FOOTLOCKERS adoption to capitalize on FOOTLOCKER holds Delhi High Court

Two entities dealing in footwear lock horns over the mark ‘FOOTLOCKER’ before the Delhi High Court. The Plaintiff, Foot Locker Retail, Inc., filed the suit alleging trademark infringement, delivery or rendition of accounts, etc., and to restrain the Defendant from using the mark in relation to their business. The post discusses arguments advanced by the…


The Indian Toy Story

“When I bring to you coloured toys, my child, I understand why there is such a play of colours on clouds, on water, and why flowers are painted in tints.” – Rabindranath Tagore Introduction Currently, there are over 450 products that fall under the scope of mandatory Bureau of Indian Standard (BIS) certification, like CE…


Counterfeits and Pandemic

India and the world witnessed two years of lockdown during which the most developed economies of the world fell apart. With the times so tough and economies facing the worst of their phase, the sector that gave a negative boom to the economies was counterfeits. Evolution of Counterfeits in Pandemic Counterfeiting is not a new…


SUBWAY and SUBERB are not similar holds Delhi High Court

SUBWAY, a popular sandwich chain, has sought an injunction against another eatery using the mark SUBERB. The Court, in its ruling, observed ‘SUBERB’ is not phonetically similar to ‘SUBWAY, ‘though both are words of two syllables. The first syllable, ‘SUB’ is common when used in the context of sandwiches, It is also well known that…


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…


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)…


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…