FMCG — India Copyright Cases
28 decisions indexed
Page 1 of 1 · 28 total
Fortune Marketing Private Limited v.Gujarat Pesticides & Ors.
The Delhi High Court revoked the impugned copyright registration of the artistic work/label/packaging titled ZOOOK in favor of Gujarat Pesticides & Ors. due to procedural flaws. The court found that the grant of copyright registration was procedurally flawed and deserved to be revoked. The original application filed by Respondent No.1 is revived for fresh consideration by Respondent No.2. The court has not expressed any opinion on the merits of the case.
Rajani Products v.Madhukar Varandani, Proprietor Of M/S Naturalindia Oils And Proteins & Anr.
Rajani Products filed a petition seeking the removal of a specific Copyright registration (A-128046/2019) held by Madhukar Varandani. The petitioner, engaged in manufacturing edible oils, claimed that their own artistic works and labels, featuring the SWASTIK device, were prior and original. They argued that the impugned work was a substantial reproduction of their protected designs. After comparing the two artistic works, the court found that the Impugned Artistic Work lacked originality and substantially imitated the Petitioner's registered works.
Dwarka Matlani v.Jay Daryani
Dwarka Matlani filed a rectification petition challenging the copyright registration granted to Jay Daryani for the label and packaging titled 'ROYAL'. The petitioner argued that the registered artwork was a slavish imitation of their own established trademark/label, which they had used since 1997. Furthermore, the petitioner contended that the registration process concealed material facts regarding the true ownership of the artistic work. The court found that the respondent's label was an imitation and lacked originality, making it ineligible for copyright protection. Given these findings, the High Court allowed the petition, directing the removal of the impugned copyright from the Register.
Anil Kumar Gera Trading As Alka Food Industries v.Mr Ramesh Chander Trading As Anil Food Industries
This Delhi High Court order addressed petitions challenging two existing copyright registrations held by M/s Anil Food Industries. The petitioner, Alka Food Industries, alleged that these registrations for artistic labels were obtained improperly and in contravention of statutory rules. The core legal issue revolved around whether the Respondent complied with the mandatory requirement of issuing notice to all interested parties during the registration process. The Court directed that the impugned copyrights be treated as revoked/cancelled, while simultaneously reviving the original applications. This allows the Petitioner a fresh opportunity to file an opposition, ensuring the matter is re-decided in accordance with law.
Anil Kumar Gera Trading As Alka Food Industries v.Mr Ramesh Chander Trading As Anil Food Industries
This Delhi High Court order addresses a petition seeking the cancellation of two impugned copyright registrations related to a confectionary tablet label. The Petitioner argued that the Respondent failed to comply with mandatory notice requirements under the Copyright Rules, 2013. Conversely, the Respondent contended that the Petitioner was not an 'aggrieved person' and cited prior rejection orders as res judicata. The Court deferred final adjudication, requiring both parties to clarify the pending issues in the underlying suits.
Perfetti Van Melle S.P.A v.M.G Products / M.G Food Product
Perfetti Van Melle S.P.A filed a cancellation petition seeking rectification of a specific copyright registration (A-79261/2007) held by M.G. Products. The court examined the matter in light of a prior civil suit that had been decreed based on a settlement agreement dated October 31, 2012. This settlement explicitly included the Respondent's agreement to cancel the impugned copyright registration. Consequently, the Delhi High Court directed the cancellation and expungement of the registration from the Register of Copyrights.
Manju Singal Proprietor Singla Food Products v.Deepak Kumar, Deepak Manocha, Sara Sales and Anr.
Manju Singal Proprietor Singla Food Products filed a petition seeking rectification of a conflicting copyright registration held by Deepak Kumar. The petitioner claimed ownership over their artistic packaging design for 'Gulchhare' since 2009, asserting that the respondent's subsequent registration was based on an identical and slavish imitation. After examining the works, the Delhi High Court found that the respondent's work lacked originality compared to the petitioner's earlier creation.
SSG Pharma (P) Ltd v.Paras Pan Products Pvt Ltd
SSG Pharma (P) Ltd filed a petition seeking rectification of the copyright held by Paras Pan Products Pvt Ltd concerning the artistic work 'NAGRAJ HARFANMOLA'. The Petitioner argued that its own artistic work, 'SATMOLA', was the prior adopter and user. The court found that the Respondent's artistic work bore a striking resemblance to the Petitioner's, noting that the pouches were copied in terms of color scheme and images of children. Consequently, the court directed the rectification/expungement of the impugned copyright registration.
Hindustan Unilever Limited v.Pradeep Dhidaria
Hindustan Unilever Limited filed an Interim Application against Pradeep Dhidaria alleging that the latter had slavishly copied the original artistic work featured on the Plaintiff's product packaging. The court examined the resemblance, noting similarities in elements like the starburst and globe depiction used on the rival product's trademark 'MASTER'. Based on this prima facie finding of copying and subsisting copyright, the court continued the ex-parte ad-interim relief granted earlier.
Sweeton Foods Pvt Ltd v.M/S Grv Conferectionery And Foods
Sweeton Foods Pvt Ltd filed a petition seeking the cancellation of a copyright held by M/S Grv Conferectionery And Foods for the label 'KARTIER GOLD 24 CARAT SWISS MILK CHOCO'. This action stemmed from an earlier civil suit regarding trademark infringement. The court found that since the respondent had undertaken in a settlement decree to withdraw and cancel the registration, the petition was allowed.
Paras Ayurvedic Pharma Pvt Ltd v.Salman Iqbal Ahmed Momin And Anr
This commercial appeal involved a dispute over the use of an artistic design on a medicinal oil, 'Roghan Sukoon Massage Oil.' The plaintiff claimed copyright infringement and passing off against the defendant. The core issue revolved around whether the defendant's similar artwork constituted blatant copying and if the plaintiffs had sufficient knowledge to pursue legal action promptly. The Bombay High Court dismissed the appeal, upholding the lower court's decision that the defendant did not infringe upon the plaintiffs' rights.
M/s.Maya Appliances P Ltd. v.Apex Consumer Appliances P ltd.
M/s. Maya Appliances P Ltd. filed a civil suit alleging that Apex Consumer Appliances P ltd. was infringing upon its registered copyrights related to the design of its VIDIEM AIR frameless gas stove. The plaintiff claimed that the defendant's APEX EVA stoves were identical or deceptively similar, constituting both copyright infringement and passing off. Furthermore, the plaintiff asserted that the defendant used proprietary phrases from the promotional video on their carton boxes. The Madras High Court ultimately decreed the suit in favor of the plaintiff, granting injunctions, damages, and ordering the destruction of infringing products.
Hindustan Unilever Limited v.Shri Mahaveer Jain Industries
Hindustan Unilever Limited filed a suit against Shri Mahaveer Jain Industries alleging infringement of its distinctive original artwork, 'Elle 18 face,' used on nail polish packaging. The dispute centered on the defendant's use of similar artistic designs and potential passing off. Both parties amicably settled the matter before the Bombay High Court.
M/s.Diabliss Consumers Products Pvt. Ltd. v.M/s.Dia Health Foods Pvt. Ltd.
Diabliss Consumers Products Pvt. Ltd. filed a civil suit against Dia Health Foods Pvt. Ltd. alleging copyright infringement regarding the artistic design used on its 'Diabliss Diabetic Friendly Sugar' pouches. The plaintiff demonstrated prior creation and use of the unique artistic design since 2015, which was subsequently copied by the defendant for their product, Diabeat. The Madras High Court found that the background, color, and overall get-up of the defendant's pouch were identically similar to the plaintiff's protected design.
Hindustan Unilever Ltd. v.Mahabir Enterprises
Hindustan Unilever Ltd filed a commercial IP suit against Mahabir Enterprises alleging infringement of its copyright in artistic packaging/trade dress for detergents, along with passing off. The Bombay High Court granted permanent injunctions restraining the defendant from reproducing or selling infringing goods and ordered the payment of a fine.
M/S.M K Food Products v.M/S.S H Food Products
M/S.M K Food Products challenged the return of its plaint filed in the Commercial Court alleging copyright infringement concerning product packing design. The court held that since the suit sought permanent injunction against infringement, it inherently contemplated urgent relief. Therefore, the requirement to exhaust pre-institution mediation under Section 12(A)(1) of the Commercial Courts Act was found illegal and set aside.
State (Nct Of Delhi) v.Rajesh Nandwani
The State filed a Revision Petition challenging the Trial Court's order that discharged the respondents in a case concerning copyright violation (FIR No. 69/2009 PS EOW). The core dispute revolved around whether the registered artistic label/packing of the product was still protected by copyright, given its long-term commercial use and industrial manufacturing process.
Radhe Krishna Products - A Partnership Firm v.Parshottambhai Dharamshibhai Lunagriya
This petition challenged a trial court's order rejecting the petitioners' application under Order VII Rule 11 of the CPC, which argued that the respondent's second civil suit was not maintainable. The petitioners claimed that since the respondent had previously restricted their claims to copyright infringement after filing an initial suit alleging both copyright and passing off, they could not file a subsequent suit for similar relief. The High Court ultimately upheld the trial court's decision, finding no fault in the impugned order.
Raj Kumar Saraf, Proprietor M/S. Bindal Food Products v.M/S. Vaidya Nandram Gigraj Chamaria
This appeal challenged the order by the Copyright Board that expunged a copyright registration (No. A-66496/04) held by Raj Kumar Saraf for an artistic label used on 'Vijay Hingoli' products. The Respondent, M/S. Vaidya Nandram Gigraj Chamaria, sought rectification based on prior use and ownership of the art work. The Delhi High Court ultimately dismissed the appeal, finding that the Appellant failed to establish valid authorship or continuous rights, particularly concerning alleged assignments and dates of publication.
M/S. Pachranga International (Chander Group) v.M/S. Pachranga International Pvt. Ltd.
This appeal challenged an order by the Copyright Board that sought to expunge eleven copyright registrations granted to M/S. Pachranga International (Chander Group). The respondent, M/S. Pachranga International Pvt. Ltd., argued that these registrations were fraudulent and violated procedural rules due to the complex history of partnership divisions. The Delhi High Court upheld the Board's decision, finding evidence of mala fide intent and violation of Rule 16(3) because the respondent had a clear interest in the subject matter but was not properly notified.
New Hariom Industries & Anr v.Dandi Salt P. Ltd.
New Hariom Industries challenged the registration of an FIR, alleging that the search warrants were improperly obtained against unknown individuals despite knowing the Petitioners' business presence. The Respondent, Dandi Salt P. Ltd., maintained that the goods were unidentified at a railway yard and that they held valid copyright over their unique packaging/label since 2000. The Delhi High Court dismissed the petition, holding that because the goods were lying unidentified, the search warrants were justified, and furthermore, evidence collected during an illegal search remains admissible in trial.
Perfetti Van Melle S.P.A. v.Shankarlal Dhingra
Perfetti Van Melle S.P.A. filed a suit alleging infringement of its copyrighted trade dress and artistic work on its 'Center Fresh' chewing gum packaging by a competitor using the 'Super Mint' brand. The plaintiff claimed that the defendant's wrapper was deceptively similar, constituting both copyright infringement and passing off. However, the Delhi High Court dismissed the suit, finding no substantial similarity in the art or color scheme between the two wrappers.
Dabur India Ltd. v.K.R. Industries
This Supreme Court judgment addressed a dispute concerning the alleged infringement of copyright in product packaging between Dabur India Ltd. and K.R. Industries. Dabur claimed that K.R.'s tooth powder packaging was an imitation of its copyrighted artistic work, which included specific color schemes and feature arrangements. The core legal challenge revolved around whether the Delhi High Court possessed territorial jurisdiction to hear this composite suit, given that the respondent was based in Andhra Pradesh.
Frito-Lay India And Ors. v.Guru Prasad Enterprises
Frito-Lay India filed a suit against Guru Prasad Enterprises alleging that the defendant was copying its distinctive snack food packaging. The plaintiff claimed their original artistic work, used on products like 'Lehar' Namkeens, had been substantially reproduced by the defendant's 'Mannka' brand. The court examined the similarities in color scheme, design motifs, and overall arrangement of the packaging. Ultimately, the Delhi High Court granted a permanent injunction, finding that the defendant's actions constituted copyright infringement, passing off, and unfair competition.
Asian Paints (I) Ltd. v.Jaikishan Paints & Allied Products
Asian Paints filed a suit seeking an injunction against Jaikishan Paints for infringing its copyrighted label 'Utsav' with the impugned label 'Utkarsh'. The defendant challenged the court's territorial jurisdiction. The court ruled that since the plaintiff carries on business in Mumbai, it has jurisdiction to hear the copyright infringement case.
Pepsi Co., Inc. v.Hindustan Coca Cola Ltd.
The Delhi High Court addressed a complex dispute involving trade mark infringement, copyright violation, and disparagement claims between Pepsi Co. and Hindustan Coca Cola Ltd. The court found that while the general 'Cola War' is a matter of market rivalry, the respondent's use of specific advertising elements constituted an imitation of the appellant's copyrighted work. Consequently, the court granted an interim injunction restraining the respondents from displaying certain commercials and the roller coaster advertisement in its current form.
Andhra Coffee And Flour Mills v.Brooke Bond India Limited
The plaintiff filed a suit seeking perpetual injunction against the defendant for infringing its copyright in an artistic pouch design. The defendant subsequently applied to revoke the court's permission (leave) to institute the suit, arguing that no part of the cause of action arose within the High Court's jurisdiction and that the suit should have been filed in the District Court at Ongole.
The Tata Oil Mills Co. Ltd. v.Hansa Chemical Pharmacy
The plaintiff sued the defendant for infringing its registered copyright on the 'OK Washing Soap Wrapper' and for passing off. The plaintiff alleged that the defendant used a colorable imitation to deceive consumers. The court, while noting conflicting dates of use, disposed of the interim application by directing the defendants to file their sales accounts.
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