Indulge Sign And Graphics v. Commissioner, Customs-New Delhi

Apaar Homez Mart Pvt. Ltd.vsM/S. Century World

The Delhi High Court upheld the Commercial Court's order restraining Apaar Homez Mart from using its trademark 'SEPAL' combined with 'Century'. The court found that M/S. Century World had successfully established a prima facie case of trademark infringement and passing off, noting the significant increase in the respondent's turnover and the appellant's recent adoption of the mark. This judgment reinforces the principle that if an appellant cannot provide a plausible reason for using a potentially common term like 'Century,' they risk being found to be capitalizing on the goodwill of an established competitor.

Malti GuptavsSunil Kumar Seth & Anr.

The Delhi High Court granted an ex-parte ad interim injunction in favor of Malti Gupta against Sunil Kumar Seth & Anr. The court found a prima facie case existed regarding the infringement of the registered wordmark 'ROJGAR RESULT' and associated device mark. The defendants were immediately restrained from using the plaintiff's trademark on their competing websites, www.sarkariexam.com and www.sarkariresult.com, and were ordered to delete all infringing content.

M/S. Suparshva Swabs IndiavsSh. Vipul Chhabra And Anr.

The Delhi High Court dismissed the petitioner's request to cancel a registered trademark, finding no deceptive similarity between the marks. The court held that despite both marks starting with 'T' and ending with 'IP', the overall visual, phonetic, and structural differences were substantial enough to prevent consumer confusion. This ruling emphasizes that similarity must be assessed as a whole, not merely by common letters.

M/S.Mohamed Aboobacker Chank Lungi Ltd.vsM/s.Indianpasand Inc.

M/S.Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s.Indianpasand Inc., alleging trademark infringement, copyright violation, and passing off concerning its 'SANGU' brand. The plaintiff sought permanent injunctions and damages against the use of deceptively similar marks like 'SHIPPY.' Ultimately, the court decreed the suit in terms of a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.

Jawan Guarding Services Private LimitedvsSenior Examiner of Trade Marks, Intellectual Property Office

The Madras High Court overturned the Senior Examiner's objections against Jawan Guarding Services Private Limited's trade mark applications. The court found that the device mark was inherently distinctive and disregarded the examiner's narrow focus on the words alone. Consequently, the appeals were allowed, directing the acceptance of the mark for advertisement, provided the appellant does not claim exclusive rights over its constituent words when used individually.