C.V. Radhakrishnan v. Registrar of Trademarks

Ms Industries And Spirits P LtdvsM/S. Allied Blenders And Distillers Pvt ...

This appeal challenged the orders passed by the City Civil Court that granted an ex parte ad interim injunction in a suit concerning alleged trademark and copyright infringement. The plaintiff claimed their 'Officer's Choice' brand was being copied by the defendant's 'Manjeera Classic No.1 Whisky'. However, the Telangana High Court set aside these initial injunction orders, finding that the lower court failed to provide adequate reasons for granting the ex parte relief as mandated by law. Consequently, the matter was remanded back to the trial court for a fresh and balanced adjudication.

Lincoln Pharmaceuticals Private LimitedvsRegistrar of Trade Marks & Anr.

The Gujarat High Court allowed Lincoln Pharmaceuticals' appeal against the rejection of its trademark registration for 'Glypanta'. The court ruled that despite initial objections under Section 11(1) of the Trade Marks Act, 1999, the applicant was entitled to proceed with the advertisement of the mark. This decision underscores the importance of following procedural steps like publication even when substantive objections exist.

National Institute of Fashion Technology (NIFT)vsMc. GAN's Ooty School of Architecture

NIFT filed an arbitration petition challenging an award that favored Mc. Gan's Ooty School of Architecture (Respondent No.1). The dispute centered on Respondent No.1 allegedly violating the MOU by using NIFT's name and logo to solicit students, leading to termination. The court upheld the arbitrator's award, dismissing NIFT's petition.

Insta Rooms Private LimitedvsThe Senior Examiner of Trade Marks

The Madras High Court overturned a rejection of Insta Rooms Private Limited's device mark application. The Examiner had objected that the mark was highly descriptive of temporary accommodation services. However, the court ruled that when considered as a whole—including the visual elements (bed and lamp) alongside the words 'Insta Rooms Book Instantly'—the mark possesses sufficient distinctiveness to overcome the Section 9 objections. The registration was allowed, though with a caveat limiting the appellant's exclusive rights over the individual words 'insta' or 'rooms'.

Ntn CorporationvsAssistant Registrar Of Trade Marks & Anr.

The Gujarat High Court dismissed the appeal filed by Ntn Corporation against the Assistant Registrar's decision to allow the registration of the trade mark 'NTW'. The court held that despite arguments regarding phonetic and visual similarity between 'NTN' and 'NTW', the marks were not deceptively similar. Furthermore, the court rejected the appellant's claims of prior use, concluding that the difference in letters ('W' vs 'N') was sufficient to distinguish the two trademarks.