Tag: Passing off

Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark

The right to sue for infringement of his mark is the most significant right conferred upon a registered proprietor by the Trade Marks Act, 1999 (Hereinafter, “TM Act”). However, can one registered proprietor claim the exclusive right to use a trademark against another proprietor who has obtained a registration for an identical or very similar … Continue reading Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark

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Havells v Panasonic: Delhi High Court on Composite Suits for Passing off and Design Infringement

Although both registered designs and trade dresses protect aesthetic features, they differ in their scope. While design protection is restricted to those visual elements that are explicitly included in the registration, the trade dress of a product refers to its overall look and feel, and the visual impact it has on consumers. Therefore, the trade … Continue reading Havells v Panasonic: Delhi High Court on Composite Suits for Passing off and Design Infringement

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MakeMyTrip vs Booking.com- Injunction on the usage of Adwords

Infringement and Passing off of trademarks are strictly prohibited by the legal provisions and judicial precedents. When a person uses a trademark without permission, it amounts to infringement. Passing off involves creating some false representation that is likely to lead someone to believe that the goods or services are those of someone else. The organization … Continue reading MakeMyTrip vs Booking.com- Injunction on the usage of Adwords

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The Issue Of Transborder Reputation Of Trademarks

With the rapid growth of technology, it is possible to be aware of the most significant and insignificant events in the world, be it political awareness, social awareness, entertainment as well as the reputation of a brand. The trans-Border reputation of brands in general means when a brand is gaining popularity not only in its … Continue reading The Issue Of Transborder Reputation Of Trademarks

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Plaintiff and Defendant Case : Bengaluru Court Passes Interim Order Restraining The Access Of The Software “PKMP” And The Use Of The Trade Name “APL”

Plaintiff and Defendant Case: The Commercial Court of Bangalore in an original suit granted ex parte interim injunction against a party for breach of non-disclosure agreement, misappropriation of intellectual property, and passing off. The Plaintiff, a pharma software solution company, hired Defendant to develop a software, “Pharmacokinetic Modeling Program” (PKMP), which is used for supporting … Continue reading Plaintiff and Defendant Case : Bengaluru Court Passes Interim Order Restraining The Access Of The Software “PKMP” And The Use Of The Trade Name “APL”

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COVID-19 as an excuse for Passing Off: Rejected by Madras High Court

FACTUAL MATRIX: This matter was filed for the permanent injunction against the actions of Defendant, three applications were filed on behalf of Plaintiff, praying for granting interim relief. A Prima facie case was made out and hence an interim injunction was granted in favor of Plaintiff on April 30, 2021. As per this order, it … Continue reading COVID-19 as an excuse for Passing Off: Rejected by Madras High Court

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Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

The Hon’ble High Court of Delhi in a recent case of Peps Industries Private Limited vs. Kurlon Limited, [1] discussed about the defence under Section 34 of the Trade Marks Act, 1999 along with the concept of descriptive trademark. PEPS INDUSTRIES PRIVATE LIMITED VS. KURLON LIMITED Brief Facts: By way of this suit before the … Continue reading Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

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