Software — India Trademark Cases
11 decisions indexed
Page 1 of 1 · 11 total
Epikindifi Software And Solutions Pty Ltd v.The Registrar Of Trademarks
The Delhi High Court addressed rectification petitions filed by Epikindifi Software and Solutions Pvt. Ltd. concerning the marks LEND.EZEE (No. 6174368 and 6174369). The court noted a procedural error in the filing, specifically regarding the petitioner's name. Consequently, the Court directed the petitioner to file a corrected Memo of Parties within one week. Further proceedings were scheduled after granting time for both parties to file their respective replies and rejoinders.
Epikindifi Software And Solutions Pty Ltd v.The Registrar Of Trademarks
The Delhi High Court addressed rectification petitions filed by Epikindifi Software and Solutions Pvt. Ltd. concerning the marks LEND.EZEE (No. 6174368 and 6174369). The court noted a procedural error in the filing, specifically regarding the petitioner's name. Consequently, the Court directed the petitioner to file a corrected Memo of Parties within one week. Further proceedings were scheduled after granting time for both parties to file their respective replies and rejoinders.
Oracle America, Inc. v.Mr. Sandeep Khandelwal And Anr
The Delhi High Court allowed Oracle America's petition seeking rectification and cancellation of a rival trademark, JAVATPOINT/. The court found that the impugned mark was deceptively similar to Oracle's well-established 'JAVA' mark, which has been used since the 1990s. Given the identical target consumer base in educational services (Class 41), the court ruled that the respondent had dishonestly adopted the mark to ride on Oracle's goodwill and reputation, leading to its removal from the Trade Marks Register.
GOTO Technologies USA, Inc. v.Sanikommu Venkata Ramalinga Reddy
The Madras High Court ruled in favor of GOTO Technologies USA, Inc., allowing petitions to cancel several trademark registrations held by Sanikommu Venkata Ramalinga Reddy. The court found that the respondent had adopted the prominent 'GOTO' part of the petitioner’s established mark without justification. By demonstrating its long history and market presence, the petitioner successfully countered arguments regarding delay or lack of prior registration.
CRYTEK GmbH v.Hameed Firnas
The Madras High Court allowed a petition filed by CRYTEK GmbH, a German company specializing in computer games, seeking rectification of the Trade Marks Register. The court found that the impugned mark registered to Hameed Firnas was deceptively similar to CRYTEK's earlier trademark and was likely to cause public confusion. Crucially, the respondent failed to provide any evidence of use for their mark despite being given an opportunity, leading the court to direct its cancellation.
Milaap Social Ventures India Pvt Ltd v.Google India Pvt Ltd
The Karnataka High Court allowed Milaap Social Ventures to amend its original suit, which was initially based on common law passing off. The petitioners sought to incorporate a statutory claim for trademark infringement after their mark ('MILAAP') was registered. The court overturned the trial judge's rejection, emphasizing that amendments should be liberally granted if they do not cause prejudice and are not mutually destructive with existing reliefs. This ruling allows parties to consolidate related IP claims under one suit.
Apnatime Tech Pvt. Ltd. v.Tmp Technologies Pvt. Ltd.
The Delhi High Court ruled in favor of Apnatime Tech Pvt. Ltd., permanently restraining Tmp Technologies Pvt. Ltd. from using any mark identical or deceptively similar to its trademark 'APNA'. The court found that the Defendants' use of 'APNA SHARE APP' constituted passing off, given the similarity of services offered (online learning/job search). Furthermore, the judgment ordered the cancellation of the infringing domain name and mandated the removal of all related references from social media platforms.
Netsweeper Inc. v.Netsweeper Technologies Private Limited & Others
Netsweeper Inc. filed a suit against several entities for passing off its corporate name 'NETSWEEPER' and infringing on its trademark rights. The plaintiff sought damages, permanent injunctions, and an accounting of profits derived from the deceptive use of the brand. While the court addressed multiple claims including licensing fees and tax debts owed to the government, the judgment primarily focused on restraining the defendants from using or dealing with the 'NETSWEEPER' name in a manner that suggests affiliation with the plaintiff.
Netsweeper Inc. v.Netsweeper Technologies Private Limited & Others
Netsweeper Inc. filed a suit against several entities for passing off its corporate name 'NETSWEEPER' and infringing on its trademark rights. The plaintiff sought damages, permanent injunctions, and an accounting of profits derived from the deceptive use of the brand. While the court addressed multiple claims including licensing fees and tax debts owed to the government, the judgment primarily focused on restraining the defendants from using or dealing with the 'NETSWEEPER' name in a manner that suggests affiliation with the plaintiff.
Netsweeper Technologies Private Limited v.Netsweeper Inc.
Netsweeper Technologies Private Limited filed a suit against Netsweeper Inc. alleging passing off and unauthorized use of its registered trademark, 'NETSWEEPER'. The plaintiff, based in Canada, claimed that the defendants were wrongfully associating themselves with its brand to sell similar software services. The Madras High Court dismissed the appeal filed by the appellants, confirming the original injunction granted in favor of Netsweeper Technologies Private Limited.
Rohit Singh & Anr v.Apple Inc.
The Delhi High Court addressed the trade mark dispute between Rohit Singh and Apple Inc. concerning the term 'SPLITVIEW.' The plaintiffs sought permanent injunctions against Apple, alleging passing off due to the use of a deceptively similar feature name in its operating systems. While the court dismissed an interim injunction request, it proceeded to frame six detailed issues for trial, focusing heavily on whether the term is merely descriptive, who has prior usage rights, and if the plaintiffs' mark has acquired distinctiveness.
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