Industry Sector

Construction — India Trademark Cases

3 decisions indexed

Page 1 of 1 · 3 total

trademark plaintiff favorable · Sep 27, 2022

U.S. Green Building Council v.Deming Certification Services Pvt Ltd

Delhi High Court - Orders · 185700829

The Delhi High Court granted an interim injunction in favor of the U.S. Green Building Council (USGBC) against Deming Certification Services Pvt Ltd. The suit alleged trademark infringement, passing off, and copyright violation due to the Defendant's use of identical names ('International Green Building Council') and logos, as well as verbatim copying of the Plaintiff's website content. Given that the Plaintiff demonstrated significant goodwill in India through its certifications and reputation, the Court found a prima facie case for infringement. Consequently, the Defendant was immediately restrained from using the infringing marks and providing further certifications under those names.

trademark plaintiff favorable · Jan 30, 2019

Srmb Srijan Private Limited v.Shreegopal Concrete Private Limited

Calcutta High Court · 122051776

The Calcutta High Court granted an interim injunction in favor of Srmb Srijan Private Limited against Shreegopal Concrete Private Limited. The dispute centered on the 'X-Ribs' surface pattern used on TMT bars, which the plaintiff claimed constituted a distinctive trade dress and trademark acquired through long use and extensive marketing. The court found a strong prima facie case for passing off, noting that the defendant was using an identical imitation of the plaintiff's unique product indicia. This ruling reinforces the protection afforded to unregistered trade dress when demonstrating consumer association.

trademark defendant favorable · Feb 10, 2016

Aura Synergy India Ltd. v.M/S New Age False Ceiling Co Pvt. Ltd.

Delhi High Court · 15445193

The Delhi High Court addressed an interim injunction request filed by Aura Synergy India Ltd. against M/S New Age False Ceiling Co Pvt. Ltd., concerning the use of the trade name 'AURA' for metallic false ceiling products. The court ultimately ruled in favor of the defendants, dismissing the plaintiffs' application. The judgment highlighted that the plaintiffs had suppressed material facts and made misstatements regarding their business history and relationship with the defendants, leading to the vacation of the ex-parte injunction.

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