Mixed
716 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
716 cases | Page 12 of 24
Glaxo Group Limited v.Mohd. Nazim And Anr.
The Delhi High Court registered the commercial suit filed by Glaxo Group Limited against Mohd. Nazim And Anr., concerning alleged trademark infringement of 'AUGMENTIN' by the use of 'ZENMENTIN' for similar pharmaceutical products. The court allowed several procedural applications, including exemption from pre-institution mediation and granting permission to submit sealed documents related to sales figures. Crucially, the court directed that notice be issued to the defendants regarding the injunction application (I.A. 5188/2024), setting the stage for a full trial on the infringement claim.
Rexcin Pharmaceuticals P Ltd v.Rekin Pharma P Ltd & Anr.
The Delhi High Court addressed a complex trademark dispute between Rexcin Pharmaceuticals and Rekin Pharma concerning the similar corporate names 'REXCIN' and 'REKIN'. The court noted that while Rexcin holds registrations for 'REXCIN', they are not currently using it commercially, whereas Rekin has registered 'REKIN-SP' in Class 05. To resolve the conflict, the Court proposed a potential settlement where both parties could agree to restrict the use of the disputed term only as part of their corporate name, rather than as a trademark or trade name. Both counsels agreed to consult their clients on this proposal and were directed to consider mediation.
Western Digital Technologies Inc. v.Daichi International
In this trademark infringement suit, Western Digital alleged that Daichi International was rebranding and reselling used/refurbished HDDs originally manufactured by WD under the 'Daichi' brand. The Delhi High Court issued conditional interim directions, allowing sales to continue but mandating that all impugned products must carry a clear disclaimer stating they are used and refurbished goods. Furthermore, the defendant was ordered to file detailed stock statements regarding the purchase and sale of these specific HDDs.
Wings Pharmaceuticals P. Ltd. v.Khatri Healthcare P. Ltd. & Anr.
The Delhi High Court clarified its earlier order in this trademark cancellation petition. The Petitioner, Wings Pharmaceuticals P. Ltd., sought clarification after raising objections regarding territorial jurisdiction. Consequently, the court allowed the application, permitting the Petitioner to withdraw the current case and file a fresh petition before the appropriate Trademark Registry in Mumbai. Crucially, the court emphasized that this withdrawal does not prejudice the parties' rights or express any view on the merits of the original dispute.
Su Kam Power Systems Limited v.Kunwer Sachdev & Anr. Kantaloop Communications & Anr.
The Delhi High Court addressed multiple rectification petitions concerning the 'Su-Kam' trademark, pitting Su Kam Power Systems Limited against Kunwer Sachdev. The court noted that while the petitioner company holds a key registration, the defendant claims original conceptualization of the mark. Given the complex history involving insolvency and prior civil judgments, the court has directed both parties to file detailed notes and encouraged them to explore amicable resolution through mediation before listing the matter again.
Shri Ram Autotech Private Limited v.Garima Singh Proprietor Of Ambika Industries
In this interim order concerning trademark infringement, the Delhi High Court accepted the Defendant's proposal to substantially modify their contested mark. Despite the Plaintiff's concerns regarding residual similarity in font style, the Court ruled that the overall changes sufficiently reduced the likelihood of consumer confusion. The Defendant was allowed a grace period of two months to exhaust existing inventory while transitioning to the new mark, provided they comply with all regulatory requirements.
Campus Activewear Limited v.Jqr Sports(India) Private Limited & Ors
The Delhi High Court initiated proceedings in Campus Activewear Limited vs Jqr Sports(India) Private Limited regarding alleged infringement of trademarks and designs related to shoes. The court formally registered the commercial suit and set out procedural timelines for filing written statements, replications, and affidavits of admission/denial. Furthermore, the urgent application seeking a permanent injunction was listed for further hearing, indicating that the core dispute over copying Campus's brand and design is moving forward.
Burberry Limited v.M/S Petrol Perfume & Ors.
In this trademark infringement suit, Burberry Limited filed a claim against M/S Petrol Perfume & Ors., alleging that the defendants' perfumes bearing 'MY PETROL' and 'MR. PETROL' marks were deceptively similar to Burberry's registered trademarks and trade dress. The Delhi High Court issued several procedural orders, including granting exemptions for document filing and directing the defendants to provide a detailed affidavit regarding all goods manufactured under the impugned marks. This order sets the stage for the full trial on infringement and passing off.
Gopaljee Foods v.Subhash Chand & Ors.
In Gopaljee Foods vs Subhash Chand & Ors., the Delhi High Court addressed ongoing trademark disputes, noting that an ex-parte ad interim injunction previously granted in favor of the petitioner regarding trademark infringement had been confirmed by a Coordinate Bench. The court also noted attempts by respondents to revive abandoned trademarks and make changes to user dates, requiring them to place supporting documentation on record for further consideration.
Rukmini Devi And Ors. v.Union Of India And Ors.
The Delhi High Court addressed a writ petition challenging the acceptance of an alleged trademark assignment by the Registrar. The core dispute involved complex succession issues among the heirs of the original assignor, leading to multiple conflicting claims regarding the validity of the deed. Recognizing the ongoing litigation and disputes, the court did not rule on the merits but instead directed the petitioner to file comprehensive objections with the Trademark Registry. This move ensures that the assignment is subject to a fresh de novo review and hearing, effectively pausing the previous decision.
Ht Media Limited v.Coolboots Media Private Limited
The Delhi High Court formally registered the trademark infringement suit filed by Ht Media Limited against Coolboots Media Private Limited. The court addressed several procedural applications, granting exemptions and setting timelines for filing documents. Crucially, the court also initiated interim injunction proceedings regarding the alleged misuse of similar marks ('SHINE' vs 'OUTSHINE') and directed both parties to explore mediation under Section 12A of the Commercial Courts Act.
Vimal Agro Products P. Ltd. v.Capital Foods P. Ltd. & Anr.
The Delhi High Court addressed a rectification petition filed by Vimal Agro Products challenging the 'SCHEZWAN CHUTNEY' trademark held by Capital Foods. While acknowledging that the core issue—whether the mark is descriptive or generic—is pending before a Division Bench, the court declined to grant an immediate stay on the registration. Instead, the Court prioritized determining its own territorial jurisdiction over the matter, setting up further hearings to resolve this critical legal question.
Mustafa Raza Dhorajiwala Sole Proprietor of M/s Kemei India v.Dinesh Kumar Proprietor of M/S Jai Laxmi Marketing and Anr
This Delhi High Court order addresses a rectification petition filed by Kemei India against a copyright registration held by Jai Laxmi Marketing. The petitioner argues that the 'KEMEI' mark was improperly registered as a copyright despite its prior existence and registration as a trademark in 2013. The court has initiated proceedings, issuing notice to all parties and setting a timeline for filing replies, moving the case toward substantive dispute resolution.
Peak Xv Partners Advisors India Llp & Anr v.Satyajit Herma & Ors
The Delhi High Court granted an ad interim injunction in favor of Peak Xv Partners Advisors India LLP, restraining the defendant from using specific domain names bearing the 'PEAK XV' mark. The court recognized the plaintiff's established goodwill and reputation associated with the brand, despite the defendant claiming ignorance regarding trademark registration. Furthermore, the parties were directed to participate in mediation to seek an out-of-court settlement.
Chestnut Heights Resorts Pvt. Ltd. v.Nandini Lall & Anr.
The Delhi High Court addressed multiple rectification petitions filed by Chestnut Heights Resorts Pvt. Ltd. against Nandini Lall & Anr., seeking cancellation of the 'JILLING' trademarks. Recognizing that these new petitions dealt with the same set of marks already under consideration in another proceeding, the court opted for judicial efficiency. The bench ordered the consolidation of all related matters to be heard together before a specific judge.
Fiitjee Ltd. v.Brahmos Aerospace Pvt Ltd.
The Delhi High Court addressed several applications filed under Order VI Rule 17 CPC seeking to amend existing Trademark cancellation petitions. The core issue was the merger of Petitioner No. 1 and Petitioner No. 2 following an amalgamation order passed by the NCLT in 2019. The court allowed the formal amendments, permitting only the surviving petitioner (Fiitjee Ltd.) to continue the proceedings against Brahmos Aerospace Pvt Ltd., while noting the delay in filing.
D T Media And Entertainment Private Limited v.Premchand Palety
The Delhi High Court addressed several interlocutory applications in a dispute concerning the use of educational ranking parameters. While the main suit was registered, the court issued critical interim directions regarding trademark usage and competition. The defendant was directed to immediately cease using identical language and numerical order for survey parameters that overlap with the plaintiff's 'EDUCATION WORLD' brand, while also agreeing to pre-litigation mediation to seek an amicable resolution.
Narinder Kumar M/S Kundan Trading Company v.Surinder Pal M/S Kundal Industries
This Delhi High Court order addresses a petition seeking the rectification and removal of the 'KRANTI' trademark, which was registered in favor of the respondent. The case faced significant procedural hurdles due to the death of the original respondent and subsequent difficulties in locating legal representatives. Given the complex status of the parties, the court issued notices to the former counsel and the trademark agent to determine if any family members claim rights to the impugned mark.
Made Easy Education Private Limited v.Telegram Fz Llc & Anr.
The Delhi High Court addressed ongoing infringement issues concerning educational video content on Telegram. While the defendant, Telegram, has complied with previous takedown orders, the plaintiff continues to face proliferation of infringing links and source code issues. The court allowed the plaintiff time to present technical evidence regarding these persistent infringements, while reserving a discussion on dynamic injunctions for future hearings.
Usha International Limited v.Rex Global Limited & Anr
In a trademark dispute concerning the mark 'BUTTERFLY', the Delhi High Court allowed Usha International Limited (Plaintiff) to introduce crucial additional evidence. This decision was made in response to Rex Global Limited's (Defendant) allegations that the Plaintiff lacked proprietary rights and concealed material facts, specifically referencing an earlier adoption of the mark by a Chinese entity. The court recognized the necessity of these documents—ranging from Trade Marks Office reports to records from the Chinese Chamber of Commerce—for a comprehensive adjudication of ownership claims.
Oikos S.P.A. v.Oikos India Pvt Ltd & Anr.
In a dispute over the use of the 'OIKOS' brand, Oikos S.P.A. filed suit against Oikos India Pvt Ltd alleging trademark infringement after its business relationship was terminated. The Defendants contested the claim, challenging the Plaintiff's ownership rights and citing an existing written agreement allowing stock sales. The Delhi High Court addressed the interim injunction application by appointing a Local Commissioner to conduct a thorough inspection of the Defendant's premises, specifically to determine if the infringing products were made from materials supplied by the Plaintiff.
Purshotam Keshwani & Ors. v.Nishant Mitrasen Mahimtura & Ors.
The Delhi High Court addressed an application regarding alleged non-compliance with a prior injunction restraining the use of the trademark 'LIBAS'. The court clarified that while the defendants were previously granted a limited, temporary exception allowing them to use a specific logo format ('RIYAZ GANGJI' in bold with 'LIBAS' underneath), this pro tem arrangement did not supersede the original comprehensive injunction. The court directed the parties to engage in settlement talks regarding any alleged violations of the standalone mark 'LIBAS', setting a date for compliance.
Bayona Spa v.Varun Exports & Ors.
The Delhi High Court disposed of a petition concerning a trademark dispute between Bayona Spa and Varun Exports & Ors. The court noted that the respondents had filed an application to withdraw the impugned mark before the Trademarks Registry. Consequently, the petitioner's relief was deemed infructuous, leading the court to issue directions for the Registrar of Trademarks to cancel the registration No. 4188398 in class 25.
Smt. Uma Rathi v.Keshavdeep Iron Traders Pvt. Ltd.
Smt. Uma Rathi initiated proceedings in the Delhi High Court seeking the cancellation of the trademark 'Ratni Power' registered by Keshavdeep Iron Traders Pvt. Ltd., citing grounds under Sections 9, 11, and 18 of the Trade Marks Act, 1999. The court granted exemptions for filing certain documents while simultaneously directing that notice be issued to the respondents. This marks the formal commencement of litigation challenging the validity and registration of the disputed trademark.
M/S Sana Herbals Pvt. Ltd. v.Dehlvi Remedies Pvt. Ltd.
The Delhi High Court consolidated multiple trademark-related suits, including infringement and rectification petitions, involving M/S Sana Herbals Pvt. Ltd. and Dehlvi Remedies Pvt. Ltd. The court framed a comprehensive set of 11 issues to be determined during the trial. These issues cover core disputes such as trademark infringement, passing off, validity of registrations, and the scope of assignment rights related to the mark 'DEHLVI'. This consolidation streamlines the litigation process for both parties.
Hp Organic Foods Private Limited v.Shree Khatu Shyam Agro Foods & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Hp Organic Foods Private Limited against Shree Khatu Shyam Agro Foods & Ors. The court allowed procedural exemptions for the plaintiff, including filing additional documents and waiving pre-litigation mediation. Crucially, regarding the injunction application (Order XXXIX), the court noted the plaintiff's claims of extensive sales and deceptive similarity in the 'INDANA FRESH' brand used by the defendants. The court directed notice to the defendants and mandated them to maintain detailed accounts of their product sales.
Srinath Kumbargeri Venkatachalappa v.C.A. Shivaram & Anr.
The Delhi High Court addressed several interlocutory applications in trademark disputes involving the brand 'PARIMALA COFFEE'. The court granted exemptions regarding document submission formats, allowing the petitioner flexibility due to logistical constraints. Crucially, the court also allowed the petitioner to file digitally signed and notarized affidavits despite their attorney being abroad, streamlining procedural requirements for complex IP litigation.
Hero Investcorp Private Limited And Anr. v.Diamond Autos
In a suit concerning the alleged infringement of 'HERO' trademarks, Hero Investcorp Private Limited sought various interim reliefs against Diamond Autos. The Delhi High Court addressed several interlocutory applications, granting exemptions from pre-institution mediation and advance service due to urgency. Crucially, the court permitted the appointment of a Local Commissioner to inspect the defendant's premises in Ludhiana to verify the alleged counterfeit products, setting the stage for further proceedings on the injunction application.
M/S Rspl Health Private Limited v.Reckitt And Colman Overseas Hygiene Home Limited & Anr.
M/S Rspl Health Private Limited appealed the rejection of its application to rectify the trademark 'HARPIC DRAINXPERT'. The core dispute revolves around whether Reckitt & Colman's use of a similar mark, specifically 'DRAIN XPERT POWDER', constitutes infringement or grounds for rectification. The appellant argues that the slight variation in spelling and presentation is deceitful and confusingly similar to their registered trademark. The court has listed the matter for further hearing to consider these complex arguments regarding similarity and deceptive intent.
Nutraceutical Wellness Inc. v.Dhruvil Damajibhai Zadafiya As D D Fashion & Anr.
Nutraceutical Wellness Inc. initiated proceedings before the Delhi High Court seeking the cancellation of a trademark registration held by the respondent. The petitioner argued that their internationally registered and long-standing wordmark, 'NUTRAFOL,' relates to over-the-counter hair growth products. The court accepted the petition and directed the issuance of notice to the respondents, setting the stage for further litigation regarding the validity and use of the mark.
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