Court: Delhi High Court

Legal Updates you may have missed: fashion and luxury courtroom defeats

The third instalment in our series highlighting Legal Updates you may have missed asks what we can learn from recent trademark defeats for Kurt Geiger, Hermès, Timberland and Vans.

16 July 2024

NIVEA prevails in trade dress dispute as Delhi High Court cements comparative advertising boundaries

The Delhi High Court has shed light on the boundaries of comparative advertising in a trade dress dispute over NIVEA’s Crème face cream, highlighting the courts’ role in safeguarding consumer interests. Businesses and rights holders should be cautious to operate within these limitations when marketing their products.

20 June 2024

Blow for Vans Inc as Delhi High Court holds that prior use trumps well-known marks

The recognition of a mark as well known does not give an automatic right to its owner to apply for rectification of other marks that have subsisted on the register for several years.

05 June 2024

Good news for Pfizer as Delhi High Court restrains use of VIGOURA

The court found that the defendants’ use of the mark VIGOURA in relation to homeopathic medicine amounted to infringement and passing off of Pfizer’s registered mark VIAGRA.

30 May 2024

The perils of protecting a surname such as Jindal

Section 35 of the Trademarks Act prohibited the plaintiff from interfering with the defendants’ use of their own mark, provided that such use was in good faith.

23 May 2024

Delhi High Court grants partial costs to Puma but no damages, as defendant is first-time knowing infringer

Although damages were not granted in this case, the grant of partial costs to the plaintiff should encourage similar actions.

21 May 2024

INTA steps in to contest Delhi High Court interpretation of ‘article’

INTA has filed an amicus brief disagreeing with the court’s interpretation of ‘article’ under the Indian Designs Act, arguing that a recent decision could leave granted designs vulnerable to cancellation.

09 May 2024

Delhi High Court cancels OTRINIR registration, finds it similar to GSK’s OTRIVIN

The decision provides a through discussion of the ‘anti-dissection’ and ‘common to the trade’ rules.

02 May 2024

Delhi High Court passes summary judgment and awards costs to plaintiff in ANGSANA dispute

The court passed a summary judgment and awarded costs in favour of Banyan Tree Holdings, as the defendants had failed to appear and file written statements despite being served with the suit.

24 April 2024

Delhi High Court restricts tech company from selling refurbished hard-drive disks in reverse passing off case

In a dispute between several tech companies, the Delhi High Court has intervened to restrain the defendant from reselling hard-drive disks. The decision highlights the interplay between proprietary rights and consumer interest, as well as the process of determining a product’s true origin.

18 April 2024