Plaintiff Favorable
231 plaintiff favorable decisions from Bombay High Court.
Plaintiff Favorable Decisions
231 cases | Page 1 of 8
Jyothy Labs Ltd. v.Dabur India Ltd.
Jyothy Labs Ltd. filed a commercial IP suit against Dabur India Ltd. for infringement and passing off of its registered trademarks containing the word 'NEEM' as the leading and essential feature, used in relation to toothpaste and dentifrices. The Plaintiff sought interim relief restraining the Defendant from using an impugned label mark that prominently featured 'NEEM'. The Bombay High Court allowed the Interim Application, holding that the Plaintiff had established a prima facie case of both infringement and passing off, and that the balance of convenience lay in its favour.
Bisleri International Private Limited v.Belaguli Mahalingegowda Kirankumar, proprietor of Kalabyraveshwara Mineral Water Industry
Bisleri International Private Limited filed a commercial IP suit against Belaguli Mahalingegowda Kirankumar, proprietor of Kalabyraveshwara Mineral Water Industry, alleging that the Defendant was manufacturing and selling packaged drinking water under the deceptively similar mark 'Bislie'. The Plaintiff contended that the Defendant had merely deleted the letter 'r' and interchanged the positions of 'e' and 'i' from the Plaintiff's registered trademark 'Bisleri', along with copying the artistic work, colour scheme, and trade dress. Despite service, the Defendant failed to appear, and the Court allowed the Interim Application and Leave Petition, granting ad-interim relief including injunction and appointment of a Court Receiver.
Bisleri International Private Limited v.Belaguli Mahalingegowda Kirankumar (proprietor of Kalabyraveshwara Mineral Water Industry)
Bisleri International Private Limited sued Belaguli Mahalingegowda Kirankumar, proprietor of Kalabyraveshwara Mineral Water Industry, for trademark infringement and copyright piracy arising from the defendant's use of the mark 'Bislie' on packaged drinking water. The Bombay High Court found a strong prima facie case that 'Bislie' was deceptively similar to the plaintiff's registered trademark 'Bisleri,' with the defendant having merely deleted the letter 'r' and rearranged 'e' and 'i.' The court granted ad-interim relief including injunctive relief and appointment of a Court Receiver to search and seize infringing goods.
Ultratech Cement Ltd And Anr v.Shaktishali Cement Pvt Ltd
This is an interim order in a commercial IP suit filed by Ultratech Cement Ltd and another against Shaktishali Cement Pvt Ltd for trademark infringement. The plaintiff's witness was examined, affidavit of evidence was recorded, and documentary evidence was marked as exhibits. Given that the suit was undefended, the Court Receiver was directed to destroy the seized goods, and the matter was adjourned for final hearing.
Bagzone Lifestyles Private Limited v.Shweta Agrawal
Bagzone Lifestyles Pvt. Ltd., the proprietor of the registered trademark 'LAVIE' and its formative marks including 'LAVIE LUXE' and 'LAVIE SPORT', filed a commercial IP suit against Shweta Agrawal for trademark infringement. Despite being served, the Defendant failed to appear or file any reply, leading the Court to treat the Plaintiff's contentions as uncontroverted. The Bombay High Court allowed the Leave Petition and granted ad-interim relief, including the appointment of a Court Receiver and an Additional Special Receiver to seize and seal infringing goods at the Defendant's premises in Agra, Uttar Pradesh.
Bagzone Lifestyles Private Limited v.Shweta Agrawal
Bagzone Lifestyles Pvt. Ltd., the proprietor of the registered trademark 'LAVIE' and its formative marks including 'LAVIE LUXE' and 'LAVIE SPORT', filed a commercial IP suit against Shweta Agrawal for trademark infringement. Despite being served, the Defendant failed to appear before the Bombay High Court. The Court allowed the Leave Petition and granted ad-interim relief, appointing a Court Receiver and an Additional Special Receiver to search, seize, and seal infringing goods bearing the impugned trademark at the Defendant's premises in Agra, Uttar Pradesh.
John Cockerill Hamon SA v.Hamon Cooling Systems Private Limited
The plaintiff, John Cockerill Hamon SA, filed a suit for infringement and passing off of its registered 'HAMON' trademarks against Hamon Cooling Systems Private Limited, which was using 'HAMON COOLING' and 'HCS HAMON COOLING' as marks and as part of its corporate name. The plaintiff sought interim injunction restraining the defendants from using the HAMON mark. The Bombay High Court allowed the interim application, holding that the plaintiff had established a prima facie case, that the defendants were derivative users whose authority to use the marks had expired, and that the balance of convenience overwhelmingly favored the plaintiff.
Integrace Private Limited v.Mas Pharmachem And Anr.
Integrace Private Limited sued Mas Pharmachem for trademark infringement and passing off, alleging that the defendant's mark 'BON K2 FORTE' was deceptively similar to the plaintiff's registered mark 'BON-K2', both used for medicinal and pharmaceutical preparations. The defendants failed to appear or file a written statement, and the suit proceeded as an undefended suit. The Bombay High Court found the defendants had adopted the impugned mark in a dishonest and mala fide manner to ride upon the plaintiff's goodwill, and decreed the suit in favor of the plaintiff with injunctive relief and costs, though damages were denied for lack of evidence.
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.
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.
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.
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.
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