Plaintiff Favorable
236 plaintiff favorable decisions from Bombay High Court.
Plaintiff Favorable Decisions
236 cases | Page 1 of 8
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).
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.
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.
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.
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.
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.
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.
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.
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.
Anheuser Busch Inbev India Ltd. v.Jagpin Breweries Limited
The Bombay High Court ruled in favor of Anheuser Busch Inbev India Ltd., granting a permanent injunction against Jagpin Breweries Limited for infringing registered trademarks 'HAYWARDS 5000' and 'FIVE THOUSAND'. The court found that the Defendant's use of the mark 'COX 5001' constituted both trademark infringement and passing off in relation to beer. Furthermore, due to the Defendant's persistent non-appearance during the proceedings, the Plaintiff was awarded costs amounting to Rs. 10 lakhs.
Bisleri International Private Limited v.Yogesh Chaurasia
The Bombay High Court granted an interim injunction in favor of Bisleri International Private Limited against Yogesh Chaurasia. The court found prima facie evidence that the defendant was passing off their packaged drinking water as being associated with the plaintiff. Specifically, the judge noted that the defendant's mark 'BRISLEI,' labels (OXY FINE and BILIFE), bottle design/shape, and even the green cap were substantially similar to Bisleri's distinctive trade dress. This ruling provides immediate protection to Bisleri while the main suit proceeds.
Le Shark Apparel Limited v.Anil Shah And 2 Ors
The Bombay High Court granted rectification to remove a registered trademark (No. 466002) belonging to the Respondents, which was identical to the Petitioner's established global mark 'LE SHARK'. The court found that the Respondents had fraudulently adopted the mark and lacked evidence of genuine use, thereby allowing the Petitioner to proceed with its brand in India. This decision reinforces the principle that a trademark register must maintain purity against deceptive or fraudulent registrations.
Asian Paints Limited v.Galaxy Paints Private Limited
The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.
Asian Paints Limited v.Galaxy Paints Private Limited
The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.
Asian Paints Limited v.Galaxy Paints Private Limited
The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.
Pidilite Industries Ltd. v.Vilas Nemichand Jain
The Bombay High Court allowed Pidilite Industries Ltd. to amend its original suit, which was initially filed for passing off. The plaintiffs sought to introduce claims for trademark infringement after successfully registering their mark during the pendency of the trial. The court ruled that the proviso to Order VI Rule 17 of the CPC would not apply in this case, noting that allowing the amendment would prevent multiplicity of proceedings. This decision allows the suit to evolve and incorporate stronger IP protections.
Murari Lal Harish Chandra Jaiswal Pvt. Ltd. v.Haresh Patel Trading As Hans Zarda And Registrar of Trademarks Trade Marks Registry, Mumbai
The Bombay High Court ruled in favor of Murari Lal Harish Chandra Jaiswal Pvt. Ltd., ordering the cancellation and removal of the trademark 'HANS ZARDA' (No. 2660422). The court found that 'HANS ZARDA' was visually, structurally, and phonetically deceptively similar to the Petitioner’s established mark, 'HANS CHAAP'. Furthermore, the court noted a lack of credible evidence regarding the Respondent's continuous use of 'HANS ZARDA', leading it to conclude that the mark should be expunged from the register to prevent consumer confusion.
Energy Beverages Pvt Ltd v.Ekadanta Packaged Drinking Water and Others
The petitioner filed a Leave Petition seeking to combine causes of action related to passing off and trademark infringement against the respondents. The plaintiff claimed ownership of the mark 'CLEAR' and proprietary rights over its artistic label and bottle shape, arguing that the defendant's use of 'CLEAR GOLD' amounted to infringement and passing off.
Mohun Nicholas D'Souza v.The Controller of Patents of Designs
The petitioner challenged the refusal of his patent application, titled "TAMPER EVIDENT TWIST SEAL WITH BREAKAWAY ANCHOR MECHANISM," which was rejected on grounds of lack of inventive steps/obviousness under Section 25(1)(e) of the Patents Act. The High Court found that the Controller failed to conduct a proper analysis regarding obviousness, specifically failing to consider the differences between the claimed invention and prior art as pointed out by the applicant.
UltraTech Cement Limited v.Jai Shree Krishna Cement & Anr.
The Bombay High Court allowed an interim application filed by UltraTech Cement, finding that the defendants were willfully disobeying a prior court order restraining them from using deceptively similar trademarks. To enforce compliance and stop the continuing wrong, the Court ordered the attachment of the bank accounts belonging to two defendant partners for a period of six months. This action underscores the judiciary's willingness to use stringent measures under Order XXXIX, Rule 2A CPC to protect registered well-known trademarks against persistent infringement.
Anheuser Busch Inbev India Ltd. v.Jagpin Breweries Limited
The Bombay High Court ruled in favor of Anheuser Busch Inbev India Ltd., granting a permanent injunction against Jagpin Breweries Limited for infringing registered trademarks 'HAYWARDS 5000' and 'FIVE THOUSAND'. The court found that the Defendant's use of the mark 'COX 5001' constituted both trademark infringement and passing off in relation to beer. Furthermore, due to the Defendant's persistent non-appearance during the proceedings, the Plaintiff was awarded costs amounting to Rs. 10 lakhs.
National Stock Exchange of India Ltd. v.Meta Platforms, Inc. & Ors.
The Bombay High Court issued an interim order in favor of the National Stock Exchange of India (NSE) against Meta Platforms Inc. and other social media intermediaries. The court addressed urgent concerns regarding sophisticated AI-generated 'deepfake' videos impersonating the NSE's MD & CEO, which were used to promote fraudulent stock picking schemes. The order mandates that the platforms immediately remove these unauthorized deepfakes and infringing content, while also compelling them to disclose details of the unknown perpetrators involved in the misuse of the NSE trademark.
Fincraft Media And Entertainment Pvt. Ltd. v.Mahesh Vaman Manjrekar & Ors.
Fincraft Media and Entertainment Pvt. Ltd. filed a Leave Petition seeking permission from the Bombay High Court to file a suit concerning copyright infringement related to the film 'Natyasamrat-Asa Nat hone Nahin.' The petitioner argued that while most transactions occurred in Mumbai, some agreements were executed in Hyderabad, potentially challenging the court's territorial jurisdiction.
Upl Limited v.Assistant Controller of Patents and Designs
Upl Limited challenged an order dated February 8, 2023, issued by the Assistant Controller of Patents and Designs, arguing that the order was cryptic and failed to consider all filed documents (D3 and D4) when rejecting amended claims under Section 2(1)(j)(a) of the Patents Act. The High Court agreed with the petitioner's submissions.
Jaco Dr. Jaeniche Gmbh And Co. Kg. v.Saneet Gmbh and Anr.
The Bombay High Court allowed a petition filed by Jaco Dr. Jaeniche Gmbh And Co. Kg., leading to the removal of an identical trademark registration held by Saneet Gmbh and Anr. The court found that the Petitioner was the prior user and proprietor of the mark 'JACO,' which possessed extensive international reputation and goodwill spilling over into India. Given the Respondent's failure to contest the matter despite multiple opportunities, the Court ruled that the impugned registration was fraudulent and contrary to honest trade practices, thereby protecting the Petitioner's rights.
Seiwa Kasei Co. Ltd. v.Registrar Of Trade Marks
The Bombay High Court set aside the provisional refusal orders issued by the Registrar of Trade Marks against Seiwa Kasei Co. Ltd.'s trademark application 'PHYTOCUTICLE'. The court found that the original orders were cryptic, lacked reasoning, and failed to consider the petitioner's arguments regarding the mark's distinctiveness. Furthermore, the court ruled that mere uploading of decisions on the website does not constitute proper communication under the Trademarks Rules, 2017, thus validating the timely filing of the petition. The matter has been remanded for fresh consideration by a new officer.
Powerhouse Licensing LLC. v.Anand Rai
Powerhouse Licensing LLC successfully secured an interim injunction in the Bombay High Court against Respondent No. 1 regarding a conflicting trademark registration for 'POWERHOUSE GYM'. The court found that the Petitioner holds prior, famous, and well-known rights to the mark, making the impugned registration prima facie liable to be cancelled or rectified. This initial victory allows the Petitioners to prevent any misuse of their brand while the full legal proceedings continue.
Powerhouse Licensing LLC. v.Anand Rai
Powerhouse Licensing LLC successfully secured an interim injunction in the Bombay High Court against Respondent No. 1 regarding a conflicting trademark registration for 'POWERHOUSE GYM'. The court found that the Petitioner holds prior, famous, and well-known rights to the mark, making the impugned registration prima facie liable to be cancelled or rectified. This initial victory allows the Petitioners to prevent any misuse of their brand while the full legal proceedings continue.
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