India IP Litigation
7,068 annotated decisions
Page 276 of 295 · 7,068 total
Three-N-Products (P) Ltd. v.Jocil Ltd. And Anr.
Three-N-Products (P) Ltd. successfully obtained an interim injunction against Jocil Ltd. and others, preventing the subsequent registration of the trademark 'AYUSH'. The court ruled that since the original trademark had lapsed due to non-renewal, the assignor possessed no valid property to convey to the assignee. This decision prioritizes the applicant's rights based on the technical lapse of the prior registration over the purported assignment.
Joint Commissioner Of Income Tax v.The Gramophone Co. Of India Ltd.
The Revenue appealed against the CIT(A)'s decision that deleted an addition of Rs. 4 crores made by the AO concerning the transfer of copyrights of 690 film songs to a subsidiary for Rs. 6 crores. The Tribunal upheld the CIT(A)'s view, stating that suspicion cannot be the sole basis for fixing tax liability and the AO cannot substitute his estimated price over the actual consideration received.
Ravikanth Shinde v.Managing Director, Gujarat Heavy ...
The petitioner filed a writ petition against respondents for manufacturing and marketing 'kitchen salt' under the trade mark Dandi, which included a pictorial representation suggesting an association with Mahatma Gandhi's Dandi March. The petitioner argued this violated the Emblems and Names (Prevention of Improper Use) Act, 1950. The court found that both the name and the picture created an impression related to Mahatma Gandhi and thus violated the Act.
Ayushakti Ayurved Pvt. Ltd. v.Hindustan Lever Limited
The Bombay High Court dismissed the plaintiff's motion for injunction in a passing-off suit against Hindustan Lever Limited. The court found that the defendant's mark 'AYUSH' was not deceptively similar to the plaintiff's 'AYUSHAKTI,' and crucially, it held that mere possibility of confusion is insufficient; actual misrepresentation must be demonstrated. Furthermore, the court presumed the plaintiffs had knowledge of pre-existing marks, but ultimately concluded there was no likelihood of consumer confusion.
East African (I) Remedies Pvt. Ltd. v.Wallace Pharmaceuticals Ltd. And Anr.
The Delhi High Court dismissed the plaintiff's application seeking an ad interim injunction against trademark infringement. The court found that the plaintiff failed to establish a strong prima facie case, noting low historical sales figures and lack of evidence regarding goodwill. Conversely, the defendant demonstrated bona fide use, prior searches, and significant market presence with their product 'REVOX'. Consequently, the balance of convenience favored the defendant, who was allowed to continue manufacturing while being directed to deposit security for the plaintiff's interest.
Zee Telefilms Ltd. v.Sundial Communications Pvt. Ltd.
The plaintiffs, a television programming company, filed suit against the defendants for breach of copyright and misuse of confidential information regarding their original work titled 'Krish Kanhaiyya'. The dispute centered on the unauthorized production and broadcasting of a serial based on the plaintiffs' concept by the defendants. The court found that there was unlawful copying and infringement of the plaintiffs' copyright.
Kanpur Trading Company Pvt. Ltd. v.Afroz Ahmed And Feroze Ahmed Trading As Sahana Works
The dispute involved two trademark applications (No. 588196 and 588197) for the word 'Ghari' by Kanpur Trading Company Pvt. Ltd., which were opposed by Afroz Ahmed and Feroze Ahmed. The opponents failed to file requisite evidence within the statutory time, leading to the abandonment of their opposition. They subsequently filed a review petition, which the Tribunal dismissed as lacking merit.
Latha C. Mohan v.Cavinkar Pvt. Ltd. And Ors.
The Madras High Court granted an interim injunction in favor of Latha C. Mohan, who claimed prior use and goodwill associated with her beauty parlour business under the trade name 'Kanya.' The court found that both parties operated within the same field (cosmetology/beauty), creating a likelihood of consumer confusion and diversion of trade. Despite the respondent's registered trademarks, the applicant successfully established a real and tangible risk of damage to her commercial reputation, warranting immediate protection.
Aga Medical Corporation v.Mr. Faisal Kapadi And Anr.
Aga Medical Corporation sought an ad-interim injunction against Mr. Faisal Kapadi and others, alleging that their manufacturing and sale of 'Blockaid' occlusion devices and use of similar brochures infringed on Aga's copyright and constituted passing off. The court examined the prima facie case, finding that the plaintiff failed to establish a clear case of infringement or deceptive similarity.
Pidilite Industries Ltd. v.S.M. Associates And Ors.
The Bombay High Court ruled in favor of Pidilite Industries Ltd., granting an injunction against the defendants for infringing its registered trademark 'M-Seal' and copyright. Despite the defense arguing that the assignment deed excluded the rights related to the stylized mark, the court found that the defendant was fully aware of the plaintiff's established rights. The judgment confirms the initial ad-interim order, restricting the infringement injunction to specific parts of the packaging.
Exphar Sa And Ors. v.Bharat Shah And Anr.
This appeal involved disputes concerning the trademark MALOXINE and associated copyright in its carton design. The plaintiffs, a Belgian-based company, sought permanent prohibitory injunctions against the defendants for passing off and infringement. However, the Delhi High Court ultimately ruled that it lacked the necessary territorial jurisdiction to entertain the suit or grant an interim injunction, as the plaintiff did not reside or carry on business within India.
Heineken Brouwerijen B.V. v.Som Distilleries & Breweries Ltd.
The Delhi High Court dismissed Heineken's application for an interim injunction against Som Distilleries & Breweries Ltd. regarding alleged trademark infringement of its green label. The court found that the two labels were distinguishable, noting differences in shape, color banding, and text layout. Furthermore, the court observed that Heineken's product was primarily marketed only in duty-free shops and star hotels, limiting the likelihood of deception among the general public, thus favoring the defendant.
Icc Development (International) Ltd. v.Ever Green Service Station And Anr.
ICC Development (International) Ltd. filed a suit seeking an injunction against Ever Green Service Station and others, alleging that they were misappropriating the commercial identity and intellectual property of the 'ICC Cricket World Cup South Africa 2003'. The plaintiff claimed exclusive rights over the event's trade name, logo, and associated publicity value. However, the court found that the defendants had paid for travel packages through authorized agents, leading to a mixed outcome where the initial injunction was modified to restrict only the use of the specific Zebra-striped logo.
Hindustan Pencils Limited v.Rakesh Kalra And Anr.
Hindustan Pencils Limited successfully sued Rakesh Kalra and others for trademark infringement and passing off related to the 'NATARAJ' brand. The court found that the defendants dishonestly copied not only the registered trademarks but also the entire carton design, color scheme, and arrangement of the plaintiff's packaging. Consequently, the suit was decreed, granting a permanent injunction against further unauthorized use.
Allied Auto Accesories Ltd. v.Allied Motors Pvt. Ltd. And Anr.
The appellant challenged an order by the Assistant Registrar of Trade Marks which directed the expungement of its registered mark 'Allied' based on the finding that the goods did not fall in Class 12. The respondent argued that the mark should be rectified due to lack of use or fraudulent misrepresentation. The High Court allowed the appeal, holding that the Assistant Registrar erred by relying solely on classification and failing to consider documentary evidence.
Kewal Krishan Kumar v.Rudi Roller Flour Mills (P) Ltd.
The Delhi High Court dismissed an appeal filed by Kewal Krishan Kumar against the registration of the trademark 'Shiv Shakti' by Rudi Roller Flour Mills. The court found that despite some phonetic similarity, the composite nature of the respondent's mark—including the device of Trishul and Damru—created a sufficient visual and phonetic difference from the petitioner's 'Shakti Bhog'. Furthermore, the court ruled that Section 12(3) (concurrent user provision) was not applicable because the trademarks were not identical.
Music Broadcast Pvt. Ltd. v.Phonographic Performance Ltd.
The complainants (radio broadcasting stations) sought a compulsory license from Phonographic Performance Ltd. (PPL) to broadcast its repertoire of sound recordings, as PPL refused to agree on mutually acceptable royalty terms. The Copyright Board ultimately granted the compulsory license and fixed specific rates for royalty payment.
Music Broadcast Pvt. Ltd. v.Phonographic Performance Ltd.
Multiple complainants, including Music Broadcast Pvt. Ltd., sought a compulsory license from Phonographic Performance Ltd. (PPL) to broadcast sound recordings on their radio stations. After failing to reach an agreement on royalty rates, the Copyright Board intervened to determine reasonable compensation.
Titan Industries Ltd. v.Kanishk Jewellery
Titan Industries Ltd. sought an interim injunction against Kanishk Jewellery, alleging that the use of 'KANISHK' was deceptively similar to their established trade mark 'TANISHQ,' causing passing off and irreparable harm in the jewellery market. The Madras High Court ultimately dismissed the plaintiff's application, finding that despite Titan's prior usage, the two names were structurally and phonetically distinct. The court concluded that the plaintiff failed to establish a prima facie case of confusion or likelihood of deception among sophisticated consumers.
Godrej & Boyce Manufacturing Co. Ltd. v.N. Rangaswamy
The appeal was filed by Godrej & Boyce Manufacturing Co. Ltd. against an interim injunction granted in favor of N. Rangaswamy, who claimed ownership of the copyright in drawings and diagrams related to a specialized locking system for petroleum products. The court dismissed the appeal, directing that the main suit be tried expeditiously to determine the validity of the IP rights.
National Research Development Corporation of India v.Shri O.P. Kathpalia
The appellant (National Research Development Corporation) sought to refer a dispute concerning technical know-how transfer and royalty payments related to hard ferrites under an agreement dated 8th August, 1967. The respondent contested the liability for royalties and failure to file returns. The court dismissed the appeal, holding that the petition was hopelessly time barred due to the parties' conduct and the expiration of the original agreement.
chanel ltd v.sunder chemicals agarbati works p ltd
Chanel Ltd. sued Sunder Chemicals Agarbati Works (P) alleging trademark infringement and passing off due to the respondent's use of 'SHANELLE' for perfumes, which the plaintiff argued was deceptively similar to their registered trademark 'CHANEL'. Both parties were selling perfumes, and Chanel claimed significant international reputation and sales.
Star India Private Limited v.Leo Burnett (India) Private Limited
Star India Private Limited sued Leo Burnett (India) Private Limited, alleging that the latter was infringing on the copyright and goodwill of its immensely popular television serial, 'KYUN KI SAAS BHI KABHI BAHU THI'. The plaintiff contended that the defendant's commercial for 'Tide Detergent' substantially copied the serial's characters and theme, leading viewers to mistakenly believe the product was endorsed by Star India. However, the court found that the plaintiffs failed to establish a strong prima facie case or demonstrate a real likelihood of damage, ultimately dismissing the motion.
Hawkins Cookers Ltd. v.Magicook Appliances Co.
Hawkins Cookers Ltd. filed a suit against Magicook Appliances Co., alleging multiple infringements related to its pressure cooker business. The plaintiff claimed that the defendant used a deceptively similar label, which was protected under copyright registration No. A-27389/80. Furthermore, the plaintiff asserted that the defendant's cook book verbatim reproduced substantial passages from the plaintiff's copyrighted instructional material. The Delhi High Court found in favor of Hawkins Cookers Ltd., granting permanent injunction and directing rendition of accounts.