Plaintiff Favorable
236 plaintiff favorable decisions from Bombay High Court.
Plaintiff Favorable Decisions
236 cases | Page 8 of 8
American Home Products Corporation v.Lupin Laboratories Ltd.
The plaintiff filed an infringement action alleging that the defendant was using the deceptively similar trade mark "TOROLAC" for analgesic tablets, infringing upon the plaintiff's registered trade mark "ROLAC". The court found that the marks were deceptively similar and satisfied that the plaintiffs had made out a prima facie case of infringement.
Kirloskar Proprietary Ltd. v.Kirloskar Diesel Recon Pvt. Ltd.
This appeal before the Bombay High Court addressed applications for interim injunctions filed by members of the Kirloskar Group against other entities. The core dispute revolved around the unauthorized use of the word 'Kirloskar' in corporate names and trading styles. The court upheld the lower court's order, finding that the appellants were likely to deceive or confuse the public by adopting the name without proper affiliation with the established group.
Kirloskar Proprietary Ltd. v.Kirloskar Diesel Recon Pvt. Ltd.
The dispute involved multiple civil suits filed by Kirloskar Proprietary Ltd. (respondent/plaintiff) against various companies (appellants/defendants). The core issue was whether the appellants, despite not belonging to the 'Kirloskar Group of Companies', could use the word 'Kirloskar' in their corporate names and trading styles without infringing on the goodwill and reputation established by Kirloskar Proprietary Ltd. The Bombay High Court upheld the interim injunction, finding a likelihood of deception or confusion.
Astra-Idl Limited v.Ttk Pharma Limited
Astra-Idl Limited filed a suit against Ttk Pharma Limited alleging infringement and passing off of its registered trade mark 'Betaloc' (used for pharmaceutical preparations) by the defendant using the similar trade mark 'Betalong'. The court found that the plaintiff had made out a strong prima facie case for interlocutory relief, despite arguments regarding delay.
Stup Consultants Ltd. v.Central Board Of Direct Taxes And Others
Stup Consultants Ltd. challenged the Central Board of Direct Taxes' refusal to approve agreements under Section 80-O of the Income-tax Act, 1961. The Board had rejected these applications by citing Section 80HHB(5), arguing that the agreements involved supply of designs for construction projects. The Bombay High Court ruled that the CBDT must examine the application strictly based on the criteria of Section 80-O (i.e., income from patent/design use outside India in convertible foreign exchange) and should not automatically disqualify it under Section 80HHB, thereby vitiating the Board's previous orders.
Colgate-Palmolive And Others v.Dr. K.V. Swaminathan And Another
Colgate-Palmolive challenged the Central Government's order rejecting its application to be registered as a Registered User for its trademarks in India. The government refused registration citing concerns over foreign brand names affecting indigenous industry development, particularly in the small scale sector manufacturing brushes. The High Court set aside this rejection order and directed the government to re-examine the applications.
Girnar Tea v.Brook Bond (India) Ltd.
Girnar Tea filed a suit for passing off against Brook Bond (India) Ltd. alleging that the latter was using the deceptively similar mark 'GULNAR' on tea cartons, thereby confusing consumers. The court found that both marks were phonetically and visually similar, and despite initial arguments regarding retail outlets, ruled in favor of Girnar Tea, granting an injunction.
Asim Gadighar v.Abdul Aziz S/O Lal Mohd Khureshi
The plaintiff filed a suit seeking declaration that the defendant could not use or copy the trade name and copyright of 'Azeem Gadi Ghar', along with permanent injunctions. The defendant challenged the jurisdiction of the District Court, arguing that passing off actions belonged exclusively to the Civil Judge (Junior Division).
The Singer Company And Anr. v.Union Of India (Uoi) And Ors.
The petitioners, owners of trade marks featuring "Singer", challenged letters issued by the Central Government that refused their applications to extend the period of use under Section 49(3) of the Trade Marks Act. The court held that since the refusal letters did not state specific reasons or consider the petitioners' contentions, they were not 'speaking orders'.
Press Metal Corporation Limited v.Noshir Sorabji Pochkhanawalla And Anr.
The petitioners appealed against an order by the Assistant Controller of Patents and Designs that dismissed their opposition to a patent grant. The core dispute centered on whether the muffler silencer improvement was novel, non-obvious, and adequately described in the application. The High Court found the Controller's approach erroneous, sustaining all grounds of opposition.
Central Camera Co. Private Ltd. v.Registrar Of Trade Marks
Central Camera Co. Private Ltd. appealed against the Registrar's refusal to register the trademark 'Solar' for photographic apparatus. The Registrar refused registration on two grounds: that 'Solar' was descriptive (Section 9(1)(d)) and that it conflicted with existing marks (Section 12(1)).
Farbewerke Hoechst v.Unichem Laboratories And Ors.
Farbewerke Hoechst sued Unichem Laboratories for infringing Patent No. 58716, which covered the manufacture of sulphonyl-ureas like Tolbutamide (marketed as Rastinon). The defendants claimed non-infringement and challenged the validity of the patent. The court found that the plaintiffs' patent was valid and granted an injunction against the defendants.
Nekumar K. Porwal v.Mohanlal Hargovindas
The appeal challenged the Deputy Registrar's order rectifying a registered trademark (No. 131148) by deleting 'Bull' from 'Bull Dog'. The respondents argued the mark was deceptive, while the petitioner contended that the mark had been in use since 1910 and the respondents were estopped from challenging it after withdrawing their opposition. The High Court set aside the rectification order.
Consolidated Foods Corporation v.Brandon And Company Private Ltd.
Consolidated Foods Corporation appealed against the Joint Registrar of Trade Marks' decision that allowed Brandon And Company Private Ltd. to register the trademark 'Monarch'. The petitioner argued that it was the prior and exclusive proprietor of the mark globally and in India. The court found that the respondent company had copied the petitioner's mark, leading to the dismissal of the registration applications.
Abdul Sattar Mohmed Hussein v.Badrinarayan Bansilal And Ors.
This 1961 Bombay High Court judgment addressed allegations of trademark counterfeiting involving bidis. The court found that the accused parties were deliberately using labels and 'tiklis' (seals) similar to those registered by the complainant, Munshibai Bidi Works. Despite initial acquittal at the Magistrate level due to issues of limitation and lack of direct consumer deception evidence, the High Court overturned this finding. The judgment established that the use was systematic and deliberate, resulting in significant fines for the accused parties.
J.L. Mehta And Anr. v.Registrar Of Trade Marks
The Bombay High Court ruled in favor of the petitioners, J.L. Mehta And Anr., overturning the Registrar of Trade Marks' decision to expunge the trademark 'Sulekha'. The court held that despite dictionary definitions suggesting a meaning related to 'writing,' the word was primarily and popularly known as a female personal name. Since it did not directly describe the quality or nature of the fountain pens, the registration was upheld.
The Kohinoor Mills Co. Ltd. v.Vijay Bharat Thread Mills (India)
The petitioner, proprietor of the 'Sadhu' trade mark for yarn and thread, filed a petition seeking cancellation of the respondents' 'Sanyasi' design registration (No. D 82466). The core issues were the court's jurisdiction and whether the design was new or original. The Court ultimately cancelled the design registration.
J.C. Eno Limited v.Vishnu Chemical Co.
J.C. Eno Limited filed a passing off action against Vishnu Chemical Co., alleging that the defendants were selling saline under the name "Falaxar," which was a colorable imitation of the plaintiffs' well-known marks, "Eno" and "Fruit Salt." The court found that the plaintiffs had established a wide reputation for their product in India. Consequently, the court granted an injunction against the defendant while awarding profits to the plaintiff.
The Calico Printers Association v.Ahmed Abdul Karim Bros., Limited
The Calico Printers Association sued Ahmed Abdul Karim Bros., Limited for infringing their two registered textile designs through the import and sale of imitation printed goods. Although the defendants admitted to innocent infringement, they offered a settlement including payment of profits (Rs. 199). The court ultimately granted an injunction in favor of the plaintiffs and awarded damages equal to the admitted profits.
The Calico Printers Association v.Mitsubishi Shoji Kaisha Limited
The Calico Printers Association sued Mitsubishi Shoji Kaisha Limited for infringing a registered textile design. The core legal issue was whether the defendants were joint tortfeasors with an intermediary, Mustak & Co., and whether the acts constituting infringement occurred within British India. The court ultimately allowed the appeal and granted an injunction.
Gillette Industries Limited v.Yeshwant Brothers
Gillette Industries Limited sued Yeshwant Brothers for infringing a patent related to safety razor blades. The plaintiffs alleged that the defendants were importing and selling razor blades bearing names like 'Navy Blade' which infringed their patented design. The court found the patent valid, established infringement, and granted an injunction along with nominal damages.
The Calico Printers Association v.Savani And Co.
The Calico Printers Association sued Savani And Co. for infringing their registered textile design used on saries. The plaintiffs alleged that the defendants imported Japanese prints whose borders were identical to or an obvious imitation of the plaintiff's protected design. The court found in favor of the plaintiffs, granting a decree for infringement.
Calico Printers Association Ltd. v.Savani And Co.
The plaintiffs, registered proprietors of a textile design for printing saries, sued the defendants for importing and selling Japanese prints whose borders were identical to their registered design. The court found that the plaintiffs' design was new and original, establishing their exclusive rights in British India.
Lallubhai Chakubhai Jarivala v.Shamaldas Sankalchand Shah
The case involved an appeal regarding a patent application for a process to whiten almond shells. The court examined whether the combination of bleaching powder and sulphur dioxide under pressure constituted an invention, and if the plaintiff was the true inventor. The court ultimately found in favor of the plaintiff.
Lallubhai Chakubhai Jarivala v.Shamaldas Sankalchand Shah
The appeal concerned a patent action regarding a novel chemical process for whitening almonds. The High Court examined whether the process constituted an invention, if the plaintiff was the original inventor, and addressed prior use defenses raised by the defendant's associates. The court ultimately allowed the appeal in favor of the plaintiff.
A.J. Von Wulfing v.D.H. Jivandas And Co.
The plaintiffs alleged that they had established a high reputation for chemical compounds sold under the names 'Sanatogen' and 'Formamint' in India. They sued the defendants, who were importing and selling similar goods at lower rates, alleging deception through the use of the marks and resemblance in packaging. The court found that the plaintiffs were entitled to their trade mark rights and ruled that the defendants' sale constituted infringement/passing off.
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.