There have been many recent trademark cases (e.g. Merck Kgaa & Anr vs Abhinav and Ashok Trading, 2014- where Carbophar was held to be deceptively similar to the trademark Carbophage and a permanent injunction was granted.) surrounding infringement suits over trademarks related to medicines. Trademark law assesses similarity of marks from the lens of an ‘average man of ordinary intelligence’ who has ‘imperfect recollection’. Though a critical comparison of two trademarks may disclose points of differences, their overall similarity may […]

Only talk doesn’t cook the rice! Rice, a source of a number of culinary delights, especially in India, is now the fodder for a legal battle. A trademark dispute over the use of the mark ‘Heritage’ with respect to rice is unfurling before the Delhi High Court. The plaint was first rejected by a single judge but was recently restored. In 2011, LT Foods ltd filed a suit seeking permanent injunction to restrain Heritage Foods from infringing its trademark- Heritage.

The case of MD IFTEKHAR v. M/s KARIM HOTELS Pvt Ltd. was an appeal to the Delhi High Court decided early this month.This case essentially deals with the issue of the ownership of  trademarks The privileged position that the Court accords to registration of trademarks is made apparent in this case, even when there are suggestions that the registration is invalid. It is also a testament to the legal principle that a lower bench’s decision will not be interfered with