Mixed
1,014 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
1014 cases | Page 10 of 34
Sanjeev Gupta v.Aman Gupta Trading As M/S Delhi Electricals Trading Company & Anr.
The Delhi High Court addressed multiple petitions concerning trademark disputes between family members. The cases involved rectification requests challenging the registration of marks like 'USHA' and a suit seeking injunction against alleged infringement using the mark 'ANUSHA'. Given the familial nature of the dispute, the court opted not to proceed with immediate litigation. Instead, the parties were referred to Pre-Institution Mediation to explore an amicable resolution. This order highlights the judiciary's preference for alternative dispute resolution (ADR) in complex family IP disputes.
Gm Modular Pvt. Ltd. v.Mumtaz Ahmed & Anr.
The Delhi High Court addressed an application filed by Gm Modular Pvt. Ltd. seeking the removal or rectification of the registered trademark 'GMW' (No. 1978669) from the Register, alleging that it is deceptively and confusingly similar to their own mark. The court accepted notice and directed that respondent no. 1 be served with notice, allowing them four weeks to file a reply. This order sets the stage for further litigation on trademark infringement and rectification grounds.
Wellcon Animal Health Pvt Ltd v.M/S. Welldorf Labs & Ors.
In a significant development for trademark disputes, the Delhi High Court allowed Wellcon Animal Health Pvt Ltd to proceed with its petition seeking rectification of the mark 'APTIFAST'. The court accepted the respondent's instruction to voluntarily withdraw the registered trademark. Consequently, the petitioner's case was disposed of on the condition that the respondents formally file an application for withdrawal within three weeks, ensuring the mark is struck off the register.
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.
Havells India Limited & Anr. v.Havai Home Products Pvt. Ltd. & Ors
The Delhi High Court has initiated proceedings in the suit concerning the alleged infringement of the 'HAVELLS' trademark. The court allowed several procedural applications filed by Havells India Limited, granting exemptions from pre-litigation mediation and advance service upon the defendants. Furthermore, the court registered the plaint seeking permanent injunctions for trademark infringement, passing off, and copyright violation, while also addressing an application for interim relief based on the plaintiff's well-known mark status.
Ms Allanasons Private Limited v.The Registrar Of Trademarks & Anr.
The Delhi High Court issued an order in the matter concerning Ms Allanasons Private Limited versus The Registrar Of Trademarks & Anr. This interim order scheduled both associated commercial IP disputes (C.O. (COMM.IPD-TM) 86/2024 and C.O. (COMM.IPD-TM) 91/2024) for a hearing on August 29, 2025. The court's directive indicates the ongoing procedural progression of these trademark matters.
Ms. Bhupinder Mehta v.Sh Pradeep Bareja & Anr.
The Delhi High Court initiated proceedings seeking the rectification/cancellation of the trademark 'BSM' (Application No. 5149074) in Class-11. The petitioner alleged that the respondent dishonestly adopted a deceptively similar mark, which was identical to her prior registered trademark. While some procedural applications were disposed of, the court formally issued notice to all respondents and set a timeline for filing replies, moving the core dispute forward.
Mankind Pharma Limited v.Morepen Laboratories Limited
The Delhi High Court addressed several procedural applications in the trademark and copyright infringement suit filed by Mankind Pharma against Morepen Laboratories. The court granted exemptions regarding document filing and pre-institution mediation, while proceeding with the main injunction application (I.A. 38001/2024). The plaintiff alleged dishonest adoption of their registered trade dress and copyright for a pregnancy detection strip, leading to claims of infringement and passing off. The defendant countered by arguing that the plaintiff approached the court belatedly.
Purple Innovation, Llc v.Mr. Martin Davis Trading As M/S Purple Martin Mattreses And Ors.
The Delhi High Court permitted the plaintiff, Purple Innovation, LLC, to amend its plaint to incorporate details regarding three newly registered trademark applications. While the suit continues, the court noted that both parties use deceptively similar marks ('PURPLE' and 'PURPLE MARTIN') for mattresses. The court encouraged a settlement, instructing the plaintiff to consider dropping claims for costs and damages if the defendants agree to adopt a new mark.
M/S Avon Automotive And Ors v.M/S Avon Cycles Limited
The Delhi High Court granted a stay on an earlier injunction restraining M/S Avon Automotive And Ors from using trademarks like 'AVON' in connection with cycles and related goods. The court recognized the appellants' claims of long-standing usage since 1980, despite the initial order being passed ex parte based on trademark registration details. This interim relief allows the appellants to continue their trade operations while the full merits of the infringement dispute are heard.
M/S Nuchem Limited Earlier Known As Nuchem Plastics Limited v.M/S Archit Nuwood Industries Pvt Ltd & Ors.
The Delhi High Court issued an order in the trademark dispute between Nuchem Limited and Archit Nuwood Industries. The court granted the defendant an extension of time to file a rejoinder, contingent upon payment of Rs. 25,000/- in costs. Furthermore, the court scheduled both the injunction application (I.A. 7713/2023) and the trademark-related application (I.A. 11949/2023 under Section 124 of the Trademarks Act) for consideration on July 31, 2024.
Mahesh Edible Oil Industries Limited v.Mahesh Edible Oils Products Private Limited
The Delhi High Court issued a significant order addressing trademark disputes among related entities in the edible oil industry. The court affirmed that the 'SALONI' trademark belongs exclusively to Mahesh Edible Oil Industries Ltd., preventing individual brothers from claiming it. However, the ruling allows the family members freedom to operate their own businesses, provided they do not use marks or trade dresses deceptively similar to 'SALONI'. This order sets a clear boundary for internal corporate IP rights while allowing independent commercial activity.
Mahesh Edible Oil Industries Limited v.Mahesh Edible Oils Products Private Limited
The Delhi High Court issued a significant order addressing trademark disputes among related entities in the edible oil industry. The court affirmed that the 'SALONI' trademark belongs exclusively to Mahesh Edible Oil Industries Ltd., preventing individual brothers from claiming it. However, the ruling allows the family members freedom to operate their own businesses, provided they do not use marks or trade dresses deceptively similar to 'SALONI'. This order sets a clear boundary for internal corporate IP rights while allowing independent commercial activity.
Mahesh Edible Oil Industries Limited v.Mahesh Edible Oils Products Private Limited
The Delhi High Court issued a significant order addressing trademark disputes among related entities in the edible oil industry. The court affirmed that the 'SALONI' trademark belongs exclusively to Mahesh Edible Oil Industries Ltd., preventing individual brothers from claiming it. However, the ruling allows the family members freedom to operate their own businesses, provided they do not use marks or trade dresses deceptively similar to 'SALONI'. This order sets a clear boundary for internal corporate IP rights while allowing independent commercial activity.
House Of Diagnostics Llp & Ors. v.House Of Pathology Labs Private Limited
The Delhi High Court granted an ad interim injunction favoring the plaintiffs, House Of Diagnostics LLP, against House Of Pathology Labs Private Limited. The court found a prima facie case of idea infringement, noting that both parties operate in the highly similar field of diagnostic services and their marks are glaringly similar. The defendant was restrained from using 'House of Pathology' in connection with its diagnostic activities, pending further consideration of the main suit.
Veekesy Rubber Industries Pvt. Ltd. v.Vijay Kalra And Anr.
The Delhi High Court disposed of a trademark dispute between Veekesy Rubber Industries Pvt. Ltd. and Vijay Kalra And Anr., based on an amicable settlement reached by both parties. The settlement agreement mandated that Respondent No. 1 acknowledge the exclusive rights of the petitioner in 'VKC' marks and cease using similar trademarks like 'VKV'. Crucially, the court directed the Trademark Registry to process the withdrawal and subsequent rectification/removal of the infringing trademark from the register.
Akemi Chemisch Technische Spezialfabrik GmbH v.Devki Nandan Malik T/A Delhi Hardware and Engg Works
The Delhi High Court issued several orders in the trademark and copyright infringement suit filed by Akemi Chemisch Technische Spezialfabrik GmbH against Devki Nandan Malik. The court granted exemptions to the plaintiff regarding filing documents and pre-institution mediation, while simultaneously allowing urgent interim relief. Crucially, the court authorized a Local Commissioner to conduct an inspection of the defendant's premises, seize counterfeit goods bearing the 'AKEMI' trademark, and examine relevant financial records.
Archidply Industries Limited v.Archit Nuwood Industries Private Limited
The Delhi High Court addressed several applications in the trademark infringement suit filed by Archidply Industries Limited against Archit Nuwood Industries Private Limited. While granting minor procedural exemptions and directing the transfer of court fees, the Court primarily focused on moving the main dispute forward. The matter was formally registered as a suit for infringement and passing off under the Trademarks Act, 1999, and subsequently referred to the High Court's Mediation Centre to explore an out-of-court settlement.
Ganraj Enterprises v.Land Mark Crafts Pvt. Ltd & Anr.
The Delhi High Court issued an order allowing the Respondent No. 1 to file several additional documents in the ongoing trademark litigation. The application sought modification of a prior order, primarily to bring on record evidence concerning the change of ownership of trademarks and detailed arguments regarding the alleged deceptive similarity between the parties' marks. This procedural step allows the court to consider complex issues related to assignment dates and examination objections.
Mrs. Shubhangi S. Jachak v.Land Mark Crafts Pvt. Ltd & Anr.
The Delhi High Court issued an order modifying a prior decision in the trademark dispute between Mrs. Shubhangi S. Jachak and Land Mark Crafts Pvt. Ltd & Anr. The modification allows Respondent No. 1 to bring on record several crucial additional documents related to ownership changes, examination objections, and responses filed with the Trademark Registry. This procedural step is significant as it introduces detailed evidence regarding trademark assignment timelines and prior rejection grounds into the ongoing litigation.
Nnova And Company v.Nitin Gupta Trading As Krishna Agencies
The Delhi High Court allowed a rectification petition following a settlement between Nnova And Company and Nitin Gupta Trading As Krishna Agencies. The court cancelled the registered trademark 'GLOWNOWO' (No. 3830607) in Class-03, which was deemed deceptively similar to the petitioner's mark NOVA. In exchange, the respondent agreed not to use any confusingly similar marks and committed to using a specific label format for 'Glownow', ensuring distinctiveness from the original brand.
Disposafe Health And Life Care Limited v.Registrar Of Trade Marks
In this trademark dispute before the Delhi High Court, Disposafe Health And Life Care Limited sought clarification on the service status of a hearing notice related to their application. While the Registrar of Trade Marks cited database records indicating successful notice dispatch, the appellant argued that the portal did not confirm actual service. The court granted the appellant liberty to file an affidavit to substantiate their claim regarding the lack of service confirmation.
Tanvi Fitness Private Limited v.Mr Jayesh Dilip Mehta & Anr.
Tanvi Fitness Private Limited filed multiple applications seeking an injunction against Mr. Jayesh Dilip Mehta and others, alleging that the respondents were communicating with e-commerce platforms to falsely claim infringement of their trademark 'MYFITNESS'. The petitioner argues that the respondents' actions are causing product delisting on major online marketplaces. While the respondent opposes the maintainability of the applications, citing different sections of the Trade Marks Act, the court has ordered notice and set a date for further arguments.
Tanvi Fitness Private Limited v.Mr Jayesh Dilip Mehta & Anr.
Tanvi Fitness Private Limited filed multiple applications seeking an injunction against Mr. Jayesh Dilip Mehta and others, alleging that the respondents were communicating with e-commerce platforms to falsely claim infringement of their trademark 'MYFITNESS'. The petitioner argues that the respondents' actions are causing product delisting on major online marketplaces. While the respondent opposes the maintainability of the applications, citing different sections of the Trade Marks Act, the court has ordered notice and set a date for further arguments.
Tanvi Fitness Private Limited v.Mr Jayesh Dilip Mehta & Anr.
Tanvi Fitness Private Limited filed multiple applications seeking an injunction against Mr. Jayesh Dilip Mehta and others, alleging that the respondents were communicating with e-commerce platforms to falsely claim infringement of their trademark 'MYFITNESS'. The petitioner argues that the respondents' actions are causing product delisting on major online marketplaces. While the respondent opposes the maintainability of the applications, citing different sections of the Trade Marks Act, the court has ordered notice and set a date for further arguments.
Neela Film Productions Private Limited v.Taarakmehtakaooltahchashmah.Com & Ors.
The Delhi High Court issued several procedural orders in favor of Neela Film Productions Private Limited (Plaintiff) in its copyright and trademark infringement suit against Taarakmehtakaooltahchashmah.Com & Ors. (Defendants). The court granted exemptions from pre-institution mediation, allowed the plaintiff to serve advance copies on a specific defendant despite lack of contact details, and directed that the plaint be formally registered as a commercial suit. These orders pave the way for the substantive trial concerning the alleged infringement of the popular show 'Taarak Mehta Ka Ooltah Chashmah'.
Vijay Baweja Proprietor Of M/S Vijay Auto Sales v.Ajay Baweja Trading As Ajay Auto Spares & Anr.
The Delhi High Court referred a trademark dispute between Vijay Baweja and Ajay Baweja to the Mediation and Conciliation Centre. The petitioner sought rectification of their 'AIRGOLD' trademark and cancellation of the respondent's similar mark, 'AIR GOLD (DEVICE)', both registered in Class 12. This move indicates the court is encouraging parties to resolve complex IP conflicts through alternative dispute resolution before proceeding with a full trial.
M/S Krbl Limited v.M/S J.R. Rice India Pvt. Ltd. And Another
The Delhi High Court allowed M/S Krbl Limited to file amendments and introduce crucial subsequent documentation in its ongoing suit against J.R. Rice India Pvt. Ltd. The plaintiff successfully sought to place on record the registration certificate, legal proceedings, and official orders confirming 'INDIA GATE' as a well-known trademark. This procedural order allows the case to proceed with updated evidence relevant to the core dispute.
Dunar Foods Limited v.Ankit Vats Trading As Avjk Foods Llp & Anr.
Dunar Foods Limited initiated proceedings seeking the cancellation of the registered trademark 'Nawazish' through a petition under Section 57 of the Trade Marks Act, 1999. The Delhi High Court issued notice to all parties and set forth detailed timelines for filing replies and written synopses. This order marks a procedural step in the ongoing litigation aimed at challenging the validity of the registered mark.
Ozone Overseas Private Limited v.Sri Siddhi Vinayaka Hardware Solutions & Ors.
The Delhi High Court granted several interim reliefs in favor of Ozone Overseas Private Limited, a leading global provider of architectural hardware. The court exempted the plaintiff from mandatory pre-litigation mediation and advanced service upon the defendants, recognizing the urgency of seeking an ad interim injunction. Crucially, the court allowed for the appointment of a Local Commissioner to conduct searches and seizures at the defendant's premises, ensuring evidence preservation in the ongoing trademark infringement suit.
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