Mixed
716 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
716 cases | Page 1 of 24
Alka Industrial Corporation v.Satyapaul And Co & Anr.
This Letters Patent Appeal arose from a trademark rectification/variation order in C.O. (COMM.IPD-TM) 651/2022, where the Single Judge had directed variation of the registered mark 'AiC ARUN' (Reg. No. 1524226 in Class 7) under Section 57 of the Trade Marks Act by deleting the word 'ARUN'. The Division Bench did not disturb the substantive direction but permitted the appellant to dispose of its existing stock of AIC Arun branded goods and packing material valued at approximately Rs. 8.50 lakhs within six months. The order balances the rights of the registered proprietor with the practical need to exhaust pre-existing inventory following a trademark variation order.
Surface Logix Llc & Ors. v.Lucius Pharmaceutical Lucius Pharmaceutical(Lao) Co. Ltd & Ors.
Surface Logix LLC and its associates filed a suit seeking permanent injunction and damages against Lucius Pharmaceutical for alleged infringement of Indian Patent No. 291914, titled 'PHARMACOKINETICALLY IMPROVED COMPOUNDS'. The court addressed various procedural applications, including granting exemption from pre-litigation mediation due to the urgency of interim relief. Crucially, the court granted an ad-interim injunction restraining the defendants from infringing the patent and directed Defendant No. 2 (an online platform) to delist all advertisements related to the generic product 'BELUMOSUDIL' or brand name 'LuciBelu'.
Mandeep Singh v.Shabir Momin & Anr.
The Delhi High Court addressed several applications related to the rectification and cancellation of trademarks associated with 'Instant Bollywood.' While the court found that the petitioner had suppressed material documents indicating prior knowledge of the trademark registrations, it chose not to dismiss the interim injunction application. Instead, the court entertained the injunction but imposed a significant cost of Rs. 5 lakhs on the petitioner for the non-disclosure.
Nandamuri Taraka Rama Rao v.Ashok Kumar / John Doe And Ors
The Delhi High Court registered a commercial suit filed by actor Nandamuri Taraka Rama Rao seeking protection against the misappropriation of his personality and publicity rights. The court granted several procedural reliefs, including exempting the plaintiff from mandatory pre-litigation mediation and statutory notices for certain defendants. Furthermore, the court issued summons to specific online retailers found to be unauthorizedly selling merchandise bearing the plaintiff's likeness, allowing the suit to proceed toward an injunction against infringement.
Christian Louboutin Sas & Anr. v.Krishna Alias Tinku & Anr.
In a significant ruling concerning trademark infringement, the Delhi High Court granted several procedural exemptions to Christian Louboutin Sas & Anr. while simultaneously granting urgent interim relief. The court exempted the plaintiffs from mandatory pre-institution mediation due to the urgency of the matter. Crucially, the court appointed a Local Commissioner and directed an inspection of the defendants' premises to investigate alleged infringement, setting the stage for further litigation.
M/S Vibhava Marketing Corporation v.Goramal Hari Ram Limited
The Delhi High Court modified a previous order that had dismissed the petitioner's applications for filing additional documents. After arguments, both parties reached a consent agreement allowing M/S Vibhava Marketing Corporation to amend its Written Statement to include details of two preceding trademark registrations ('MONKEY 555 WONDER WASH' and 'MONKEY 555 THUNDER WASH'). This amendment allows the petitioner to argue that their prior rights should dismiss the plaintiff's infringement claim, subject to payment of costs.
Banayan Tree Services Ltd & Anr. v.John Doe & Anr. (including WhatsApp LLC)
The Delhi High Court addressed several interlocutory applications in a suit concerning trademark infringement and impersonation. The court granted the plaintiffs leave to file additional evidence, exempted them from mandatory pre-litigation mediation due to the urgent nature of the relief sought, and directed WhatsApp (Defendant No. 2) to provide Basic Subscriber Information (BSI) for implicated mobile numbers. Furthermore, the court acknowledged the cyber fraud aspect of the case, directing steps be taken by the Cyber Police Station regarding the filed Crime Incident Report.
Baldev Raj v.Brothers Tobacco & Ors.
The Delhi High Court granted Baldev Raj limited permission to introduce registered trademark certificates into the ongoing passing off suit against Brothers Tobacco. This relief was contingent upon a strict clarification: the Petitioner could not use these documents to convert the cause of action from passing off to infringement. The court emphasized that since the Petitioner possessed these registration details prior to framing issues, they must adhere strictly to the original claim of passing off.
Max India Investment Services Private Limited v.Union Of India & Ors.
The Delhi High Court stayed an order from the Ministry of Corporate Affairs that had directed petitioner, Max India Investment Services Private Limited, to change its name. The dispute arose because a respondent company claimed the petitioner's name was too similar to their registered trademarks ('MAX' and 'Max India Limited'). The court found that since the petitioner has been using the name incorporating 'Max India' since 2007, it established a prima facie case for interim relief. Furthermore, the parties were referred to mediation to explore an amicable resolution.
Rajput Jewellers Pvt Ltd v.Union Of India
The Delhi High Court addressed a petition filed by Rajput Jewellers Pvt Ltd challenging an ongoing complaint lodged against it by a third party regarding trademark ownership. The petitioner sought interim relief to prevent adverse orders from the Regional Director, Northern Division. While dismissing the apprehension of arbitrary action, the court issued a crucial direction, mandating that the Regional Director must dispose of the Section 16(1)(b) complaint after thoroughly considering all submissions and granting a proper hearing to all concerned parties.
Salman Khan v.Ashok Kumar/John Doe & Ors.
The Delhi High Court registered the suit filed by actor Salman Khan against various defendants for alleged misappropriation of personality rights, trademark infringement, copyright violation, and passing off. The court granted several procedural reliefs to the Plaintiff, including exemption from mandatory pre-institution mediation due to the urgent nature of the matter. Furthermore, the court issued directions for service on identified infringing parties and set a timeline for filing written statements and replication, while also considering an application for ad-interim injunction.
Krbl Limited v.Vikram Roller Flour Mills Limited
The Delhi High Court addressed an appeal challenging the denial of interim injunction regarding the trademark 'INDIA GATE'. The court analyzed a prior consent order between the parties, which restricted usage based on product type and packaging size. While acknowledging the Appellant's claim as a well-known mark, the court ruled that if the Respondent's right to use 'dalia' flows from its existing rights for wheat products (atta, suji, etc.), it must adhere to the B2B/bulk sales restriction of 20 kgs and above. This interim order maintains the status quo while the core dispute over prior user rights remains sub-judice.
Parveen Kumar Gulati Trading As Apexseals v.Registrar Of Trademarks
The Delhi High Court addressed a Writ Petition filed by Apexseals challenging the removal of its trademark application (No. 746049) without issuing the mandatory statutory notice under Section 25(3) of the Trade Marks Act, 1999. The petitioner argued that this procedural lapse violated established rules. Following arguments from both sides, the Court issued a notice to the Registrar of Trademarks and granted time for filing a Counter Affidavit, indicating the matter will proceed through formal litigation.
S Birpal Singh v.Pawandeep Singh Walia Trading As Pawandeep Singh and Company & Ors.
The Delhi High Court addressed a preliminary objection raised by the respondent regarding the procedural form of a petition seeking cancellation of four registered trademarks (AKALI PATRIKA). The respondent argued that Section 57 of the Trade Marks Act requires separate petitions for each mark. The petitioner countered, offering to deposit additional court fees or file multiple petitions. The Court found the petitioner's suggestions reasonable and directed the respondent to take instructions before listing the matter again.
Dabur India Limited v.Wellford Pharmaceutical Private Limited & Anr.
The Delhi High Court granted a stay on the registration of 'WELLFORD PUDIN HARA' (Registration No. 5509160) in favor of Dabur India Limited, who challenged the mark's validity. Dabur successfully established a prima facie case based on its long-standing use and reputation of the core mark 'PUDIN HARA' since 1930. The court found that the Impugned Mark completely subsumes the Petitioner's mark, creating an irrefutable likelihood of confusion and deception in the market.
Pidilite Industries Limited v.Rameshwar Prasad & Ors.
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Pidilite Industries Limited. The court condoned delays in filing replications for certain defendants. Crucially, while some parties proceeded toward trial, other defendants (18, 19, 20, and 21) were referred to the Delhi High Court Mediation Centre, reflecting a judicial push towards alternative dispute resolution in complex IP litigation.
S Chand And Company Ltd v.Kaushal Kumar And Ors
The Delhi High Court addressed several applications in the copyright and trademark infringement suit filed by S Chand And Company Ltd against various booksellers and e-commerce platforms. The court granted the plaintiff exemption from pre-litigation mediation, recognizing the urgency of interim relief. Crucially, the court issued an ad interim injunction directing Defendant No. 5 (Flipkart) to immediately take down listings of counterfeit books infringing on S Chand's registered trademarks and copyrighted works. Furthermore, the court provided procedural directions for serving summons and verifying the addresses of the various defendants.
Sporta Technologies Pvt. Ltd. v.Ankit Chaudhary Alias Ankit Sheoran
The Delhi High Court addressed several applications in a trademark infringement suit concerning 'Dream 11'. The court allowed the plaintiffs to implead NameCheap, Inc. and the unknown domain registrant as new defendants, recognizing the need to pursue those controlling the infringing domain 'dreamtips11.com'. Furthermore, the existing interim injunctions were extended and reinforced against these newly added parties, mandating them to cease trademark misuse and disclose relevant KYC details.
Ja Sterile Pvt Ltd v.The Registrar Of Trademarks, Trademarks Registry & Anr.
The Delhi High Court addressed procedural matters in the appeal filed by Ja Sterile Pvt Ltd against the Registrar of Trademarks. The court disposed of an application seeking exemption from filing certain documents, directing that certified copies of illegible materials be submitted within four weeks. The main appeal petition, challenging a prior order by the Trademark Registrar, was subsequently listed for further hearing on January 15, 2026.
Ykk Corporation v.Kc Sapra & Ors.
In a significant settlement order, the Delhi High Court decreed the suit in favor of Ykk Corporation against Defendant No. 3 based on an amicable agreement reached during litigation. The defendant admitted to the plaintiff's trademark and trade dress rights (including 'YKK'), agreed not to use deceptively similar marks or counterfeit goods, and committed to handing over seized infringing products. Furthermore, the settlement included a payment of damages/costs by the defendant and established strict compliance mechanisms, including future audits.
Danone And Pacific Holdings Pte Ltd v.Alvo Life Sciences And Ors & Ors
The Delhi High Court addressed a complex trademark infringement suit involving Danone And Pacific Holdings and Alvo Life Sciences. The court formally decreed the suit against defendants 1 through 7 based on a previously executed Memorandum of Compromise, which included payments and undertakings to cease infringing use. Furthermore, the court accepted an offer from defendant 11 to settle the dispute, directing them to deposit damages, thereby facilitating a resolution for all parties involved.
XX v.Y
The Delhi High Court allowed the commercial suit filed by XX against Y, which alleges infringement of trademarks and designs related to 'HERO Genuine engine oil.' The court granted several procedural reliefs, including masking party identities and exempting the plaintiffs from pre-institution mediation due to the urgent nature of the relief sought. Crucially, the court permitted the appointment of a Local Commissioner to inspect the premises, seize infringing stock, and ascertain its value, paving the way for immediate interim protection.
Ms Anuradha Sharma & Anr. v.Jiva Ayurvedic Pharmacy Limited & Ors.
The Delhi High Court stayed an interim injunction granted by the Commercial Court, which had prohibited Ms. Anuradha Sharma's use of her registered trademark 'SHATAM JEEVA'. The court found that a prima facie case existed for the appellant to challenge the order, particularly regarding the lack of sufficient evidence demonstrating goodwill and likelihood of confusion in the passing off action. Furthermore, the High Court issued a directive to Commercial Courts, mandating clear findings on whether an injunction is based on infringement or passing off, and requiring positive proof of goodwill in passing off cases.
Pachranga International Inc. v.Vishisht Malik Trading As M/S Pachranga Food Industries
Pachranga International Inc. filed an application alleging that Vishisht Malik Trading As M/S Pachranga Food Industries willfully disobeyed a prior court order dated 11.03.2025, which restrained the defendant from dealing in products bearing deceptive labels and infringing on the plaintiff's registered design, copyright, and trademarks. The plaintiff alleged continued violation through manufacturing and online sales using similar branding. In response, the defendant undertook to modify the trade dress of its label by changing the color and font, while also confirming the removal of specified URLs.
Ajay Alias Vishal Veeru Devgan v.The Artists Planet & Ors.
The Delhi High Court issued several procedural orders in the ongoing suit filed by Ajay Alias Vishal Veeru Devgan against The Artists Planet & Ors. The court granted exemptions to the plaintiff from mandatory pre-litigation mediation, citing the need for urgent interim relief. Furthermore, the court directed the production and inspection of documents by the defendants, while also formally registering the plaint as a civil suit seeking protection against trademark infringement, passing off, copyright violation, and misappropriation of personality rights.
Provogue India Private Limited v.Harish Kumar Dhawan & Ors.
The Delhi High Court allowed Provogue India Private Limited to proceed with its trademark infringement suit against Harish Kumar Dhawan & Ors., granting exemptions from mandatory pre-litigation mediation and advance service. The court recognized the urgency of the matter, noting the risk that defendants might conceal or suppress their infringing operations. Furthermore, the court directed a local commission inspection to gather evidence regarding the alleged deceptive trade mark use in the manufacturing and sale of leather goods.
Jyoti Sharma (Trading As Akhand Bharat Enterprises) v.The Registrar of Trade Marks
The Delhi High Court allowed Jyoti Sharma's appeal against the Registrar of Trademarks' refusal to register a device mark. The court found that the original refusal order contained significant factual errors, incorrectly characterizing the application as a word mark for services when it was actually a device mark for goods in Class-9. Consequently, the matter was remanded back to the Registrar for fresh consideration, without prejudging the merits of the registration claim.
Easy Trip Planners Limited v.Inditab E Solutions Private Limited
The Delhi High Court issued several orders in the suit filed by Easy Trip Planners Limited against Inditab E Solutions Private Limited, which seeks permanent injunction against infringement of trademark, copyright, and passing off. The court granted the plaintiff exemption from mandatory pre-institution mediation due to the urgent nature of the interim relief sought. Furthermore, the court set timelines for the filing of written statements and replication, scheduling the next hearing for the injunction application.
M/S Veerji Restaurant Private Limited v.Mohini Chaddha Trading As Veerj Ji Malai Chaap Wale & Ors.
The Delhi High Court addressed several applications in the trademark dispute, notably vacating an earlier ad-interim ex-parte injunction order against Defendant No. 2. The court found that the plaintiff had obtained the injunction by presenting inaccurate facts regarding the termination of a franchise agreement. Furthermore, the disputes between the original parties (Plaintiff and Defendant No. 2) were referred to arbitration. Separately, the Court allowed additional documents for evidence while permitting Defendants No. 3 and 4 to join proceedings after recalling an ex-parte order.
Fdc Limited v.Healing Pharma India Private Limited
Fdc Limited filed a suit against Healing Pharma India Private Limited alleging multiple infringements related to its pharmaceutical products. The Delhi High Court issued an order addressing procedural aspects, including granting exemptions from pre-institution mediation and allowing the filing of additional documents. Crucially, the court also addressed interim relief, restraining the defendant from manufacturing or marketing products confusingly similar to Fdc's registered trademarks (ZIFI) and copyrighted trade dress (ELECTRAL).
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