Adidas Trademark Infringement Claim Prevails Over Defendant’s Personal Connection Defense
Written by Ronsiya Roy, Legal Intern, and Verified by Sunil Jose, Managing Attorney, Suns Legal. ADIDAS A G v. KESHAV H TULSIANI & ORS ( CS(COMM) 582/2018, I.A. 14215/2019, I.A. 334/2020) Introduction Many of us buy a product thinking it’s from a reputable brand, only to find out it’s from a local business with a […]
Delhi High Court Rejected L’oreal’s Case to Cancel CLARIWASH Trademark
The Delhi High Court dismissed L’Oreal India’s appeal in respect of the trademark ‘CLARIWASH’ and held that the trademark was not deceptively similar to L’Oreal’s trademarks. The phonetic, visual, and conceptual similarities between the trademarks as well as the facts put forth by both parties were carefully examined by the court before its ruling. The […]
Skincare Brand Clash – Delhi High Court Denies Exclusive Right To Forest Essentials For The Word ‘Forest’.
Written by Anna Maria Joseph, Legal Intern and Verified by Sunil Jose, Managing Attorney, Suns Legal MOUNTAIN VALLEY SPRINGS INDIA PRIVATE LIMITED v. BABY FOREST AYURVEDA PRIVATE LIMITED (FORMERLY KNOWN AS M/S LANDSMILL HEALTHCARE PRIVATE LIMITED) & ORS. CS(COMM) 523/2023 & I.A. 5392/2024 FACTS Mountain Valley Springs India Private Limited, the owner of the brand […]
Delhi HC Ruling In Vans V. Ivans: Well-Known Trademark Status Doesn’t Override Prior Use
Written by Anna Maria Joseph, Legal Intern and Verified by Sunil Jose, Managing Attorney, Suns Legal. M/S VANS INC. USA .V. FCB GARMENT TEX INDIA (P) LTD. AND ANR C.O. (COMM.IPD-TM) 161/2021 & I.A. 15763/2022 The Delhi High Court ruled on May 2nd that Vans Inc. cannot seek cancellation of FCB Garment Tex’s “IVANS” trademark, […]
Delhi High Court Holds “Vigoura” Too Similar To Pfizer’s “Viagra” Trademark
Written by Aathmaja Menon and Sunil Jose of Suns Legal Patent & Trademark Lawyers. Originally published in The Trademark Lawyer Magazine on Jun 6, 2024. (https://trademarklawyermagazine.com/delhi-high-court-holds-vigoura-too-similar-to-pfizers-viagra-trademark/ ) PFIZER PRODUCTS INC. Vs RENOVISION EXPORTS PVT. LTD. AND ANR. CS(COMM) 378/2018 (2024: DHC:3476) In the bustling world of pharmaceuticals, where brand names hold immense value, a fierce […]
Blooming Battle: The “Lotus” Trademark Showdown
LOTUS HERBALS PRIVATE LIMITED VS DPKA UNIVERSAL CONSUMER VENTURES PRIVATE LIMITED & ORS On January 25, 2024, the Hon’ble Delhi High Court rejected the request of ‘Lotus Herbals’ to stop Indian film actor Deepika Padukone’s company from using the name ‘Lotus Splash’ for its face cleanser. SUMMARY OF FACTS: The plaintiff, ‘Lotus Herbals’, is an […]
Supreme Court upheld the Delhi High Court’s stay against the use of the trademark ‘Dil Afza’.
The Supreme Court of India (“SC”) refused to stay the Delhi High Court’s (“Delhi HC”) Order restraining Sadar Laboratories Private Limited (“Sadar Lab”) from manufacturing and selling products under the trademark ‘Dil Afza’. On 18th May 2023, a three Judges Bench headed by Chief Justice DY Chandrachud dismissed a Special Leave Petition filed by Sadar […]