Passing off
Can't sue for trademark infringement, but passing off remains an option if trademarks of both parties are registered rules Kerala High Court
The case involved a dispute between Wipro Enterprises Ltd., the registered owner of the trademark "Chandrika," in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark "Chandra" in respect of goods covered in class 3. The court's ruling…
Trademark Infringement and Unfair Trade Practices: The Calvin Klein Case
In this article, we delve into the intricacies of the Calvin Klein case, ( COTY GERMANY GMBH Vs XERYUS RETAIL PRIVATE LIMITED & ANR. ) exploring the Court's findings, and the implications of such actions on brand reputation and consumer trust. The plaintiff's trademark "Calvin Klein" was…
FLY HIGH vs FLY HIGHER, Delhi High Court Decides Upon Infringement of a mark not being used as a Trademark
The Delhi High Court’s Justice Jyoti Singh vide her order dated October 28, 2022 has vacated an ex-parte ad interim injunction (dated January 21, 2022) against Tata Sia Airlines for using the mark ‘Fly Higher’ in their promotional campaigns. The case, Frankfinn Aviation Services Private Ltd. vs…
Case Brief: Sun Pharmaceuticals v. Cipla Ltd – IP Infringement or Global Medical Crises?
Recently, the Madras High Court, in the case of Sun Pharmaceuticals (Applicant/Defendant) v. Cipla Ltd (Respondent/Plaintiff) refused to vacate the interim injunction against the Applicant, Sun Pharmaceutical Industries. The Respondent, Cipla Ltd, was seeking directions against Sun Pharma, claiming…
Seeking Injunction in a Suit of Infringement and Passing off - Trademarks
Infringement & Passing Off The rights and remedies available under the Trade Marks Act, 1999 are not only limited to registered marks but also extend to unregistered marks. On one hand, an action for infringement provided for under Section 29 of the Act involves establishing issues such as…
Plex v. Zee - better never than too late?
In a competitive global market, businesses need to strive to get ahead of their competitors. One of the ways to do this is by creating unique brand identities which help make a strong impact on the minds of consumers. Trademarks are especially useful in this respect, as consumers can easily make…
What’s in a Shape – Protection of a Shape as a Design v. Trademark
One of the significant judgements from the recent time is the order of the Delhi High Court in the popular Crocs case. In an order dated March 6, 2019, the Court rejected the maintainability of a suit for passing off, in the case of a registered design. It is important to note here that the…
How Toyota turned the table for Trans-Border Reputation in India
In the recent verdict of the disputed Toyota Jidosha Kabushiki v M/S Prius Auto Industries Ltd, the Supreme Court’s stance on affirming the Delhi High Court’s decision to grant the mark PRIUS to Prius Auto Industries has been heralded as the new will lit (albeit narrower) path of the Trans-Border…