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…

202409.26
27

adidas successfully stops the misuse of its brand on textiles

In the trademark dispute between adidas AG and Keshav H Tulsiani over the mark ‘ADIDAS’, the Delhi High Court ruled in favour of adidas, finding the defendant’s use of the mark to be trademark infringement. The court granted a permanent injunction, reinforcing the protection of the well-known mark adidas against its unauthorized use on textiles….

202409.26
27

Madras High Court Upholds Plaintiff’s Exclusive Rights in ‘CYCLE’ Trademark

The parties are at logger heads over use of the brand ‘CYCLE. N. Ranga Rao & Sons Private Limited, the Plaintiff, brought trademark infringement and passing off suit against Sujatha Match Works, the Defendant. The Plaintiff claims that they have been using the “Cycle” trademark for incense sticks/agarbathies since 1981 and have built a strong…

202409.19
27

Fraudster Files a Domain Complaint against the Real Domain Owner

Possibly, the first of its kind domain dispute (case no D2024-2516) before the WIPO Arbitration and Mediation where the Complainant was found to have impersonated the Respondent and its vice president Mr. Williams, and fraudulently tried to gain control of its domain name <qw.com>. Facts and Background Parties Involved: The Complainant was filed by Quickware,…

202409.10
27

Madras High Court holds ‘CALDALE’ not similar to ‘CARDACE’

Sanofi-Aventis Deutschland GmbH (Sanofi) has filed this appeal before the Madras High Court against the order of the Assistant Registrar of Trademarks, Chennai in opposition proceedings dismissing opposition against the mark CALDALE of Jagdale Industries Private Limited (Jagdale). Sanofi, the registered proprietor of the mark, CARDACE in class 5 filed opposition against the mark CALDALE…

202409.05
27

Delhi High Court Allows Blackberry Patent on ‘Auto Selection of Media Files’

Background: The convergence of various technologies on single devices has posed significant challenges to technology developers. The Appellant, BlackBerry Limited, a corporation organized under the laws of Ontario, Canada, specializes in providing telecommunication products, services, and solutions. The present appeal under Section 117A of the Patents Act, 1970, was originally filed by BlackBerry Limited before…

202409.02
27

Delhi High Court upholds TSL Tirupati to be similar to ‘MM Tirupati’

‘Tirupati’, the city where the famous Sri Venkateswara Temple sits atop one of the 7 peaks of Tirumala Hills is the bone of contention in the instant dispute between two entities for goods falling in class 17 The Plaintiff, Tirupati Structurals Limited (TSL) filed the suit, at the Delhi High Court, against the Defendant, Jai…

202408.29
27

Lacoste says no space for two crocodiles

The case involves a trademark dispute between Lacoste and Crocodile International Pte Ltd. over the use of a crocodile device on clothing articles. Lacoste initiated the lawsuit to protect their copyright and trademark rights in the crocodile device, which they claim is being infringed upon by Crocodile International. Lacoste in the lawsuit seeks a permanent…