Mixed
716 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
716 cases | Page 16 of 24
Jagran Prakashan Ltd v.Jagran Production Ltd & Anr
The Delhi High Court addressed multiple connected suits involving Jagran Prakashan Ltd against various related entities concerning the use of the 'JAGRAN' trademark. The court noted significant changes, including a company name change and another entity being under liquidation. Given the lack of compliance with previous orders regarding business operations, the court granted an extended deadline for defendants to file affidavits detailing their current business activities. Furthermore, the parties were directed to explore mediation as a potential resolution pathway.
Beiersdorf Ag v.Rsh Global Private Limited & Anr.
This order addressed an application by Beiersdorf Ag alleging that Rsh Global Private Limited was disobeying previous court injunctions regarding the use of deceptively similar cosmetic packaging. The plaintiff pointed out that the defendant's product remained available on various e-commerce websites despite the existing restraint orders. The defendants countered, stating they were actively contacting these third-party sites to have the products removed. Given the complexity of enforcement across multiple online platforms, the court granted a short adjournment to allow further submissions on this critical issue.
Red Bull Ag v.Vandana Chetankumar Maraviya Trading As Vandana Beverages & Ors.
In a trademark infringement suit, Red Bull Ag sought an interim injunction against Vandana Beverages for allegedly using similar marks and trade dresses. The Delhi High Court granted a temporary restraint order, compelling Defendants No. 1 and 3 to immediately cease the use of the disputed marks and remove online advertisements. Crucially, the court allowed them to continue selling existing stock already manufactured and distributed, balancing protection of IP rights with commercial realities.
S. N. Biri Factory Private Limited v.Mukesh Chand Khandelwal & Anr.
The Delhi High Court addressed a dispute concerning artistic works used in matchstick branding, where the Petitioner alleged that Respondent No. 1's new copyright was deceptively similar to their existing registered designs and trademarks. Despite the Deputy Registrar of Copyrights initially rejecting the objection, the Court found prima facie evidence suggesting imitation of unique features and misappropriation of phrases like 'शहे नशाह मािचस NO. 99'. Consequently, the High Court granted a stay on the effect of the impugned copyright registration while the matter proceeds.
Rspl Health Private Limited v.Reckitt And Colman Overseas Hygiene Home Ltd.
This Delhi High Court order addresses an infringement suit filed by Rspl Health Private Limited against Reckitt And Colman Overseas Hygiene Home Ltd. The plaintiff alleged that the defendant's use of 'XPERT' in its registered word mark, 'HARPIC DRAIN XPERT,' infringed upon the plaintiff's device mark registration. While the court acknowledged the merits of the dispute, it primarily issued procedural directions, allowing the suit to proceed and setting timelines for filing written statements and interim replies.
Mirza Ahmed Baig Alias Asad v.Mirza Afser Baig & Anr.
The Delhi High Court heard petitions challenging the registration of several marks held by the respondent, focusing on issues of user claim and proprietorship. The petitioner argued that the respondent failed to provide sufficient evidence to support their claims of continuous use and ownership, particularly regarding the mark 'MIDLAND'. The court noted these submissions but reserved judgment, scheduling a further hearing to allow the respondents to respond to the detailed challenges raised by the petitioner.
Emitech Gesellschaft Fur Emissionstechnologie MBH v.Controller General Of Patents Designs And Trademarks And Anr
Emitech Gesellschaft Fur Emissionstechnologie MBH filed an appeal challenging the rejection of its Indian Patent Application No. 9107/DELNP/2011 by the Controller General of Patents Designs and Trademarks. The patent application relates to a heatable honeycomb body designed for motor vehicles, allowing exhaust gas flow through electrically conductive layers. Emitech contended that the rejection was erroneous as the invention introduced novel features not found in existing prior art.
M/S Malabar Gold Private Limited v.Mr. M. Manuvel And Anr.
The Delhi High Court addressed interim applications in the trademark dispute between Malabar Gold Private Limited and Mr. M. Manuvel. The defendant argued that the existing injunction should be vacated because the plaintiff failed to disclose specific conditions imposed by the Trade Marks Registry regarding their trademarks, particularly concerning the exclusive right over 'M' or 'MALABAR'. The court accepted submissions from both parties and scheduled the matter for further hearing.
M/S K.W Enterprises v.M/S Karam Industrial Works
M/S K.W Enterprises filed a petition seeking the cancellation of an artistic work registered in favor of M/S Karam Industrial Works under Section 50 of the Copyright Act, 1957. The petitioner argued that the respondent had previously undertaken not to use 'K.I.W.' in relation to cycle parts, which is deceptively similar to K.W. The court observed that this matter was already being disputed in a separate civil suit (CS(COMM) 1035/2016).
M/S Goodwill Polypast & Anr v.The Supreme Industries Ltd
This Delhi High Court order addresses a revision petition filed by M/S Goodwill Polypast & Anr against The Supreme Industries Ltd. The underlying suit concerns permanent injunctions related to trademark infringement and passing off. While an exemption application was allowed, the main stay application concerning the striking off of the defendant's defence has been listed for further consideration on March 24, 2023.
Bundl Technologies Private Limited v.Pankaj Garg & Anr.
Bundl Technologies Private Limited, the registered proprietor of the well-known trademark 'SWIGGY', initiated proceedings against Pankaj Garg & Anr. alleging dishonest adoption of the mark. The Delhi High Court issued directions to both parties regarding the procedural aspects of the case, including filing replies and rejoinders within specified timelines. The court also set dates for the completion of pleadings before the Joint Registrar and subsequent hearing before the Court.
Sun Hydraulics Llc v.Sun Hydraulics Private Limited
In this trademark infringement suit, the Delhi High Court allowed the Plaintiff to introduce a rectified Legal Proceedings Certificate (LPC) late in the proceedings. Although the Defendant argued that the document was already in the Plaintiff's possession and control, the Court found that the newly issued LPC was not available at the time of filing the suit. However, due to the significant delay, the court imposed a cost of Rs. 25,000 on the Plaintiff.
Jk Lakshmi Cement Limited v.Ramesh Kumar & Anr.
In a series of rectification petitions, Jk Lakshmi Cement Limited sought the cancellation of several trademarks owned by Ramesh Kumar and others. The court noted that the respondents had entered into a settlement with the petitioner and subsequently filed applications with the Trade Marks Registry to voluntarily withdraw or cancel the disputed marks. Consequently, the Delhi High Court directed the Trade Marks Registry to expedite the processing of these withdrawal applications within three weeks, effectively disposing of the rectification petitions pending compliance.
Ms Bharat Irrigation Pvt. Ltd. v.The Controller General Of Patents Designs And Trade Marks Also Registrar Of Trade Marks & Anr.
The Delhi High Court addressed objections raised in a rectification petition concerning the trademark 'LUBI'. The respondents challenged the jurisdiction of the court, arguing that the registration occurred in Ahmedabad and not New Delhi. Furthermore, they contended that the petitioner's filing was barred by Section 124 of the Trade Marks Act, 1999, due to a prior pending suit in the District Court at Ahmedabad. Given these complex jurisdictional and procedural hurdles, the court decided to renotify the matter for further consideration.
Patanjali Ayurved Limited v.Yog Guru Ayurveda & Ors.
The Delhi High Court permitted Patanjali Ayurved Limited to amend its plaint in a trademark infringement suit against Yog Guru Ayurveda & Ors. The court found that the proposed amendments were procedural, correcting inadvertent errors and clarifying the scope of the claims without altering the substance or prejudice to the defendants. This allows the core dispute regarding alleged trademark infringement and passing off to proceed with more precise pleadings.
Samridhi Enterprises v.Flipkart Internet Private Limited & Ors.
Samridhi Enterprises filed a suit against Flipkart and several sellers for alleged infringement of its trade marks and copyrighted marketing materials related to car covers. The court recognized the prima facie case of infringement, particularly concerning the unauthorized use of design look-and-feel and promotional imagery by third-party sellers on the platform. Crucially, the court issued an interim injunction restraining these infringing parties from using the plaintiff's intellectual property until the full trial can proceed.
Pidilite Industries Limited v.Mr. X, Trading As, M/S Prabhat Store
In a trademark infringement case concerning Pidilite Industries Limited's products (FEWIKWIK and M-SEAL), the Delhi High Court granted an extension for its local commissioners. The court allowed the plaintiff to continue seizing counterfeit goods based on new market evidence, ensuring that enforcement actions could proceed until the next hearing date. This order maintains the status quo regarding anti-counterfeiting measures while allowing defendants time to prepare their defense.
Ashok Kumar Gupta & Anr. v.Sandip @ Sandeep Yadav & Anr.
The Delhi High Court initiated trademark opposition proceedings where Petitioners, established users of a mark in the Plaster of Paris (POP) business since 2004, sought cancellation of a registered mark held by Respondent No. 1. The court allowed an initial application for exemption regarding document filing while setting out the procedural framework for the dispute. Notice was issued to the respondents, and the parties were directed to file detailed submissions before further hearings.
Ozone Overseas Private Limited v.Sukkhjinder Singh Virdi & Ors.
The Delhi High Court framed issues in the suit filed by Ozone Overseas Private Limited against Sukhkjinder Singh Virdi & Ors. The litigation involves multiple IP claims, including infringement of the registered trademark OZONE/OZONE DEVICE and copyright infringement related to product catalogues and logos. Furthermore, the plaintiff has alleged passing off due to the defendants' use of near-identical materials. This order sets the stage for a full trial addressing territorial jurisdiction, ownership rights, and damages.
Purushottam Singhal Proprietor Ms. Prime Cable Industries v.Registrar Of Trade Marks & Anr.
The Delhi High Court addressed a dispute concerning the proper service of an objection notice related to a trademark application. The core issue was whether the appellant (Purushottam Singhal Proprietor Ms. Prime Cable Industries) actually received the notice sent by the Registrar of Trade Marks, who claimed it was delivered to their agent. Given the conflicting claims regarding service, the Court decided not to rule immediately.
Visage Beauty & Healthcare Pvt. Ltd. v.Herbal Carts & Ors.
The Delhi High Court issued several crucial interim orders in the trademark infringement suit, Visage Beauty & Healthcare vs Herbal Carts & Ors. The court directed Fashnear Technologies Pvt. Ltd., an e-commerce intermediary, to provide contact details of sellers listing infringing products on its platform. Furthermore, the court allowed the impleadment of a proposed defendant involved in alleged collusion and deferred the request by Facebook Inc. to modify existing interim injunction terms regarding 'similar' vs. 'identical' URLs.
Smithkline Beecham Limited v.Gskfinancial.Com & Ors.
In this Delhi High Court order, Smithkline Beecham Limited sought relief against rogue websites operating under similar domains like gskfinancial.com. The plaintiff alleged that these sites were fraudulently collecting money from the public while incorporating its corporate identity and trademarks (GSK). The court issued extensive interim directions, including permanent injunctions against trademark infringement, restraints on domain name registration, and specific orders to block access to fraudulent websites and freeze associated bank accounts.
Inbrew Beverages Pvt. Ltd. v.Mount Shivalik Industries Ltd. & Anr.
Inbrew Beverages Pvt. Ltd. filed a petition seeking the removal of an identical trademark from the register, arguing that their own mark was already registered. The Delhi High Court found a prima facie case in favor of Inbrew but granted Mount Shivalik Industries Ltd. an opportunity to respond before making a final decision on the removal prayer. This interim order sets the stage for further litigation regarding trademark rights.
Landmark Crafts Private Limited v.Union Of India Through Its Secretary & Anr.
This order in Landmark Crafts Private Limited vs Union Of India concerns the rectification of Trademark No. 266607. The court noted that the matter was pending and scheduled it to be listed before the IP Division on March 2, 2023. This procedural step indicates the ongoing legal process aimed at correcting issues related to the registered trademark.
Claridges Hotel Pvt Ltd v.Mr. Rajdeep Sharma & Anr.
Claridges Hotel Pvt Ltd filed a contempt petition alleging that Mr. Rajdeep Sharma and others were willfully disobeying a prior court order dated May 11, 2017. The original order required the respondents not to use the 'CLARIDGES' trademark. Claridges presented evidence showing the respondent continued using the trademark for a real estate project in advertisements. While the petition was filed alleging infringement and contempt, the Court issued directions for further proceedings rather than delivering a final judgment.
Saurav Chaudhary v.Union Of India & Anr.
Saurav Chaudhary filed a writ petition seeking mandamus from the Delhi High Court to compel the Controller General of Patents, Designs and Trademarks to restore his patent application. The application, for a "Blind-Stitch Sewing Machine," had been deemed abandoned under Section 21(1) of the Patents Act, 1970. Chaudhary contended that the abandonment was an error caused by his erstwhile Patent Agent and that he never intended to abandon the invention.
H.S. Sahni, Sole Proprietor M/S M. K. Auto Sales Corporation v.Saic Motor Corporation Limited & Ors.
The Delhi High Court addressed an interlocutory application filed by the plaintiff, H.S. Sahni, seeking a stay under Section 124 of the Trademarks Act, 1999. The court issued notice to the defendants and set the matter for return on July 4, 2023. This order indicates that the dispute regarding trademark rights is actively progressing through litigation.
Exxon Mobil Corporation v.Mobilfuels Private Limited & Anr.
In this trademark dispute, Exxon Mobil Corporation challenged the use of an impugned mark by Mobilfuels Private Limited. While the defendant claimed to be giving up the mark, the court noted that the defendant had also filed a registration application which needed withdrawal. The court directed the defendant to place communication regarding the withdrawal on record and scheduled a future hearing specifically to address claims for costs and damages.
Gopika Industries v.The Registrar Of Trade Marks, Trade Marks Registry & Ors.
The Delhi High Court addressed a dispute concerning the renewal of Trademark No. 1039952, which was originally registered under Dayal Industries Limited but subsequently renewed in the name of its sister concern. The court heard arguments regarding whether this change constituted a bona fide mistake or an improper transfer. To clarify the complex factual matrix, the Court issued directions requiring all relevant respondents to file detailed affidavits and produce supporting documentation within three weeks.
Glaxo Group Limited v.Maiden Pharmaceuticals Limited
The Delhi High Court addressed an application seeking interim injunctive relief regarding trademark infringement in the pharmaceutical sector. The court found prima facie substance in Glaxo Group Limited's claim against Maiden Pharmaceuticals Limited concerning the marks BETNOMAID and MEDNOVATE, ruling that these were deceptively similar to the plaintiff's registered trademarks (BETNESOL/BETNOVATE). Consequently, an injunction was granted restraining the defendant from using these specific marks pending the final suit. However, the court declined to grant an injunction against the mark BETASON.
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