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Showing posts from August, 2018

Mark used for different class of goods/services would not be detrimental to the purported distinctive character or repute

SUPREME COURT in it's Order dated  26 July, 2018 held that use of the mark "NANDHINI" for Restaurant Services and running Hotels is not detrimental to the repute and usage of the mark "NANDHINI" for Milk and Milk Products. VS. In  M/S. Nandhini Deluxe vs M/S. Karnataka Cooperative Milk., l ong legal battle for Trademark Registration of Nandhini Trademark for Restaurant and Hotel business has been successful for M/s. Nandhini Deluxe. The Supreme Court observed that  all the ingredients laid down in  Section 11(2)  of the Act, as explained by the Delhi High Court in Nestle India Ltd., have not been satisfied. We are not persuaded to hold, on the facts of this case, that the appellant has adopted the trade mark to take unfair advantage of the trade mark of the respondent. We also hold that use of ‘NANDHINI’ by appellant in respect of its different goods would not be detrimental to the purported distinctive character or repute of the trade mark

Punitive Damages for Infringement of Trade Dress by Delhi High Court in an Interim Application

Delhi High Court vide its Judgement dated 31st July 2018 in  Louboutin-3 case has granted permanent injunction and punitive damages against a Delhi based retailer for infringing the famed ‘Red Sole’ trademark of Christian Loubutin.  The Plaintiff‟s "RED SOLE" trademark, i.e. , wherein a specific tone of colour red (Pantone no. 18.1663TP) is applied to the outsole of a shoe, is unique in its own accord and became known in the world of fashion only after being introduced by the Plaintiff herein as their Trade Dress. The consumers in India identify the Plaintiff as the sole proprietor of the Christian Louboutin trademarks including the "RED SOLE" trademark and any use of the said trademarks by an unrelated entity will entail taking undue advantage of the reputation and goodwill of the Plaintiff, which has been built painstakingly over the several decades; The Defendants are located in Kamla Nagar Market, New Delhi, who were found to be dealing in infringing