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Trade Marks Act

Home - Trade Marks Act

Delhi High Court: “Triple identity established — mark, products, and consumers identical” — Court restrains use of ‘Lotus Salon’ for infringing the well-known trademark ‘LOTUS’ of Lotus Herbals
Posted inNews

Delhi High Court: “Triple identity established — mark, products, and consumers identical” — Court restrains use of ‘Lotus Salon’ for infringing the well-known trademark ‘LOTUS’ of Lotus Herbals

Court’s decision The Delhi High Court granted an ex-parte ad-interim injunction restraining the defendant from using the mark “LOTUS SALON” or any deceptively similar variation in connection with beauty salon…
Posted by Rawlaw November 14, 2025
Delhi High Court: “Garden of God cannot erase the name of Karim” — Court upholds trademark rights of iconic restaurant but modifies injunction with disclaimer direction
Posted inNews

Delhi High Court: “Garden of God cannot erase the name of Karim” — Court upholds trademark rights of iconic restaurant but modifies injunction with disclaimer direction

Court’s Decision The Delhi High Court held that the restaurant operating under the name Gulshan-e-Karim infringed upon the registered trademark KARIM used by the famous Karim Hotels Pvt. Ltd., whose…
Posted by Rawlaw November 14, 2025
Delhi High Court: “A businessman cannot monopolise a generic floral word” — Court denies injunction in the TULIP trademark dispute over perfumes and cotton products
Posted inNews

Delhi High Court: “A businessman cannot monopolise a generic floral word” — Court denies injunction in the TULIP trademark dispute over perfumes and cotton products

Court’s decision The Delhi High Court refused to grant an interim injunction restraining the defendants from using the mark “AGN TULIP” for perfumes, holding that the plaintiff’s trademark “TULIPS”, though…
Posted by Rawlaw November 14, 2025
Delhi High Court: “Descriptive marks can gain distinctiveness through continuous use” — Court restrains rival from using ‘SACHAMOTI’ for tapioca sago after decades of goodwill established by original user
Posted inNews

Delhi High Court: “Descriptive marks can gain distinctiveness through continuous use” — Court restrains rival from using ‘SACHAMOTI’ for tapioca sago after decades of goodwill established by original user

Court’s decision The Delhi High Court, through Justice Prathiba M. Singh, granted an injunction restraining the defendant from using the trademark “SACHAMOTI” for tapioca sago and related edible products, holding…
Posted by Rawlaw November 14, 2025
Bombay High Court’s 3 Striking Findings: Dishonest Adoption Invalid — ‘LE SHARK’ Trademark Scrapped for False Evidence
Posted inNews

Bombay High Court’s 3 Striking Findings: Dishonest Adoption Invalid — ‘LE SHARK’ Trademark Scrapped for False Evidence

Court’s Decision The Bombay High Court, in a major verdict reinforcing integrity in trademark law, expunged the Indian registration of the “LE SHARK” trademark held by the Respondents under Registration…
Posted by Rawlaw October 15, 2025

Recent News

  • Delhi High Court restores probate and upholds mother’s final wishes — “Suspicious circumstances must be proved, not presumed; unproved allegations cannot defeat a validly executed Will”
  • Supreme Court upholds conviction for aggravated sexual assault on a 4-year-old child, holding that “Medical evidence cannot override consistent ocular testimony,” but reduces sentence from seven to six years
  • Bombay High Court clarifies that “Auction timelines are part of legal proceedings” and holds that the pandemic-period delay in depositing auction amounts stands protected under the Supreme Court’s exclusion order
  • Bombay high court affirms labour-friendly approach, holding that “When an employer does not dispute employment, the workman deserves full protection of industrial justice” in reinstatement appeal
  • Bombay high court upholds preventive detention, holding that “Verification by senior police officers offers sufficient assurance of genuineness” and personal verification by detaining authority is not required
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