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trademark

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Madras High Court powerful ruling on deceptive trademark adoption: “Prior user prevails when bona fides are absent”, word marks dominate consumer perception, and minor variations in packaging will not save infringers
Posted inNews

Madras High Court powerful ruling on deceptive trademark adoption: “Prior user prevails when bona fides are absent”, word marks dominate consumer perception, and minor variations in packaging will not save infringers

Court’s decision The Madras High Court granted a permanent injunction restraining the defendants from using the mark “BOUNCE” for alcoholic beverages on the ground that the defendants’ adoption lacked bona…
Posted by Rawlaw November 8, 2025
Madras High Court: “Marks must be compared as a whole” powerful ruling restoring ‘Officer’s Choice’ whisky trademark and overturning IPAB’s rectification order
Posted inNews

Madras High Court: “Marks must be compared as a whole” powerful ruling restoring ‘Officer’s Choice’ whisky trademark and overturning IPAB’s rectification order

Court’s decision The Madras High Court set aside the order of the Intellectual Property Appellate Board (IPAB) that had rectified the registration of the whisky trademark OFFICER’S CHOICE at the…
Posted by Rawlaw November 8, 2025
crocs
Posted inNews

Delhi High Court Cancels Deceptively Similar Trademark: “Purity of Register Must Be Maintained; CROCS Brand Cannot Be Diluted”

Court’s Decision The Delhi High Court allowed a petition filed by the global footwear giant Crocs Inc. under Sections 47 and 57 of the Trade Marks Act, 1999, seeking cancellation…
Posted by Rawlaw October 1, 2025
trademark infringment
Posted inNews

Delhi High Court Upholds Trade Mark Infringement Injunction: “Commercial goodwill cannot be diluted under the garb of descriptive use” — Clarifies Scope of Passing Off in Overlapping Markets

Court’s Decision The Delhi High Court dismissed the appeal challenging an injunction restraining the appellant from using a deceptively similar trade mark in relation to overlapping goods and services. The…
Posted by Rawlaw August 16, 2025
Delhi High Court Orders Removal of ‘ONCQUEST’ Trademark — “Non-User Allegations Stand Admitted in Absence of Specific Denial”
Posted inNews

Delhi High Court Orders Removal of ‘ONCQUEST’ Trademark — “Non-User Allegations Stand Admitted in Absence of Specific Denial”

Court’s Decision The Delhi High Court allowed the rectification petition seeking removal of the trademark ‘ONCQUEST’ (Registration No. 4004984 in Class 44) from the Register of Trade Marks. The Court…
Posted by Rawlaw August 12, 2025
aquestia
Posted inNews

Bombay High Court Denies Interim Relief to AQUESTIA in Dispute Over Trademark ‘AQUESTIA’, Emphasizes: “It is a word coined by the Plaintiff and there is no goodwill or reputation yet attached to it”

Court’s Decision The Bombay High Court refused to grant interim relief to a start-up seeking to restrain the defendant from using the trademark “AQUESTIA”. The Court held that the plaintiff…
Posted by Rawlaw August 2, 2025
trademark dispute
Posted inNews

Delhi High Court: “Trademark Use by Hotel Operator Must Be Fair, Contractual, and Without Dilution”—Court Upholds Hyatt’s Rights Against Ex-Franchisee Operating Similar Brand

Court’s Decision The Delhi High Court, in a judgment by Justice Anish Dayal, allowed the suit filed by Hyatt International against its former hotel franchisee for infringing and passing off…
Posted by Rawlaw July 25, 2025
inbrew beverages
Posted inNews

Sikkim High Court Refuses Inbrew Beverages’ Plea to Submit Certified Trademark and Sales Documents at Final Argument Stage, Holding Delay Unexplained and Attempt to Fill Loopholes Cannot Be Allowed

Court’s Decision The Sikkim High Court dismissed the petition filed by Inbrew Beverages challenging the Commercial Court’s order rejecting its request to submit certified copies of trademark registrations, design registration,…
Posted by Rawlaw July 3, 2025
global public school trademark
Posted inNews

Kerala High Court Affirms Injunction Against Use of “Global Public School” by Competing Institution: “Plaintiff Has Every Right to Protect Its Registered Trademark From Deceptive Usage by Another School in the Same District”

Court’s Decision The Kerala High Court dismissed an appeal filed by a school challenging a temporary injunction granted by the Trial Court, which restrained it from using the trademarked name…
Posted by Rawlaw June 25, 2025

Recent News

  • “Comparable Sale Instances Must Prevail” – Bombay High Court Enhances Compensation After Finding Reference Court Erred in Ignoring Higher Valuation Evidence
  • “Arbitration Award Set Aside: Bombay High Court Slams ‘Denial of Natural Justice’ and Declares ‘An Arbitrator Must Give Reasons’ in a Powerful Ruling on Fundamental Policy Breach”
  • “Recovery Certificate Invalidated: Bombay High Court Issues a Powerful Warning That ‘Reasons Are the Soul of Justice’ While Reiterating That ‘A Registrar Must Apply His Mind Before Enforcing Recovery’”
  • Bombay High Court Declares That “A Clean Document Cannot Coexist With a Tainted Transaction,” Sets Aside Conviction After Finding Critical Contradictions in Evidence
  • Recovery Certificate under Section 101 Set Aside: Bombay High Court Holds That “Recording of Reasons Is a Fundamental Requirement” and Directs Denovo Inquiry for Non-Compliance with Rule 86A–86F
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