mankind Pharma Limited (Mankind) and Tata Medical and Diagnostics Limited (TMDL) over the similarity of marks OMIPURE and OMISURE. The OMI element in OMIPURE is derived from Omeprazole and from Omicron variant of Covid-19 for OMISURE. Mankind has filed the suit against TMDL based on its registration of the mark OMIPURE….

Background An interesting case has come up at the Delhi High Court on playing music/sound recording at the ‘marriage ceremonies’ which fall under the fair use exception under the Copyright Act. The case has been brought by Phonographic Performance Limited (PPL) that claims to be a performance rights organization that licenses its members’ sound recording…

A Taiwanese and Chinese company fight out for rights in the mark HTC at the Delhi High Court. Plaintiff, HTC Corporation claims prior adoption and use of HTC for mobile phones and computing products. Defendants, Mr. L V Degao & Ors claim rights over the identical mark for trimmers and clippers. Both parties have registered the…

In the changing business landscape, many businesses use the digital medium to promote their services, and many new companies have emerged that are digital-only. The last two years of COVID-related disruption has caused many businesses to work on their digital strategy to connect with consumers and grow their market share. The Advertising Standards Council of…

Dynamism is a characteristic feature of the Information technology sector that facilitates E-commerce. When consumers and businesses were just getting comfortable with traditional e-commerce, a new business model evolved owing to the demand for sustainability and profitability. This business model, which is a sub-set of E-commerce, is driven by the upsurge in the usage of…

This order passed by the Delhi High Court emphasizes the perils of suppressing material facts when seeking an interim injunction. Plaintiff, Kent RO System Ltd, and Ors filed the suit against the Defendants, Gattubhai and Ors, alleging trademark infringement, passing off, etc., and restraining the latter from using the mark ‘KENT’ concerning their business. The…