Plaintiff Favorable
236 plaintiff favorable decisions from Bombay High Court.
Plaintiff Favorable Decisions
236 cases | Page 6 of 8
Meena Prints Pvt. Ltd. v.Shri Ajanta Fabrics And 9 Others
The petitioner filed an IP suit against the respondents alleging infringement and passing off related to their registered trademarks ('Meena Prints' and 'Cotton Design') and associated copyrights used in textile goods. The court granted permanent injunctions restraining the defendants from using similar marks and ordered them to pay damages.
Magnolia Ltd. v.Softgel Health Care Pvt. Ltd.
The Bombay High Court granted a temporary injunction favoring Magnolia Ltd. against Softgel Health Care Pvt. Ltd. The court ordered that pending the final disposal of the suit, the defendant is restrained from manufacturing, selling, exporting, or using the disputed trademark 'VAGICLIN Plus' in connection with any pharmaceutical product. This interim order significantly protects the plaintiff's brand rights while the main infringement case proceeds.
Hindustan Unilever Ltd. v.Joshi Products
Hindustan Unilever Ltd. filed an IP suit against Joshi Products alleging infringement of its copyrighted artistic label and distinctive trade dress for its detergent powder, WHEEL. The Bombay High Court granted leave to defend the suit and subsequently decreed it in favor of HUL.
Hotel Panchavati Gaurav v.Anviti Foods And 2 Others
Hotel Panchavati Gaurav filed an IP suit against Anviti Foods and others alleging infringement of its registered trademarks and copyright related to the name PANCHAVATI GAURAV. The Bombay High Court granted perpetual injunctions restraining the defendants from using the infringing marks and ordered the defendants to pay Rs. 12,00,000/- towards costs/damages.
Hindustan Unilever Limited v.Suchit Industries
Hindustan Unilever Limited filed a suit against Suchit Industries alleging infringement related to the soap brand 'Karan'. The defendant, Suchit Murkute, admitted manufacturing soaps under the brand but undertook not to use the splat logo in the future. The Court granted leave and decreed the suit based on these undertakings.
Hotel Panchavati Gaurav v.Saikadam Foods And Beverages Pvt. Ltd.
Hotel Panchavati Gaurav filed an IP suit against Saikadam Foods And Beverages Pvt. Ltd. for infringing its registered trademarks and copyrights associated with the name PANCHAVATI GAURAV. The Bombay High Court granted leave, decreed the suit, and passed a perpetual injunction restraining the defendant from using similar marks or labels.
Tapas Kanti Mandal v.Cosmo Films Ltd.
The petitioner, a former employee of Cosmo Films Ltd., challenged an injunction granted by the trial court restraining him from working in competing businesses after his resignation. The plaintiff company relied on a non-compete clause and confidentiality agreements regarding trade secrets and proprietary knowledge. The High Court ruled that post-service negative restrictive covenants are generally not enforceable, favoring the petitioner's right to profession.
Syed Zakirali S/o Syed Jawarali v.Syed Zahidali S/o Syed Jawarali & Ors
The Bombay High Court allowed the appeal filed by Syed Zakirali against the dismissal of his civil suit concerning trademark infringement. The court held that Defendant No. 2 was illegally passing off goods as those of the plaintiff using disputed wrappers and labels ('322 pucca label' and '322 A.K.'). Consequently, the defendant was restrained from using these marks if the plaintiff renews them, and ordered to pay damages or render accounts of profits.
Brihan Karan Sugar Syndicate Private Limited v.Karmaveer Shankarrao Kale Shahakari Sakhar Karkhana Limited
This appeal before the Bombay High Court challenged a trial court order that restrained the appellants from using the artistic label 'Military Santra' for selling country liquor. The appellants argued that the respondent-plaintiff had prior knowledge of the label since 2005 and was therefore acquiescent, invalidating the injunction. Furthermore, they contended that their own usage since 1975 established their copyright in the artwork. The High Court allowed the appeal, setting aside the restrictive order and directing the trial court to expedite the disposal of the main Copyright Suit.
Kleenage Products (India) Pvt.Ltd v.The Registrar Of Trade Marks And Anr
The Bombay High Court ruled in favor of Kleenage Products, directing the Registrar of Trade Marks to restore and renew the trademark 'KLITOLIN'. The core issue was whether the mandatory prior notice (Form O-3) under Section 25(3) of the Trade Marks Act, 1999, had been issued before the mark's removal. Since the respondents could not provide documentary evidence proving the issuance of this critical notice, the Court held that the removal was illegal and allowed the petitioner to renew the trademark.
Ansari Bilal Ahmadlal Mohd. (Appellant) v.Shafeeque Ahmed Mohammad Sayeed (Respondent-Plaintiff)
The Bombay High Court dismissed the defendant's commercial appeal, upholding the original plaintiff's claim of passing off. The court found that a strong prima-facie case existed for passing off, despite differences in calligraphy and design elements. Considering the target audience—laborers with imperfect recollection—the court ruled that the defendant's use of 'SUKOON' was deceptively similar to the plaintiff's established brand, thereby protecting the plaintiff's proprietary rights.
Mandev Tubes Pvt. Ltd v.Kalpesh R. Jain And 2 Ors
The Plaintiff, Mandev Tubes Pvt. Ltd., sought protection for its registered design (No. 224751) concerning copper tubes, alleging that the Defendants infringed this design and engaged in passing off. The Plaintiff claimed the design was novel and original, featuring an expanded bell shape at one end of the tube.
M/S. Selvel Industries v.M/S. Om Plast (India)
The plaintiffs, M/S. Selvel Industries and M/S. Sears Industries, filed a Notice of Motion seeking interim relief in an infringement action against M/S. Om Plast (India). The dispute centered on whether the defendant's plastic container infringed upon the registered designs held by the plaintiffs. The court found that the defendant's product was deceptively similar to and infringed the plaintiffs' design.
Manugraph India Limited v.Simarq Technologies Pvt Ltd & Ors.
This Bombay High Court judgment addressed preliminary issues concerning jurisdiction in two separate suits involving intellectual property rights. The defendants argued that the court lacked jurisdiction because the cause of action arose outside its local limits, citing precedents like Sanjay Dalia. However, the court clarified the jurisdictional regimes under the Trade Marks Act and Copyright Act, emphasizing that while plaintiffs have options to file suit, they cannot abuse these provisions by filing in a remote location lacking both defendants and a cause of action. Consequently, the court held that it possessed jurisdiction over both suits.
Wind World (India) Limited v.Enercon GmbH
Wind World (India) Limited challenged an arbitral tribunal's order that directed them to produce documents and granted interim measures. The dispute arose from various agreements, including the Intellectual Property Licensing Agreement. The Bombay High Court set aside the impugned order, finding it contrary to law.
Jyoti Kapoor v.Kunal Kohli
The Plaintiffs, claiming to be the author and first owner of the copyright in the original screenplay 'R.S.V.P', filed suit alleging infringement of copyright and breach of confidence against the Defendants for producing a film titled 'Phir Se' using their script without consent. The court found that the Plaintiffs had a strong case and granted an ad-interim injunction to prevent the release of 'Phir Se'.
Ultratech Cement Ltd. v.Dalmia Cement Bharat Ltd.
The petitioners, registered proprietors of trade marks containing 'UltraTech' or 'Ultra', sought leave to combine their cause of action for infringement with a cause of action for passing off against the defendant. The defendant challenged the court's jurisdiction under Section 134(2) of the Trade Marks Act, 1999. The Court held that it possessed original jurisdiction and allowed the combination of both causes of action.
Blue Cross Laboratories Ltd. v.RB Remedies Pvt. Ltd. & Anr.
The Bombay High Court ruled in favor of Blue Cross Laboratories, granting an interim injunction against RB Remedies Pvt. Ltd. The court found that the marks 'CEDON' and 'CEFDON' were deceptively similar, establishing a prima facie case for trademark infringement and passing off. Furthermore, the court allowed the plaintiff to combine both causes of action into the suit, dismissing the defendant's attempt to reject the plaint.
Neon Laboratories Ltd. v.Themis Medicare Ltd. and Ciron Drugs & Pharmaceuticals Pvt. Ltd.
The Bombay High Court granted interim relief in favor of Neon Laboratories Ltd. against Themis Medicare Ltd. and Ciron Drugs & Pharmaceuticals Pvt. Ltd., finding a prima facie case of trademark infringement and passing off. The court held that the Defendants' use of the 'XYLOX Family' marks was deceptively similar to the Plaintiff's established 'LOX Family' marks, despite the addition of the prefix 'XY'. Consequently, the Court issued an injunction restraining the Defendants from using the rival marks and ordered the appointment of a Court Receiver over the infringing goods.
Brihan Karan Sugar Syndicate Private Limited v.South Konkan Distilleries
The Plaintiff, holding a registered trademark 'TANGO PUNCH', filed suit alleging that the Defendant was manufacturing and selling country liquor in bottles embossed with the Plaintiff's trade mark. The Plaintiff claimed this constituted infringement and passing off. The Court found that the Defendant's use fell squarely within Section 29(3) of the Act, leading to the grant of injunctions.
Mahindra & Mahindra Limited v.MNM Marketing Pvt. Ltd.
The Bombay High Court granted temporary relief in favor of Mahindra & Mahindra Limited against MNM Marketing Pvt. Ltd., finding that the abbreviation 'M & M' enjoys protection as a registered trademark. The court issued a comprehensive injunction preventing the defendants from using the impugned marks, similar domain names (like www.mandmstores.in), or passing off their goods and services as those of the plaintiffs. Furthermore, Defendant No. 1 was mandated to delete 'MNM' from its corporate name within four weeks.
Whirlpool Of India Ltd v.Videocon Industries Ltd
Whirlpool, a manufacturer of washing machines, sued Videocon Industries for infringing its two valid design registrations (Nos. 223833 and 223835) through the 'Videocon Pebble' brand, alleging that the Defendant's product was visually indistinguishable from theirs. The dispute also involved whether infringement or passing off actions could be maintained against a party who held a registered design.
Teijin Limited v.Union of India Through The Secretary, Department of Industry, Ministry of Industry and Commerce
Teijin Limited filed a writ petition seeking to quash orders that declared its Patent No. 207883 as ceased due to non-payment of renewal fees (annuities). The Petitioner argued that payments for various annuities, including the 3rd to 9th and 10th year, were made but incorrectly recorded by the Patent Office. The Court found in favor of the Petitioner, directing the restoration of the patent.
Sopariwala Exports & Anr v.Kuber Khaini Private Limited
The plaintiffs, manufacturers of tobacco under the trademark 'AFZAL', filed a suit alleging that the defendants infringed their registered trademarks and copyrights by using a deceptively similar label. The court found that the defendant's label was a deceptive imitation of the plaintiff's established mark and granted interim injunctions.
M/s.Whirpool Of India Ltd. v.M/s.Videocon Industries Ltd.
The plaintiff, a manufacturer of consumer products including washing machines, sought an interim injunction against the defendant for infringing two registered designs (Nos. 223833 and 223835) and for passing off its product. The court found that the defendant's product was a deceptive imitation based on the 'judged solely by eye' test, making a prima facie case for infringement.
Ctr Manufacturing Industries Limited v.Sergi Transformer Explosion Prevention Technologies Limited
The appeal challenged orders passed by the District Court regarding a patent infringement suit concerning fire systems. The plaintiff claimed its method patent was superior to Defendant No. 1's mechanical device and alleged infringement of its patent by 'SERGI 3000'.
Ctr Manufacturing Industries Limited v.Sergi Transformer Explosion Prevention Technologies Limited
The plaintiff (CTR Manufacturing Industries Limited) filed a patent infringement suit against Defendant No. 1 (Sergi Transformer Explosion Prevention Technologies Limited) concerning fire systems patents. The appeals challenged interim orders passed by the District Court, particularly regarding injunctions and sales restrictions. The Bombay High Court quashed these impugned orders, holding them to be ad-interim and subsisting, allowing the original suit to proceed.
Asian Rubber Industries v.Jasco Rubbers, Manpasand Footwear (Original Plaintiff)
Asian Rubber Industries challenged an interim injunction granted against them for passing off, while Jasco Rubbers sought to overturn a refusal to grant an injunction based on design infringement. The court found that the defendants' footwear was identical/deceptive to the plaintiff's registered designs and allowed the appeal challenging the ad-interim injunction.
Alaknanda Cement Private Limited & Raghav Cement v.Ultratech Cement Limited
The Bombay High Court dismissed the appeal filed by Alaknanda Cement and Raghav Cement, upholding the single judge's order granting a temporary injunction to Ultratech Cement Limited. The court found that the defendant's mark, 'ULTRATUFF CEMENT,' was deceptively similar to the plaintiff's registered trademark, 'ULTRATECH CEMENT.' Furthermore, the defendants were deemed not to have approached the court with clean hands due to presenting prima facie fabricated invoices.
Music Broadcast Private Limited v.Indian Performing Right Society Limited
Music Broadcast Private Limited challenged the right of Indian Performing Right Society Limited (IPRS) to demand royalties for broadcasts made by the plaintiff at its FM radio stations. The plaintiff argued that it was legally bound only to pay PPL and acted under a mistaken belief of law when paying IPRS. The court ultimately ruled in favor of the plaintiff on the question of law.
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.