Saturday, December 14, 2019

  (2019) 261 DLT 129 : (2019) 78 PTC 653 DELHI HIGH COURT SINGLE BENCH ALLIED BLENDERS AND DISTILLERS PRIVATE LIMITED — Appellant Vs. RANGAR BREWERIES LTD — Respondent ( Before : Prathiba M Singh, J. ) Civil Suit (Comm) No. 1213 of 2018 Decided on : 21-05-2019 Civil Procedure Code, 1908 Order 39 Rule 3 – Trademark […]

  (2019) 78 PTC 468 DELHI HIGH COURT SINGLE BENCH ADIDAS AG AND ANOTHER — Appellant Vs. PRAVEEN KUMAR AND OTHERS — Respondent ( Before : Prathiba M Singh, J. ) Civil Suit (Comm) No. 1269 of 2018; Interlocutory Application No. 16629 of 2018 Decided on : 14-05-2019 Infringement by defendant using `THREE STRIPES’ – Damages  Awarded – […]

Justice J. R. Midha of the Delhi High Court has made it easier and quicker for applicants to appeal a decision of the Registrar of Trade Marks arising from a refusal or partial acceptance of a trademark. first is that it reduces one procedural step in the appeal process, namely, applying to the Registrar, seeking the […]

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 29th July, 2019 Pronounced on: 18th October, 2019 + CS(COMM) 889/2018, I.As. 6896/2018 & 8837/2018 MAKE MY TRIP (INDIA) PRIVATE LIMITED ….. Plaintiff Through: Mr. J. Sai Deepak, Mr. Mohit Goel, Mr. P.D.U. Srikar and Mr. Abhishek, Advocates. versus MAKE MY TRAVEL (INDIA) PRIVATE […]

The Court granted a temporary injunction restraining the Defendants from using any mark identical to or deceptively similar to the Plaintiffs’ marks “ULTRATECH”, “BIRLA”, “ULTRA” or “THE ENGINEERS CHOICE” during the pendency of the hearing and final disposal of the suit. ssp 910 NMCD 2256 OF 2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY […]

The Court granted a decree of permanent injunction restraining the Defendant from infringing and passing off the Plaintiff’s mark “ULTRATECH” by using marks containing the word “ULTRA” in respect of cement. The Defendants represented that they would not use the mark in the future, and that they would apply for the cancellation/ removal of their […]

The Court granted a decree of permanent injunction restraining the Defendant from infringing and passing off of the Plaintiff’s mark “FLIPKART” by using a deceptively similar mark “FLIPPINGKART”. The Court observed that the Plaintiff was the registered proprietor of the mark “FLIPKART” and the Defendant had adopted the mark with a malafide intention to harm […]

Delhi HC restrains entity from using mark, color scheme of Malabar Gold Aditi Singh October 2 2019 The Delhi High Court recently restrained an entity from using any mark that is deceptively similar to that of Malabar Gold Pvt Ltd or from using the phrase “Malabar Group”. The Court also restrained the entity from using the color combination associated with […]

Delhi HC passes directions on documents to be mandatorily filed with plaint in trademark infringement matters Aditi Singh September 29 2019 The Delhi High Court has passed a slew of directions pertaining to the documents that need to be mandatorily filed along with a plaint in trademark infringement matters. The order was passed by a Single Judge Bench of Justice Prathiba M […]

…………….long delay in filing an application under Section 124 of the Trademarks Act, 1999 (‘Trademarks Act’) cannot be held to be an act of abandonment, particularly when the Act does not prescribe any time limit for the filing of such an application, and even the time limit of three months prescribed under section 124(1) (b) […]

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