- The case involving the terms Ayur and Ayu
Both terms appear similar and connected to the word Ayurveda which is a system of traditional Indian medicine. According to the plaintiff, they have exclusive rights due to the registration of both terms Ayur and Ayu. The plaintiff complains that the defendant has applied to register the following terms:
Such clashing of interests is relatively common in the business world. According to Plaintiff, they use the terms Ayur
in manufacturing and selling essential oils, hair lotions, cosmetics, and shampoos.
- Montblanc and New Delhi Stationery Mart
Wordmarks “Spacewalker” and “Starwalker” can probably confuse the minds of the general public. The defendant used Spacewalker, while the Plaintiff has the word mark Starwalker registered for itself. Besides similar wordmarks, the dispute concerns a three-ringed device mark with similarity in shape and configuration.
- Arvind and Hahnemann Laboratories
In words EYLEX and EYETEX, EYE is the word common to both. The defendant used LEX, while the plaintiff used TEX. LEX and TEX are quite similar and, since they are being used by two different brands, they might be misleading for the buyers. Besides being a registered word mark, EYETEX also owned a device mark with an artistic drawing of a lady’s eye. 4.Praba’s V Care Clinic and I-care Clinic
“CARE” is a term representing public welfare and hence cannot be used by any business. However, this would have been an issue if the word “CARE” was being used alone. Here, since the word “CARE” is a part of the whole trademark, and since comparison needs to be made on the whole wordmark rather than a specific part of it, the usage of the word “CARE” by both businesses does not violate trademark rules.
- Ansari Bilal and Shafeeque Ahmed
The defendant claims that the calligraphy they have used is quite different from what the plaintiff uses. Quoting the registration number, the plaintiff claims ownership over the word mark NAGEENA, which is also being used by the defendant