Mixed
716 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
716 cases | Page 13 of 24
Aryan Educational Society v.C.D. Goyal Foundation
In this trademark dispute, the Delhi High Court addressed several interlocutory applications filed by Aryan Educational Society against C.D. Goyal Foundation. The court allowed the plaintiff's request for an ad-interim injunction notice, noting that the defendant was allegedly using a similar mark ('The Aryan School') in Haryana despite the plaintiff holding a registered trademark. Furthermore, the court formally registered the suit and granted various procedural exemptions to facilitate the ongoing litigation.
Ajay Goyal v.Anil Verma & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement case filed by Ajay Goyal against Anil Verma & Anr. The court allowed the plaintiff's application seeking an injunction, recognizing claims of deceptive similarity between 'SUFIYANA' and 'SUFIYAMA', alongside copying of trade dress and artistic work. Furthermore, the Court appointed a Local Commissioner to seize infringing products and materials, ensuring the continuation of the suit while addressing urgent concerns regarding trademark infringement.
Taco Bell Corp. v.Tamoghna Foods & Enterprises & Anr.
The Delhi High Court addressed several interlocutory applications in the ongoing trademark dispute between Taco Bell Corp. and Tamoghna Foods & Enterprises. The court granted certain procedural exemptions while directing parties to adhere strictly to commercial courts rules regarding document submission. Crucially, the main petition seeking rectification and removal of an existing mark (Registration No. 3628356) was advanced, with notice issued to the respondents to file their response within four weeks.
M/S Mrs. Bectors Food Specialities Ltd. v.M/S National Biscuits And Sweet Mfrs.
The Delhi High Court allowed the plaintiff, M/S Mrs. Bectors Food Specialities Ltd., to implead two additional parties—M/s Satnam Mart Private Limited and M/s JK Print Pack—in its ongoing trademark infringement suit against M/S National Biscuits And Sweet Mfrs. This move was based on evidence gathered during a local commission inspection, which revealed that the defendant's infringing products were manufactured by Satnam Mart and printed by JK Print Pack. The court proceeded to issue summonses to these newly added defendants, ensuring the litigation can proceed against all responsible parties.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Chetan Padilya & Ors.
The Delhi High Court confirmed an existing injunction protecting Gujarat Cooperative Milk Marketing Federation Ltd's trademark rights against specific infringing content published by the defendant. Crucially, the court clarified that this injunction is not a 'gag order.' While the defendant must refrain from publishing articles identical or similar to the impugned material and avoid derogatory remarks, they retain the right to engage in lawful discourse comparing plant-based beverages with dairy milk products.
Sh. Jaininder Jain And Ors. v.Registrar Of Trade Marks And Ors.
The Delhi High Court issued a significant order in the ongoing dispute concerning the 'KANGARO' trademark. Addressing requests for comprehensive information, the court directed the Plaintiffs to first compile a list of all trademark oppositions they have filed against Defendants. Subsequently, the Defendants were mandated to provide certificates and applications for all relevant foreign trademark registrations not contested by the Plaintiffs. This order aims to ensure full transparency regarding global IP rights related to the brand.
Rupa Gujral & Ors. v.Daryaganj Hospitality Private Limited & Ors.
The Delhi High Court initiated proceedings in a passing off suit concerning the 'Moti Mahal' trademark. The Plaintiffs alleged that the Defendants were misleading the public by associating their restaurants with the Plaintiffs' famous brand, citing misuse of predecessor photographs and marks. While the Defendants vehemently disputed the claims, they offered a conciliatory gesture, committing to remove the disputed photograph from their website without conceding liability. The court proceeded to issue notices for an interim injunction while setting timelines for written statements and framing issues.
Nectar Biopharma Private Limited v.M/S. Kashmik Formulations Private Limited
In this trademark infringement matter, the Delhi High Court allowed the Plaintiff's application seeking to implead Mr. Nilesh M. Patel, Director of Defendant No. 1. The court found that since Mr. Patel was the proprietor of M/s Nectar Lifecare and his marks were applied for registration, he was a necessary party due to the exclusive supply relationship between Defendant No. 1 and M/s Nectar Lifecare. This decision significantly expands the scope of the litigation by bringing in an individual directly connected to the disputed intellectual property rights.
Ms Veerji Restaurant Private Limited v.Jashpal Singh Trading As Veerj Ji Malai Chaap Wale & Ors.
The Delhi High Court addressed several applications in the trademark and copyright infringement case filed by Ms Veerji Restaurant Private Limited against Jashpal Singh Trading As Veerj Ji Malai Chaap Wale. The court formally registered the plaint as a commercial suit, setting timelines for written statements and replication. Crucially, it issued notice regarding the plaintiff's application seeking permanent injunction to restrain trademark and copyright infringement and passing off of the 'VEERJI MALAI CHAAP WALE' brand.
Epitech S.P.A. v.The Controller Of Patents
Epitech S.P.A. appealed a rejection order issued by The Controller of Patents, which had denied the grant of its PCT national phase application (No. 6850/DELNP/2014). The Controller's initial decision was based on the finding that the data provided by the Appellant related to an irrelevant compound (PEA-OXA) instead of the claimed subject matter (PEA-OXLE). However, the Delhi High Court found this reasoning insufficient and factually incorrect, noting that the data did indeed include examples pertaining to PEA-OXLE. Consequently, the appeal was allowed, setting aside the Impugned Order and directing the Controller to decide the application afresh.
Dabur India Limited v.Emami Limited And Anr
The Delhi High Court addressed a petition filed by Dabur India Limited seeking the rectification and removal of a trademark registered in favor of Emami Limited. Despite arguments regarding prior injunctions related to passing off suits, the court ruled that since the rectification application had already been filed, there was no impediment to issuing notice. The court emphasized that rectification proceedings must be decided first before proceeding with the trial of the underlying suit.
Louis Vuitton Malletier v.The Registrar Of Trade Marks
In this matter concerning a trademark opposition, Louis Vuitton Malletier sought relief after being unable to complete the payment for its notice of opposition due to a technical glitch with the payment gateway. The Delhi High Court acknowledged the petitioner's claim regarding the non-fault nature of the delay and took steps to ensure all parties were heard. Consequently, the applicant of the disputed mark was impleaded as Respondent No. 2, allowing the litigation to proceed fairly.
Xero Degrees v.M/S Frankart Global Private Limited & Ors.
In a dispute over the 'XERO DEGREES' brand, Xero Degrees sought an interim injunction against M/S Frankart Global Private Limited, alleging trademark infringement. The court noted that the plaintiff owns the registered trademark and operates extensively in the Food & Beverages sector. Despite the defendants claiming prior ownership of the name and logo, the court proceeded to issue notice for a hearing on the injunctive relief, setting the stage for further litigation.
Busy Infotech Pvt Ltd v.Xpert Tricks Softwares & Ors.
This Delhi High Court order addresses an ongoing suit filed by Busy Infotech Pvt Ltd against various defendants for copyright infringement and trademark passing off related to its 'BUSY Software.' The court noted that previous interim injunctions were in place, and several pro-forma defendants had been discharged after providing undertakings. On December 8, 2023, the court directed the Plaintiff to file an updated memo of parties within one week before listing the matter again.
Syngenta Participations Ag v.Controller Of Patents Designs
Syngenta Participations Ag filed an appeal challenging the Controller's decision to reject its Indian patent application. The rejection was based on the grounds of lacking inventive step and falling under Section 3(d) of the Patents Act, 1970. The appellant argued that sufficient data existed to prove significant enhanced efficacy under Section 3(d). The court allowed applications for condonation of delay and exemption from filing documents before directing notice and setting the matter for further hearing.
Walter Bushnell Private Limited & Anr. v.Ramesh Juneja & Ors.
Walter Bushnell Private Limited filed a petition seeking contempt action against Ramesh Juneja and others for violating an Intellectual Property Appellate Board (IPAB) order. The IPAB had previously directed the removal of the trademark 'DROTIKIND' (Registration No. 1309918). Despite this directive, the respondent renewed the impugned trademark. Consequently, the Delhi High Court issued notice to the respondents, setting a date for their appearance and initiating proceedings related to the alleged violation.
Phoola Rani v.Anita Kharbanda & Anr.
Phoola Rani filed a petition seeking the cancellation of Respondent No. 1's registered trademark 'PREM DI HATTI' (No. 2543229) in Class 43, arguing that she has been using the mark extensively since 1969 for similar food and restaurant services. The court found that the Petitioner prima facie is an aggrieved party due to the similarity of the marks and business purposes. Consequently, notice was issued to the respondents, and the matter was scheduled for further proceedings.
Inventprise, Inc. v.The Controller Of Patents & Anr.
Inventprise, Inc. challenged the requirement of prior approval from the National Biodiversity Authority (NBA) concerning its patent application for a 'Heat Stable Liquid Rotavirus Vaccine.' The NBA had previously insisted on compliance with Section 6 of the Biological Diversity Act, 2002, citing the use of human rotavirus strain isolated in India. However, Inventprise argued that the subject matter did not constitute a 'biological resource' under the Act. Recognizing this core dispute, the Delhi High Court directed the NBA Expert Committee to conduct a personal hearing and issue a reasoned order on whether the invention falls within the scope of the Biological Diversity Act.
Vega Industries Pvt. Ltd. v.Vinod Sagar Jain & Anr.
The Delhi High Court addressed an appeal filed by Vega Industries challenging the registration of the trademark 'VIGA' by Vinod Sagar Jain. While noting that the correct remedy for the appellant might be rectification, the court preliminarily found no cause for grievance if certain listed products were excluded from the scope of goods. The stay application filed by Vega was ultimately rejected, and the matter was scheduled for final hearing.
M/S Dandi Salt Pvt. Limited v.M/S Indo Brine Industries Limited
M/S Dandi Salt Pvt. Limited filed a review petition challenging an earlier dismissal by the Copyright Board on grounds of being time-barred. The core dispute involved objections raised by the petitioner against M/S Indo Brine Industries Limited's attempt to register copyright for the artistic work 'INDOBRINE DANDI SALT/DANDI NAMAK'. Although the initial appeal was dismissed due to procedural delays, the High Court considered the parties' claims and subsequent settlement. Consequently, the court set aside the impugned orders and remanded the matter back to the Copyright Office for fresh consideration.
Iconic Ip Interests Llc & Anr v.Varshaben Kantilal Talreja & Anr
In this trademark dispute, the defendants challenged the maintainability of the suit in Delhi High Court, arguing they only operate in Gujarat. The court permitted the defendants time to file their written statement and replication. The matter is now scheduled for a hearing on both the injunction application and the issue of maintainability.
Allied Blenders And Distillers Limited v.Batra Brewries And Disttilleries Private Limited & Ors.
The Delhi High Court issued several orders in the trademark infringement suit between Allied Blenders and Batra Brewries. The court confirmed the existing ad-interim injunction against the defendants, noting their adoption of the mark 'PRINCIPAL PREMIUM.' However, permission for the defendants to exhaust existing stock was recalled due to non-compliance with providing a stock statement. Furthermore, the court condoned the delay in filing the written statement and dismissed an application seeking the deletion of one defendant.
The Himalaya Durg Company & Ors v.Himalya International Ltd
In this ongoing trademark infringement suit, the Delhi High Court addressed an application by the defendant seeking permission to file fresh evidence. Despite objections from the plaintiffs that the new defense went beyond pleadings, the court permitted the filing of the affidavit in evidence (DW-1). The court also reminded both parties about the long pendency of the case and directed a day-to-day trial to expedite proceedings.
M/S F.K. Bearing Group Co. Ltd. v.M/S Modern Machinery Stores G.T. Road
The Delhi High Court issued an order in the ongoing trademark dispute between M/S F.K. Bearing Group Co. Ltd. and M/S Modern Machinery Stores G.T. Road. The court noted that the matter was pending before the Mediation and Conciliation Centre. Consequently, the judge requested the mediator to expedite the proceedings and listed the case for further hearing on December 7, 2023.
Bajaj Resources Limited & Anr. v.Ena Universal & Anr.
The Delhi High Court addressed applications seeking to enforce an existing injunction against trademark infringement related to 'BAJAJ ALMOND DROPS'. The Plaintiffs argued that Defendants were circumventing the court order by selling infringing products through e-commerce platforms under different names. Recognizing this evasion, the Court allowed the impleadment of new parties, including AMZ Venturz, VBRO Skin Care, and Flipkart itself, to ensure comprehensive enforcement against all involved entities.
Heineken Asia Pacific Pte. Ltd. v.Shree Sakshat Money Lenders And Exchange Pvt. Ltd. and Anr.
The Delhi High Court addressed petitions filed by Heineken Asia Pacific Pte. Ltd. seeking cancellation of 'TIGER' device logos registered by Shree Sakshat Money Lenders. The court noted the near identity between the marks and directed that status quo be maintained concerning the registrations. This interim order prevents any transfer, license, or assignment of the disputed trademarks while the matter proceeds.
Heineken Asia Pacific Pte. Ltd. v.Shree Sakshat Infrastructure Pvt. Ltd.
Heineken Asia Pacific filed cancellation petitions against trademarks registered by Shree Sakshat Infrastructure, alleging that the Respondent is a squatter who has registered an identical device mark. The Delhi High Court acknowledged the near identity between the marks in dispute. Consequently, the court directed that status quo be maintained concerning the registration and prohibited any transfer or assignment of the disputed trademark until further proceedings.
Himalaya Wellness Company & Ors. v.Prk Productions Llp
Himalaya Wellness Company filed a suit alleging trademark infringement against Prk Productions LLP over the use of 'VIMALAYA' in their film 'Aachar & Co.' The Plaintiffs argued that this usage distorted their established brands like 'HIMALAYA', 'Liv.52', etc., causing consumer confusion. Despite initial denials by the Defendant, the Court found strong evidence supporting the similarity and registered trademarks of the Plaintiff. Consequently, the suit was formally registered, and summons were issued to compel the Defendant to appear and defend the allegations.
Tibra Collection v.Fashnear Technologies Private Limited & Ors.
Tibra Collection filed suit against several unauthorized sellers operating on the Meesho platform (run by Fashnear Technologies Private Limited) for copyright infringement and passing off. The Plaintiff alleged that Defendants were selling counterfeit garments that copied their designs and misusing their copyrighted photographs. After initial interim injunctions, the parties reached a settlement agreement. The court subsequently decreed the suit against the infringing sellers (Defendants 2-6), formalizing the undertaking which included a payment of Rs. 10 lakh to Tibra Collection and permanent cessation of all infringing activities.
Sun Pharma Laboratories Limited v.Hetero Healthcare Limited And Anr
In a complex trademark dispute, Sun Pharma sought permanent injunction against Hetero Healthcare regarding the alleged infringement of its mark 'LETROZ' by 'LETERO'. The court allowed the Defendants to challenge the validity of Sun Pharma's marks through a rectification petition under Section 57. Crucially, the court clarified that while invalidity can be challenged, the primary suit for passing off will proceed independently, leading to framing of multiple issues covering both infringement and validity.
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