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…

Pharma branding is difficult terrain. The inspiration for a brand name in the pharmaceutical field is often drawn from the pharmaceutical ingredient or ailment the product intends to cure. Thus, it is challenging to stop third parties from adopting the portion of the brand derived from drug composition or an International Non-Proprietary name (INN). The…

The words’ Fly Higher’ by Vistara Airlines, a JV company formed by Singapore Airlines and Tata Sons Private Limited trading as Tata Sia Airlines Ltd (Tata), is objected to by Frankfinn Aviation Services Private Limited (Frankfinn). Frankfinn alleges trademark infringement, passing off, unfair competition, etc,. and seeks to restrain Tata from using the words ‘Fly…

The Delhi High Court imposed exemplary costs in a suit for trademark infringement filed by Sun Pharmaceutical Industries Ltd https://sunpharma.com/  (the largest pharmaceutical company in India) against DWD Pharmaceuticals Ltd http://www.dwdindia.com/ (DWD). Sun alleged that DWD had copied their brand ‘FORZEST’ by adopting the mark’ FOLZEST.’ An ex parte ad-interim injunction was passed in favour of Sun…

HYVISC and ZYVISC mark used for ophthalmic preparations is the subject of the instant dispute between two entities in the pharmaceutical industry before the Chennai High Court. Unimed Technologies Limited and Ors (Unimed) filed the suit against Cadila Healthcare Limited and Ors (Cadila) alleging trademark infringement, passing off, rendition of accounts, etc., claiming rights over…

Businesses have worked with celebrities since the early days of advertising. Many advertising campaigns and brands have been inescapably linked with celebrities such as Michael Jackson for Pepsi or Michael Jordan for Nike. In today’s digital world, we have seen the rise of a new type of brand ambassador known as ‘Influencer’. These are everyday…

The Division Bench (Two Judge Bench) of the Delhi High Court recently held that Common dictionary words may also acquire secondary meaning and serve as a source identifier. The Division Bench made the ruling in an Appeal filed against the order of the Single Judge where parties were at loggerheads over the use of the word…

The issue in the instant appeal before the Delhi High Court pertains to the Court’s territorial jurisdiction over a website not based in India but accessible to consumers in India. Tata Sons Private Limited (TSPL) brought the action against Hakunamatata Tata Founders & Ors alleging trademark infringement, passing off, dilution, etc., for using the mark…

A jeweller and a readymade garment manufacturer are at loggerheads over the name VASUNDHRA. The Plaintiff, Vasundhara Jewelers Pvt Ltd (hereinafter VJPL) has brought trademark infringement and passing off action against Kirat Vinodbhai Jadhvani and others (hereinafter Defendants) for using the mark Vasundhra for readymade garments. The representation of both parties’ marks is depicted below…

The Supreme Court, in this Appeal, reinforced the significance of interpreting the statutes. The Court observed that the textual interpretation should match the contextual one. Facts in brief Renaissance Hotel Holdings Inc, (appellant), a company incorporated under the laws of the State of Delaware, United States of America, filed the suit against B. Vijaya Sai…

The Court ruled that “Education is an area where chances of confusion should be completely avoided as it can result in having a damaging effect on the careers of children”. The court recognized that ‘THE BRITISH SCHOOL’ name is exclusive proprietary to the British School Society. ‘THE BRITISH SCHOOL’ is not a generic and common…

Havells India Limited (Havells) has approached the Delhi High Court alleging registered design infringement and passing off of their ceiling fan design and trade dress by Panasonic Life Solution India Pvt Ltd (Panasonic). Havells seeks to restrain Panasonic from using the designs and trade dress/get up for their Venice Prime ceiling fans which allegedly are…