India IP Litigation
7,068 annotated decisions
Page 16 of 295 · 7,068 total
Silvermaple Healthcare Services Private Limited v.Desai Hospitals Ventures LLP & Ors.
The Delhi High Court granted an interim injunction in favor of Silvermaple Healthcare Services against Desai Hospitals Ventures LLP and others regarding alleged infringement of trademarks and copyrights related to hair restoration services. The court found that the Plaintiff was likely to suffer irreparable harm if the Defendants continued using the protected marks and copyrighted materials, leading to a favorable order for the Plaintiff.
Capital Foods Private Limited v.Damyaa (Pj) Foods Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Damyaa (Pj) Foods Private Limited. The court found that the Defendant's use of 'SCHEZWAN TUFANI CHUTNEY' was a clear case of dishonest imitation and deceptively similar to the Plaintiff's registered trademark, 'SCHEZWAN CHUTNEY'. Given the Plaintiff's established reputation and significant market presence, the injunction aims to prevent consumer confusion and irreparable harm.
Tata Sons Private Limited v.Martuj Ali & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Tata Sons Private Limited against Martuj Ali & Anr. The court found a prima facie case of trademark infringement and passing off, noting the well-known status and extensive use of the 'TATA' mark by the Plaintiff. Consequently, the Defendants were restrained from using the impugned mark 'TATA BIRI' or any deceptively similar variations, preventing consumer confusion regarding their association with the Tata Group.
XX v.Y
The Delhi High Court granted several critical reliefs to the Plaintiffs in their trademark infringement suit against Y. The court allowed the plaintiffs to proceed without mandatory pre-institution mediation, masked the parties' identities during initial proceedings, and permitted an ex parte interim injunction supported by a Local Commissioner's commission. This decision allows the plaintiffs, who own the 'HERO' brand, to swiftly investigate and address the alleged sale of counterfeit two-wheeler spare parts.
Manash Lifestyle Private Limited v.Anupam Srivastava & Anr.
Manash Lifestyle Private Limited filed a petition seeking rectification of a trademark registration under Section 57 of the Trade Marks Act, 1999. The petitioner challenged the registration of the mark 'VNYABAIE' in Class 3, which was registered in the name of Anupam Srivastava. The Delhi High Court issued notices to all parties and directed that the matter be listed before the Joint Registrar for completion of service and pleadings, setting a future date for hearing.
M/S. Polo / Lauren Company, L.P. v.M/S. Loren Beautifiers Pvt. Ltd. And Anr.
The Calcutta High Court allowed an application for rectification filed by M/S. Polo / Lauren Company against a similar trademark, 'LOREN'. The petitioner argued that the respondent's mark was registered dishonestly and created a likelihood of confusion with their established global brand, 'RALPH LAUREN'. Crucially, the court noted that the impugned registration had long lapsed and no steps were taken by the respondent to renew it. Consequently, the court directed the removal and expunging of the expired trademark entry.
Juggernaut Books Pvt. Ltd. v.Inkmango Inc. & Anr.
Juggernaut Books initiated contempt proceedings against Inkmango Inc. alleging non-compliance with a prior settlement decree regarding the publication of mandated disclaimers. The petitioner claimed that despite fulfilling its obligations, the respondents failed to publish the required notices on their digital platforms. While the court acknowledged the dispute over compliance, it did not immediately punish the respondent, instead directing them to file a compliance affidavit and listing the matter for further hearing.
Royal Coffee Works v.The Registrar Of Trademarks; Girnar Food & Beverages Pvt. Limited
Royal Coffee Works challenged the delay in processing its trademark application before the Registrar of Trademarks, which was opposed by Girnar Food & Beverages Pvt. Limited regarding the use of 'tea' in the product description. The Kerala High Court addressed the petitioner's grievance concerning procedural delays. The court directed the Registrar to expedite the matter and pass appropriate orders on both the original trademark application and the opposition within a three-month timeframe.
Ashique Exports (P) Ltd v.The Registrar Of Trade Marks
The Madras High Court ruled in favor of Ashique Exports, setting aside an adverse abandonment order passed by the Registrar of Trade Marks. The petitioner argued that they were never properly served with the Notice of Opposition regarding their 'Vi-Wash' trademark application. The court found that since the official records lacked reference to the petitioner's registered email ID, the statutory requirement for deemed service under Section 21(2) of the Trade Marks Act was not met. Consequently, the case has been restored for a fresh hearing after proper notice is issued.
Triveni Household Items Manufacturers Private Limited v.Radhey Radhey Industries & Anr.
In this trademark dispute, the defendants sought to vacate an existing injunction. The plaintiff argued that a pending rectification petition was irrelevant to the current litigation. The court directed the plaintiff to submit the entire record of the rectification petition within two weeks, ensuring both parties have access to all relevant information as the case proceeds.
M/S Bhagwati Enterprises v.Rajesh Kumar Aggrawal
In this Delhi High Court order, the court addressed several procedural applications in a suit concerning trademark infringement and passing off. The court granted the plaintiff exemptions for filing copies and instituting pre-litigation mediation due to the urgency of the matter. Crucially, the court allowed the plaintiff time to amend the plaint after finding that the initial claims regarding manufacturing capacity were unsubstantiated by the records.
Herbalife International Inc. v.Shiv Shakti Enterprises & Ors.
The Delhi High Court extended the existing interim injunction against Herbalife's trademarks to a newly impleaded defendant (Mr. Narayan Lal Kumawat) after relying on a local commissioner's report indicating counterfeit activity. The court also issued strict directives, requiring all involved parties to discontinue selling infringing goods on Flipkart and disclose detailed transaction information related to the alleged trademark infringement.
Woodland (Aero Club) Pvt. Ltd. v.M/S Speedways Tyre Treads & Anr.
The Delhi High Court issued several orders in favor of the Plaintiff, Woodland (Aero Club) Pvt. Ltd., in its suit against M/S Speedways Tyre Treads & Anr. The court granted exemptions for pre-institution mediation and advanced service, recognizing the urgency of the matter. Crucially, the court allowed the Plaintiff to seek an ex-parte ad-interim injunction by appointing a Local Commissioner to inspect the premises and stock of the Defendant, thereby initiating immediate protective measures against alleged trademark infringement.
Tata Sons Private Limited & Anr. v.Sohel Iliyasbhai Dantroliya
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Tata Sons against Sohel Iliyasbhai Dantroliya. Crucially, the court granted an interim injunction and permitted the appointment of a Local Commissioner to inspect and seize infringing goods (VITA GLUCO+) bearing deceptively similar packaging to TATA GLUCO+. The order also provided procedural relief to the plaintiffs regarding extensions of time, exemption from pre-institution mediation, and permission to file additional documents.
Impresario Entertainment And Hospitality Pvt Ltd v.M/S. Social Kitchen Through Its Proprietor
The Delhi High Court granted an ex parte ad-interim injunction in favor of Impresario Entertainment, who holds a registered trademark for 'SOCIAL' used across various hospitality services. The court found that the plaintiff had established a prima facie case and that the balance of convenience lay in their favor, noting the defendant's prior withdrawal of its own application due to concerns over deceptive similarity. This interim order immediately restrains the defendant from using marks similar to 'SOCIAL', including variations like 'SOCIAL KITCHEN'.
Jsw Mg Motor India Private Limited v.The Registrar Of Trade Marks & Anr.
The Delhi High Court heard an appeal filed by JSW MG Motor India Private Limited challenging the Registrar of Trade Marks' order that treated their application as abandoned due to non-appearance. The Appellant argued that their newly engaged counsel made reasonable attempts to join the virtual hearing but was unable to do so because the VC link was sent to the previous counsel. The Court prima facie agreed with the Appellant, finding that the inability to attend was not attributable to the new counsel. Consequently, notice was issued to the Respondents, and the matter was listed for further consideration.
Usms Saffron Co. Inc. v.Rupesh Rathore Trading As Rm International
The Delhi High Court issued a comprehensive order in the trademark, copyright, and passing off infringement suit filed by Usms Saffron Co. Inc. against Rupesh Rathore Trading As Rm International. The Court granted an ad-interim injunction to protect the Plaintiff's registered trademarks and unique packaging/trade dress for 'BABY BRAND SAFFRON'. Furthermore, the court set out procedural directions regarding document submission, exempted the plaintiff from pre-institution mediation due to the urgency of interim relief, and fixed the fee for a Local Commissioner to inspect the premises.
Mohanlal U.Jain Trading As M/s.Master Marketing v.M/S.Lkb Engineering Pvt. Ltd.
The Madras High Court allowed appeals filed by Mohanlal U.Jain, setting aside the Trademark Registry's decision to abandon his applications for 'Rallison APPLIANCES.' The core issue was whether the opposition notice served by M/S.Lkb Engineering Pvt. Ltd. had been properly served on the appellant as required under Section 21(2) of the Trade Marks Act, 1999. The Court found that despite evidence of communication from the respondent, there was no proof presented by the Registry confirming service upon the appellant. Consequently, the appeals were allowed, and the Registry was directed to grant a fresh opportunity for the matter.
Sg Corporate Mobility Pvt .Ltd. v.Marvel Technoplast Pvt. Ltd.
The Delhi High Court addressed several procedural applications in the trademark opposition matter between Sg Corporate Mobility and Marvel Technoplast. The court granted an exemption request regarding the submission of a certified copy of an NCLT order, allowing the petitioner four weeks to comply. Furthermore, recognizing that Respondent No. 1 had filed notice of opposition to Petitioner's trademark application no. 6792577 but failed to appear, the Court directed formal service and issuance of notices to ensure due process continues in the matter.
Novenco Building And Industry A/S v.Xero Energy Engineering Solutions Private Ltd.
The appellant (Novenco) filed a commercial suit alleging infringement of its patents and designs by the respondent (Xero Energy). The High Court rejected the plaint due to non-compliance with mandatory pre-institution mediation under Section 12A, citing a delay between discovery and filing. The Supreme Court overturned this decision, holding that continuous infringement and public interest in preventing market confusion establish urgency, regardless of the time lag.
Pas Agro Foods v.Krbl Limited; Controller General of Patents, Designs and Trademarks (CGPDTM) in India; Deputy Registrar of Copyrights
Pas Agro Foods filed a Special Jurisdiction Case seeking the expungement of trademark and copyright registrations granted to Krbl Limited. The Kerala High Court, after reviewing the petition and arguments, directed that notice be served upon all respondents via speed post and email. This marks the initial procedural step in challenging the validity or ownership of the registered IP rights.
Capital Foods Private Limited v.Pitambari Products Private Limited
In a dispute over trademark infringement, Capital Foods Private Limited and Pitambari Products Private Limited reached an out-of-court settlement. The Delhi High Court formalized this compromise, decreeing the suit in favor of the Plaintiff while allowing the Defendant limited usage rights for specific packaging (PITAMBARI RUCHIYANA SCHEZWAN HOT & SPICY). This resolution allows the parties to move forward without protracted litigation over damages and accounts.
Pathkind Diagnostics Private Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Pathkind Diagnostics Private Limited against the Registrar of Trade Marks' rejection of its trademark application for 'PATHKIND LABS'. The core issue was the existence of cited marks owned by the petitioner's director. By presenting an Assignment Deed and a No Objection Certificate (NOC), the court found that the ground for rejection had been sufficiently addressed. Consequently, the application was directed to be accepted and advertised in the Trademark Journal.
M/S.Zth Orbit Private Ltd v.The Government Of Tamil Nadu
M/S.Zth Orbit Private Ltd filed a Writ Petition seeking to quash a government tender and direct the respondents to conduct technical analysis based on the petitioner's patent grant for single source procurement. However, the petitioner subsequently moved to withdraw the petition.