Bombay High Court
637 cases · page 1 of 22
Showing 1–29Hamilton Housewares Pvt Ltd And Anr v.Yogi Products
Hamilton Housewares, makers of the Milton Pickle Container, sued Yogi Products, makers of the Apex Pickle Container, alleging trade dress infringement, passing off, and copyright infringement in their artistic works, industrial drawings, and product packaging. The parties settled the dispute through Consent Terms executed in court, with the defendant submitting to a decree on admission encompassing all the injunction reliefs sought by the plaintiffs. The court accepted the Consent Terms as undertakings to the court and disposed of the suit accordingly.
SAPAT International Private Limited v.Niravi Consumer LLP and Ors.
SAPAT International Private Limited, the registered proprietor of the trademark 'SAPAT' in Class 30 for tea (with roots tracing back to 1944/1957), sued Niravi Consumer LLP and related entities for trademark infringement and passing off after the defendants began using 'SAPAT' alongside their brand 'NIRAVI' on tea outlets and signages following termination of supply arrangements. The court had earlier recorded the defendants' statement on 28 January 2025 that they would not use 'SAPAT' on packaged tea. In IA(L) 18951/2025, the plaintiff alleged violation of that order, but the court held the statement was confined to packaged tea and the defendants were selling loose tea under the trading name Sapat & Co. Nashik, dismissing the violation application. However, the court found that the use of signages and invoices bearing 'SAPAT' did constitute infringement of the plaintiff's registered trademark.
Ultratech Cement Ltd And Anr v.Shaktishali Cement Pvt Ltd
The Bombay High Court ordered the destruction of cement bags bearing the impugned marks 'VIJAY ULTRA Power CEMENT with Sun Logo' and 'Ultra hi-plus CEMENT Bemisal Majbooti' as they were found to be infringing the trademarks of Ultratech Cement Ltd. The court also allowed the plaintiff to file brief written submissions along with compilation of case law. The case has been stood over to August 3, 2026 for final hearing.
Anil Shah Trading As Le Shark India v.Le Shark Apparel Limited
The Bombay High Court overruled a preliminary objection and allowed an appeal against an order directing the removal of a trademark from the register. The appellant, Anil Shah Trading As Le Shark India, had challenged the order passed by a single judge in a commercial miscellaneous petition filed by Le Shark Apparel Limited. The court held that the appeal was maintainable under Section 13 of the Commercial Courts Act, 2015.
Sun Pharmaceutical Industries Limited v.Meghmani Lifesciences Limited
Sun Pharmaceutical Industries Limited filed a commercial suit against Meghmani Lifesciences Limited for infringement of its registered trademark 'RACIRAFT'. The court found that the defendant's mark 'ESIRAFT' was deceptively similar to the plaintiff's mark and granted an injunction. The court applied the test of phonetic similarity and first impression to determine the likelihood of confusion. The decision highlights the importance of protecting intellectual property rights in the pharmaceutical industry.
Laser Shaving India Private Limited v.Rkrm International Products Private Limited
The Bombay High Court dismissed the Commercial Appeal filed by Laser Shaving India Private Limited against Rkrm International Products Private Limited, upholding the lower court's order refusing a temporary injunction. The court found that the plaintiff had suppressed relevant material and was estopped from seeking relief due to its previous stand before the Registrar of Trade Marks. The defendant had commenced selling impugned products after the plaintiff's representation to Galactic, and the court concluded that the elements of estoppel were satisfied.
Allied Blenders And Distillers Limited v.Vijayawada Distilleries Private Limited & Another
The plaintiff filed an interim application alleging infringement of its well-known trade mark, "OFFICER'S CHOICE," and related labels by the defendants who adopted deceptively similar marks like "EXECUTIVE CHOICE" and "OLD CROWN". The court examined the proprietary rights, noting that the Plaintiff had secured registrations for these marks and variants. Based on a prima facie comparison of the rival marks and evidence of deceptive similarity, the court granted ad-interim relief.
Universal Test Solutions Llp v.Punam Kumari Singh and Others
The Plaintiff filed an Interim Application seeking restraint against the Defendants for alleged infringement of multiple trademarks (Test Magic, eZscript, UTS) and passing off. The dispute centered on the ownership and usage rights of software development under the name 'Universal Test Solutions'. The Court examined the evidence regarding goodwill and reputation but found the material insufficient to establish a prima facie case.
Saurabh Arora v.The Controller Of Patents And Designs
The petitioner challenged an order passed by the Deputy Controller of Patents which dismissed a post-grant opposition filed against Patent No. IN 283059. The petitioner argued that the impugned order was unreasoned, failing to assess the technical merits of the prior art (D1) cited under Section 25(2)(c).
Vishal Prafulsingh Solanke v.Controller of Patent and Designs
Vishal Prafulsingh Solanke challenged the refusal of his patent application (No. 879/MUM/2015) by the Assistant Controller of Patent and Designs, which was upheld in a prior appeal. The present Commercial Appeal sought to challenge this order further under Section 13 of the CCA, but the Court found that the statutory provisions did not permit such an appeal.
Rajeev Prakash Agarwal v.Tata Play Limited and Others
The plaintiff, Rajeev Prakash Agarwal, sought an interim injunction restraining Tata Play Limited and others from using the mark 'ASTRO DUNIYA', alleging trademark infringement and passing-off. The Plaintiff claimed ownership of the coined mark used for astrological services since 2005. However, the court found that no prima facie case was made out for either infringement or passing off, dismissing the interim application.
AIC246 AG & Co. KG v.The Patent Office of India and Ors.
The petitioner challenged an order by the Controller of Patents rejecting its application for a fungicide combination. The core issue was that the Petitioner was not granted a mandatory hearing under Section 14 of the Patents Act before the rejection, despite the statutory framework requiring such a procedure. The Court found this omission arbitrary and contrary to the law.
Asian Paints Limited v.Smt. Manju Rani Jindal And Ors.
Asian Paints Limited filed a suit against Smt. Manju Rani Jindal and others alleging infringement and passing off concerning its trade marks (ASIAN PAINTS and ASIAN). The dispute centered on the Defendants' use of the mark 'SUPER ASIAN PLUS' on paint-related goods like wall putty and cement paints. Given the Defendants' failure to contest the suit, the court decreed the suit in favor of Asian Paints.
Merchint Foods and Hospitality Pvt. Ltd. v.Samtani Brothers Pvt. Ltd. & Ors.
The petitioner filed a Leave Petition seeking permission under Clause XII of the Letters Patent Act to institute a suit against the respondent. The petitioner argued that despite the respondents residing outside the court's jurisdiction, the transactions and effects of trademark infringement and passing off were felt within Mumbai. The Court granted leave for the proposed suit.
Jfe Steel Corporation v.The Controller of Patents & Designs
Jfe Steel Corporation challenged an order from The Controller of Patents & Designs that refused its patent application (No. 115/MUMNP/2015). The petitioner argued that the rejection was based solely on non-compliance with Section 10(4) without examining novelty or inventive step. The High Court agreed, finding the rejection legally flawed.
Trackon Couriers Private Limited v.B N Srinivas
The Plaintiff, a courier service company, sought an interim injunction against the Defendant for using marks containing 'TRACK-ON' or 'TRACK-ON EXPRESS', which are confusingly similar to the Plaintiff's registered trademarks. The court found that the Plaintiff had made out a strong prima facie case and granted temporary relief.
M/s. Pyromaitre Thermal India Pvt. Ltd. v.Pyromaitre INC. Thr Its Authorized Rep
The applicant (M/s. Pyromaitre Thermal India Pvt. Ltd.) filed a revision application challenging an order that rejected its application for rejection of the plaint in a commercial suit. The dispute centered on allegations of infringement of the plaintiff's industrial oven design by the respondent. The High Court upheld the lower court's decision to reject the application, finding no grounds for rejection.
Siyaram Silk Mills Limited v.Stanford Siyaram Fashion Private Limited
The Plaintiff, Siyaram Silk Mills Ltd., filed a suit seeking to restrain the Defendants from infringing its registered trade mark 'Siyaram' and passing off their products. The Defendants raised defenses including prior use since 1992 and acquiescence by the Plaintiff. The Court found that the Plaintiff had a strong prima facie case, concluding that the defendants' adoption was dishonest and granting interim relief.
Trutech Machinery v.Controller of Patents & Anr.
Trutech Machinery challenged the Assistant Controller's order allowing a patent application for an improved round corner cutting machine. The Petitioner raised objections under Section 25, including anticipation and lack of inventive step. The Court found no legal error in the summary inquiry conducted by the Controller and directed the Petitioner to seek revocation under Section 64.
Bhupesh Sevantilal Shah v.Lyka Bdr International Limited
The applicant filed an Interim Application in aid of Execution Application seeking the execution of an award dated November 15, 2023. The court granted directions requiring the respondent to disclose all particulars of their assets, including intellectual property rights (patents, copyrights, trademarks), within four weeks.
People Interactive India Private Limited v.Ammanamanchi Lalitha Rani And 3 Ors.
The Plaintiff, owner of the well-known matrimonial platform 'Shaadi.com', filed a suit alleging infringement of its registered trademarks and passing off against the Defendants who used the similar mark and domain name 'getshaadi.com'. The court found in favor of the Plaintiff, decreeing the suit and awarding substantial costs due to the Defendants' non-participation.
Ipca Laboratories Limited v.Anrose Pharma
The suit was filed alleging infringement and passing off concerning the Plaintiff's registered trade mark ZERODOL. The Plaintiff argued that the Defendant's use of 'ZEROVOL-P' was deceptively similar, confusingly misleading, and aimed at capitalizing on the Plaintiff's goodwill in medicinal preparations. Given the Defendant failed to contest the suit despite being served, the Court decreed the suit.
Shilpa Shetty Kundra v.Getoutlive.in & Ors.
Shilpa Shetty Kundra filed an Interim Application alleging that unknown persons used her photographs to generate and circulate obscene, sexually explicit deepfake content created via artificial intelligence. She sought immediate orders to remove all infringing content from online platforms due to the severe damage to her reputation and dignity. The Court passed an interim order directing all defendants to delete the specified URLs and instructing government bodies (MeitY and DoT) to pull down the unlawful content.
Marico Limited v.Essen Products India Limited
The Bombay High Court granted ad-interim relief in favor of Marico Limited against Essen Products India Limited. The court allowed a leave petition to combine claims for passing off with trademark and copyright infringement. Based on prima facie evidence, the court found that the defendant's product was deceptively similar to Marico's well-established brands (Parachute and Nihar) and depicted in pirated artwork. Consequently, an injunction was issued preventing the defendants from using similar marks or trade dress pending the final disposal of the suit.
Sapat International Pvt Ltd v.Niravi Consumer Llp And Ors.
This interim application addressed allegations of contempt against the defendants for allegedly violating a prior court order. The plaintiff claimed that despite undertaking not to use the 'Sapat' mark in advertising packaged tea, the respondents continued to use 'Sapat Tea' on cash receipts and invoices. The court found prima facie evidence suggesting the violation, noting that the use of 'Sapat Tea' on sales documents amounted to advertisement. Consequently, the matter was listed for further consideration to determine compliance with the solemn undertaking.
Indian Express And Commercial Ventures and ... v.Fundamental Hospitality Private Limited and ...
The Bombay High Court dismissed the Plaintiff's interim application seeking to restrain the Defendants from using the mark 'HOM'. The court found that the Plaintiff failed to establish a prima facie case for trademark infringement and passing off. Key factors included the lack of sufficient evidence demonstrating substantial goodwill associated with the acronym 'HOM', the distinct calligraphy used by the Defendant, and the fact that both restaurants cater to discerning customers in premium segments, making confusion unlikely.
Kirti Dal Mills Limited v.Rajesh Lunkad
Kirti Dal Mills Limited challenged an order that stayed its Commercial Suit No. 1 of 2024, citing the pendency of a previous suit. The core dispute involved claims of passing off and copyright infringement related to edible oils under the brand 'CHAMPION'. The High Court found that the trial court misinterpreted the provisions of the Trade Marks Act and the Commercial Courts Act while applying Section 10 CPC. Consequently, the impugned stay order was quashed, allowing the commercial suit to proceed.
R P Scherer Technologies Llc v.The Patent Office of India
The petitioner challenged the rejection of its Indian Patent Application (No. 202127050600) by the Assistant Controller on grounds of lacking inventive step. The core issue was whether the claimed formulation for oral delivery of poorly permeable proteins/peptides was non-obvious over cited prior art. Given the technical nature, the Court appointed a Scientific Advisor to render an opinion.
Ultratech Cement Limited v.Dalmia Cement Bharat Limited
The Bombay High Court addressed the trademark infringement suit filed by Ultratech Cement against Dalmia Cement Bharat. The court formally framed seven key issues, including whether the defendant's use of 'DALMIA ULTRA' infringes upon Ultratech's registered trademarks and whether there is an act of passing off. This judgment sets the stage for detailed evidence presentation, directing the plaintiff to file affidavits within four weeks.
Neon Laboratories Limited v.Vishal Subhash Versus Parekar Syndicate Pharma
The Bombay High Court confirmed the existing ad-interim injunction regarding trademark 'NEON' infringement, finding that the rival mark was identical. Furthermore, the court granted interim relief concerning passing off, noting a strong prima facie case that the products were counterfeit and caused misrepresentation. The court also allowed the petitioner's leave petition to combine the causes of action for trademark infringement and passing off.
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