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Tag: Trademark Infringement

Moti Mahal Trademark Dispute: Franchise Default &

The Delhi High Court has restrained a former franchisee from using the 'MOTI MAHAL' brand following a terminated agreement. This ruling clarifies that post-termination use of a licensed mark constitutes clear infringement. By highlighting the strength of franchise agreements as an IP tool, the Court protected the 100-year-old brand from unauthorized operations across physical outlets and online food aggregators. The decision is a vital reminder for brand owners that robust contractual terms and proactive enforcement are essential to maintaining exclusive rights and preventing irreparable harm in the competitive hospitality sector.

June 13, 20268 min read

trademark

Similar Trademarks: Why They Don’t Always Infringe

Common wisdom suggests that similar marks lead to infringement, but Indian courts apply a much more nuanced test. Through cases like Nandhini Deluxe and Goenka, the judiciary has demonstrated that coexistence is possible when businesses operate in different commercial spheres or when marks lack inherent distinctiveness. This article explores three core lessons: the limits of trademark classification, the special status of surnames, and the importance of the 'overall impression' test. Understanding these principles helps brand owners navigate the complexities of concurrent use and consumer confusion under the Trade Marks Act.

May 12, 20264 min read