Plaintiff Favorable
229 plaintiff favorable decisions from Bombay High Court.
Plaintiff Favorable Decisions
229 cases | Page 2 of 8
Motwane Private Limited v.The Registrar of Trade Marks / Union of India
The Bombay High Court ruled in favor of Motwane Private Limited, holding that the petitioner's right to renew its trademarks was not extinguished despite a significant delay. The court emphasized that since the Registrar of Trade Marks failed to issue the mandatory statutory notice under Section 25(3) of the Trade Marks Act, any automatic rejection based on time limits is invalid. This decision reinforces the principle that procedural fairness and due process must be followed by the Registry before removing marks from the register.
Hindustan Unilever Ltd v.Azizur Rahaman And 4 Ors
The Bombay High Court allowed Hindustan Unilever Ltd's petition to combine its claims for passing off with those for trademark and copyright infringement. This strategic move aims to streamline litigation by consolidating multiple causes of action into a single proceeding. Consequently, the court expanded the existing ad-interim injunction, reinforcing the restraint on defendants from manufacturing or trading goods that deceptively resemble HUL's distinctive brands like Lakme and its associated artistic works.
Gold Medal Electricals Pvt Ltd v.Riddhi Siddhi Electricals
Gold Medal Electricals Pvt Ltd filed a Leave Petition before the Bombay High Court to initiate a trademark suit against Riddhi Siddhi Electricals. The petitioner sought leave despite having an office in Mumbai. The court examined the jurisdiction clause and confirmed that Section 134 of the Trademarks Act, 1999, grants this court jurisdiction based on the plaintiff's business location. Consequently, the court held that no special leave was required and made the petition absolute.
Gold Medal Electricals Pvt Ltd v.C.K. Electricals
Gold Medal Electricals Pvt. Ltd. filed a Leave Petition before the Bombay High Court to initiate a trademark infringement suit against C.K. Electricals. The petitioner sought leave despite the defendants operating outside Mumbai, arguing that jurisdiction could be established based on the plaintiff's business presence in Mumbai under Section 134 of the Trademarks Act, 1999. The court examined the jurisdictional provisions and found that no special leave was required.
Gold Medal Electricals Pvt Ltd v.Kamal Electricals And Sanitary
Gold Medal Electricals Pvt. Ltd. filed a Leave Petition before the Bombay High Court to initiate a suit against Kamal Electricals and Sanitary regarding trademark infringement. The petitioner sought leave despite having an office in Mumbai, while the defendants were operating outside the court's jurisdiction in Telangana. The court examined the jurisdictional provisions of the Trademarks Act, 1999.
Atos India Pvt. Ltd v.The State of Maharashtra
Atos India Pvt. Ltd challenged an order from the Maharashtra Sales Tax Tribunal, arguing that its work providing bug fixing and maintenance services on QAD Inc.'s ERP software was a service contract, not a sale of goods or developed software. The core dispute revolved around whether modifying existing proprietary code constituted 'development' leading to a taxable supply under the MVAT Act. The Bombay High Court ultimately ruled in favor of Atos India, holding that the transaction was fundamentally an indivisible contract for services.
Atomberg Technologies Private Limited v.Jogaram Sirvi And Ors.
The Bombay High Court ruled in favor of Atomberg Technologies Private Limited, granting permanent injunctions against the defendants for trademark infringement. Crucially, the court affirmed that the 'ATOMBERG' brand qualifies as a well-known trademark across all classes of goods and services. This landmark decision reinforces the high level of protection afforded to coined and inherently distinctive marks with established national reputation.
Crc Industries Europe Besloten v.Bhalaria Corporation
The Bombay High Court granted the plaintiff permission to de-seal seized 'impugned products' from the premises of certain defendants. The core issue was determining whether these seized goods were counterfeit or legitimately procured through authorized distributors. The court allowed the plaintiff to take two samples for investigation, ensuring the entire process would be conducted transparently in the presence of all parties and videographed.
The Chocolate Spoon Company Private Limited v.Oceanleaf Hospitality Private Limited & Ors.
The Bombay High Court granted leave for a plaintiff to combine claims of passing off with an existing trademark infringement suit. The defendants argued that they lacked territorial jurisdiction as their outlets were located outside Mumbai, but the court prioritized the principle of avoiding multiplicity of litigation. This decision allows the combined action to proceed while keeping the jurisdictional issue open for later determination.
Mitsu Chem Plast Limited v.Abs Mediequip And Anr.
The Bombay High Court granted ad-interim relief in a suit concerning the infringement of design rights and passing off related to hospital beds. Despite previous undertakings by the defendant acknowledging Mitsu Chem Plast Limited's rights and promising cessation of use, the plaintiff alleged continued infringement. The court found sufficient grounds to issue an injunction restraining the defendants from adopting or using designs identical or deceptively similar to the registered design and trade dress pending the final disposal of the suit.
Unilever Global Ip Limited v.Mukesh Kumar Trading As A H Impex
The suit between Unilever Global Ip Limited and Mukesh Kumar Trading As A H Impex was disposed of after the parties reached a settlement. The court accepted the Consent Minutes of Order, which resulted in a decree being passed in favour of the Plaintiffs.
Unilever Global Ip Limited v.Mukesh Kumar Trading As A H Impex
The Commercial Suit filed by Unilever Global Ip Limited against Mukesh Kumar Trading As A H Impex was disposed of after both parties reached a settlement. The court accepted the Consent Minutes of Order, which resulted in the decree being passed in favour of the Plaintiffs.
I Am The Ocean, LLC v.Registrar of Trade Marks
In this Bombay High Court ruling, the petitioner successfully challenged an Examiner's refusal to register their trademark. The court found that the original rejection was not a 'reasoned order' because it failed to consider detailed arguments regarding the mark's distinctiveness and its unique visual structure. Consequently, the high court set aside the refusal and remanded the matter back to the Registrar for reconsideration, ensuring all petitioner submissions are properly addressed.
Henkel Ag And Co. Kgaa v.The Registrar of Trademarks
The Bombay High Court ruled in favor of Henkel Ag And Co. Kgaa, setting aside an earlier refusal by the Registrar of Trademarks to register a subject mark. The court found that the Senior Examiner failed to properly consider crucial material on record, including evidence of opposition and abandonment status of cited marks, as well as a NoC obtained by the petitioner. Consequently, the matter was remanded back for the Respondent to conduct a fresh hearing based on all submitted facts.
Beiersdorf Ag v.Registrar Of Trade Marks
Beiersdorf Ag successfully challenged an administrative order issued by the Registrar of Trade Marks regarding its international registration. The Bombay High Court found that the original order was arbitrary, lacking independent reasons or consideration of the petitioner's submissions. Consequently, the court quashed the impugned order and remanded the matter back to the Registrar, mandating a reasoned decision within eight weeks.
Tri-Parulex Fire Protection System v.Ctr Manufacturing Industries Private Limited
This commercial appeal challenged an interim order that restrained Tri-Parulex (appellant) from infringing the Plaintiff's Patent No. 202302, which relates to a fire protection system for electrical transformers. The Bombay High Court allowed the appeal, finding no prima facie case of infringement and noting that the balance of convenience tilted in favor of the appellant.
Corona Remedies Private Limited v.Franco-Indian Pharmaceuticals Private Limited
The Bombay High Court quashed an interim injunction that prevented Corona Remedies from using its trademark 'STIMULET' in pharmaceutical products. Franco-Indian Pharmaceuticals had alleged trade mark infringement and passing off based on their registered mark 'STIMULIV'. The court found that despite the similarity, Corona was a registered proprietor of its own mark, and crucially, the two marks were used for distinct product types (allopathic vs. ayurvedic) and different medical conditions, thus failing to establish likelihood of confusion or passing off.
John Cockerill India Limited v.Sanjay Kamalakar Navare
John Cockerill India Limited filed a Commercial Arbitration Petition seeking urgent ex-parte relief against its former employee, Sanjay Kamalakar Navare. The Petitioner alleged that Mr. Navare, who had access to highly confidential designs, proprietary technical know-how, and customer data during his tenure, transferred sensitive information onto external storage devices before leaving the company. Based on a forensic analysis of the company laptop, the court recognized the gravity of the breach. Consequently, the Bombay High Court appointed a Receiver with powers under Order XL Rule 1 CPC to seize and examine all digital devices belonging to the Respondent to secure the evidence.
Hindustan Unilever Ltd v.Vim Industries Ltd
Hindustan Unilever Ltd filed an interim application seeking continuation and reinforcement of an exparte ad-interim order. The court found that a case for passing off was made out, specifically concerning the use of marks VIM, SURF, and the Splat device in relation to cleaning products.
Laboratoires Griffon Private Limited v.Pinaki Chunilal Bhattacharya
The Bombay High Court granted an ad-interim injunction in favor of Laboratoires Griffon Private Limited against Pinaki Chunilal Bhattacharya. The suit involved claims of trademark infringement and passing off concerning the pharmaceutical brand 'GLIMET'. The court found that the impugned mark 'DLYMET' was deceptively similar to the plaintiffs' registered mark, especially since both were intended for medicinal preparations. Given the strong prima facie case and the risk of irreparable injury, the court ordered a temporary restraint on the defendant's use of the disputed mark.
Neha Overseas v.Khushi Impex
The Bombay High Court rejected Khushi Impex's application to vacate an ex-parte interim order that had seized their alleged infringing goods. The court found that the defendant admitted infringement by copying the plaintiff's 'CROWN' trademark and packaging, noting that reliance on a rectification application before the Registrar was insufficient grounds for vacating the stay. Consequently, the relief sought for the release of the goods was also denied.
Ageless Clinic Private Limited v.Am Ageless Private Limited
The Bombay High Court granted further interim relief in favor of Ageless Clinic Private Limited against Am Ageless Private Limited. Despite previous orders, the Defendant failed to comply by continuing to use infringing business names on signage, maintaining deceptive domain names (like i-am-ageless-aesthetic-and-dental-centre.business), and active social media accounts. The Court made absolute the Leave Petition for Letters of Patent and issued a strong injunction restraining the defendant from using any mark or handle containing 'AGELESS' that could lead to passing off.
Hindustan Unilever Ltd v.Vedansh Industries
Hindustan Unilever Ltd filed a Commercial IP Suit against Vedansh Industries. The proprietor of the Defendant agreed to submit to a decree in terms of prayer clause (a). Consequently, the Court decreed the suit, ordering the destruction of seized goods by the Defendants.
AMPM Designs Thr. Partner Akash Mehta v.Intellectual Property Appellate Board (Mumbai Bench)
The Bombay High Court allowed a writ petition filed by AMPM Designs, quashing an Intellectual Property Appellate Board (IPAB) order that sought to remove its registered trade mark 'AMPM Designs' from the register. The court found that the IPAB erred in law and fact, specifically by failing to consider binding Supreme Court precedents regarding rectification applications. Crucially, the High Court determined that the petitioner's business (interior design services) was materially distinct from the respondent's primary business (fashion apparels), thus negating any likelihood of consumer confusion.
Brandzstorm India Marketing Pvt Ltd v.LN Agency
The Bombay High Court granted interim relief in favor of Brandzstorm India Marketing Pvt Ltd, the registered proprietor of the 'LUXXUBERANCE' trademark. The court found a prima facie case for infringement, noting that despite the termination of the franchise agreement, the Defendant continued to use the Plaintiff's mark. Consequently, the court appointed a Court Receiver and an Additional Special Receiver in Jamshedpur to seize and inventory all infringing goods and issue a temporary injunction against the Defendant's further misuse of the trademark.
M/S Mysore Deep Perfumery House, Indore v.Sunilkumar A. Jain, Sole Prop. M/S ...
The Bombay High Court granted a temporary injunction favoring M/S Mysore Deep Perfumery House against Sunilkumar A. Jain, despite disputes over additional pleadings and evidence. The court found that the defendant's claim of acquiescence was questionable, particularly because it relied on documents later alleged to be forged by the third party (Astha Sales). This interim relief allows the plaintiff to continue pursuing their trademark rights while the full case proceeds.
M/S Mysore Deep Perfumery House, Indore v.Sunilkumar A. Jain, Sole Prop. M/S ...
The Bombay High Court granted a temporary injunction in favor of M/S Mysore Deep Perfumery House against Sunilkumar A. Jain, despite procedural objections raised by the defendant. The court found that the plaintiff had satisfied the 'trinity test' (prior user, reputation, and likelihood of deception) at the trial level. Crucially, the court noted that the defendant's claim of acquiescence was based on potentially forged documents provided to the trial court, leading the High Court to grant interim relief.
Control Print Limited v.Anmol Chugh Trading As Shavias Enterprises and Ors.
In a mixed IP dispute involving copyright infringement and passing off related to 'The Mask Lab,' the Bombay High Court granted ad-interim relief in favor of Control Print Limited. The court issued injunctions restraining the defendants from using designs substantially similar to the plaintiff's copyrighted artistic work, and from passing off their products as those of 'The Mask Lab.' Additionally, the order directed the removal of malicious reviews posted on the plaintiff's Google page, providing immediate protection pending final disposal of the suit.
Sun Pharma Laboratories Limited v.Salud Care (India) Private Limited
Sun Pharma Laboratories Limited filed an interim application alleging that Salud Care (India) Private Limited was manufacturing and marketing a pharmaceutical preparation under the mark PROLOMEK, which was confusingly similar to Sun Pharma's registered trademark PROLOMET. The court found a prima facie case of infringement and passing off.
Unilever Plc v.Sovereign Chemicals And Cosmetics
The Plaintiff (Unilever Plc) filed suit alleging that the Defendant was illicitly using its trademark, trade dress, and copyrighted artwork on rival products. The court found prima facie evidence of violation, noting that the defendant's claim of an international license did not negate infringement rights in India.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.