M/S Changsha Sinocare Inc. v. Mr Rajesh Kumar

R.K. SarafvsThe Assistant Registrar Of Trade Marks

The Delhi High Court addressed a challenge against the removal of the trade mark 'ROCHAK' from the register due to non-payment of renewal fees. While acknowledging arguments for liberal interpretation regarding lapsed trademarks, the court determined that crucial factual questions—such as the validity of the assignment and whether mandatory notice was issued—required detailed examination. Consequently, the High Court declined to exercise its writ jurisdiction under Article 226, directing the petitioner to exhaust the statutory appellate remedy before the Appellate Board.

Reckitt Benckiser India Private LimitedvsHindustan Unilever Limited

Reckitt Benckiser India Private Limited filed an application seeking injunction against Hindustan Unilever Limited, alleging that a campaign of advertisements by HUL was designed to vilify and denigrate its popular toilet cleaner brand, HARPIC. The plaintiff argued that these ads disparaged the product's effectiveness and sought to divert market share to HUL's DOMEX. The court examined whether the defendant's advertising amounted to passing off or defamation of goodwill.

Yanka Industries Inc.vsStarnet Masterschool Pvt. Ltd.

In a settlement order issued by the Delhi High Court, Yanka Industries Inc. and Starnet Masterschool Pvt. Ltd. reached an agreement regarding trademark infringement concerns. The defendant agreed to change its trademark and logo from 'Master School' to 'Celebrity School' within two weeks. Furthermore, Starnet Masterschool committed to transferring the domain name www.masterschool.in to Yanka Industries, disclosing subscriber details, and removing infringing content from social media platforms.

International Society for Krishna Consciousness (ISKCON)vsVishna Foods Private Limited

The Bombay High Court granted an ad-interim injunction in favor of International Society for Krishna Consciousness (ISKCON) against Vishna Foods Private Limited. The court found a prima facie case that the defendant was infringing on ISKCON's registered trademark and engaging in passing off by using a deceptively similar mark across various goods and services. This interim relief prevents the defendant from continuing unauthorized use of the mark until the final disposal of the suit.

Gujarat Cooperative Milk Marketing Federation Ltd & Anr.vsNitin Jain & Ors.

The Delhi High Court addressed a dispute where the AMUL Federation alleged that videos produced by Defendant No. 1 were scandalous, disparaging, and specifically targeted their brand using trademark elements like the 'AMUL Girl' mascot. The core issue revolved around whether the content constituted fair use or targeted defamation against the Plaintiffs. While the Plaintiff argued the targeting was evident through specific advertisements shown in the video, the Court directed the Defendant to provide detailed affidavits regarding the sources of their investigative journalism, allowing the Plaintiffs to adequately address the allegations.