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Tag: Passing Off

trademark

New Balance vs NUBEAT: Delhi HC Trademark Ruling Explained

The Delhi High Court recently issued a landmark interim order in New Balance Athletics Inc. v. Astormueller AG, addressing the complex intersection of trademark infringement and passing off. While the court declined to enjoin all marks, it protected New Balance’s iconic 'N' branding against the defendant's 'n:' device. The judgment clarifies that prior registration does not shield a defendant from passing off claims and reiterates that secondary meaning is crucial for single-letter marks. This analysis breaks down the court’s reasoning on deceptive similarity, the 'n:' colon device, and well-known mark protections.

8 min read
trademark

Adding Infringement Claims to Passing Off Suits in Delhi

In a significant procedural ruling, the Delhi High Court in Loreal SA v. Vekariya Nikunj Arvindbhai clarified that plaintiffs can amend a pending passing off suit to include trademark infringement once registration is granted. The Court emphasized the 'real controversy' test, rejecting the notion that subsequent registration requires a fresh lawsuit. By allowing the amendment under Order VI Rule 17 CPC, the Court aims to prevent the multiplicity of proceedings and streamline litigation. This decision offers crucial guidance for brand owners navigating shifting legal statuses during ongoing trademark disputes in India.

5 min read
AI & IP

Zippy vs Veer Ji: Delhi HC Order on Factory

In a significant ruling, the Delhi High Court restrained Veer Ji Malai Chaap from using footage of a supplier’s factory to promote its own brand. Justice Jyoti Singh’s interim order highlights the dangers of using contract manufacturing promotional material to create a false impression of ownership and hygiene standards. The court’s mandate for rapid content removal and its focus on consumer deception provide a vital lesson for franchise brands regarding trade secrets and attribution. This article explores the legal implications of misrepresentation and the protection of goodwill in the food industry.

8 min read
trademark

Landmark Crafts Wins Landmark HP Trademark Injunction

The Delhi High Court has granted an ex parte ad-interim injunction in favor of Landmark Crafts Limited against Shalini Garg, owner of Shree Mange Ram And Sons. The dispute centered on the defendant's attempt to use the 'ISI' prefix alongside the plaintiff's registered 'HP' mark to bypass trademark laws. Justice Jyoti Singh ruled that 'HP' remains the dominant feature of the mark, and certification indicators cannot be monopolized. This decision reaffirms the importance of consistent enforcement in protecting a brand's hard-earned goodwill against deceptive 'fig leaf' tactics in the fastener industry.

8 min read
trademark

Delhi HC: Beer and Whisky Are Allied and Cognate Goods

The Delhi High Court’s landmark interim order in Devans Modern Breweries v. Cartel Bros clarifies essential trademark principles for the liquor industry. Justice Tushar Rao Gedela confirmed that beer and whisky are allied and cognate goods despite pricing and alcohol content differences. The Court also held that a registered proprietor’s right to sue is not extinguished by non-use in a specific sub-category. Crucially, the anti-dissection rule cannot be used to mask the adoption of a dominant mark within a composite label. This ruling serves as a vital precedent for brand enforcement.

13 min read