Mixed
715 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
715 cases | Page 22 of 24
Vinod Snacks and Confectioners Private Limited v.Vinod Multifood Products Private Limited
The Delhi High Court addressed a trademark infringement suit filed by Vinod Snacks & Confectioners Pvt. Ltd. against Vinod Multifood Products Pvt. Ltd., concerning the use of the trademarks 'POOJA' and 'SHIV'. While the court allowed the main suit to proceed, it granted an interim injunction restraining the defendants from independently selling products under these marks. However, the defendants were permitted to continue supplying these products to the plaintiff, provided separate sales accounts are maintained.
Terrace Pharmaceuticals Pvt. Ltd. v.The Controller General Of Patents, Designs and Trademarks & Anr.
In this matter concerning a petition before the Delhi High Court, the court addressed several procedural applications. While certain motions were disposed of, the bench issued a critical direction requiring the petitioner to implead the actual registered proprietors of the trademark in question. This step is necessary because a favorable ruling could lead to the cancellation of their registered mark, ensuring all stakeholders are heard before proceeding with the core dispute.
Rajdhani Masala Co & Anr. v.Victoria Foods Private Limited
The Delhi High Court addressed the trademark dispute between Rajdhani Masala Co & Anr. and Victoria Foods Private Limited, which centers on the use of the 'RAJDHANI' mark. While the appellants claimed long-standing usage since 1965, the court noted a lack of concrete evidence, such as sales invoices, to establish prima facie commercial use of the trademark on their goods. The Court directed both parties to file the complete record before proceeding further in the litigation.
STANLEY BLACK AND DECKER, INC. v.STANLEY SWITCHGEAR PRODUCTS
The Delhi High Court addressed the initial proceedings in the trademark infringement and passing off suit filed by Stanley Black and Decker against Stanley Switchgear Products. While allowing procedural applications for filing additional documents, the court formally registered the plaint as a suit seeking permanent injunction based on an alleged violation of a 1975 undertaking regarding the use of the 'Stanley' trademark. Crucially, the court denied the plaintiff's request for an immediate ex-parte interim injunction, noting that there was no apparent evidence of goods being marketed beyond the scope of the original agreement.
Wako India Kickboxing Federation v.Wako India Kickboxing Federation & Anr.
The Delhi High Court allowed the plaintiff's application seeking exemption from certain procedural requirements, while simultaneously registering the main plaint as a formal civil suit. The suit was filed under Section 57(2) of the Trade Marks Act, 1999, seeking the removal and rectification of specific trademarks registered in the defendant's name. The court issued detailed directions for serving summons and ensuring timely filing of written statements and rejoinders by both parties.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Rishabh Kaushal & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Gujarat Cooperative Milk Marketing Federation Ltd concerning the misuse of its 'AMUL' brand on social media. While initial injunctions were granted, the court examined the claims for damages against Defendants No. 1 and No. 4. Recognizing that both defendants had taken remedial steps, including removing the infringing content, the Court dismissed the claim for damages due to a lack of evidence of loss suffered by the Plaintiffs. Consequently, the suit was closed against these two defendants, while proceedings remain pending against Defendant No. 5.
Sap Se v.Sanjay Kumar Goel & Anr.
In a trademark dispute concerning the names 'SAP' and 'SAPPY', the Delhi High Court took two key actions. First, it confirmed an existing interim injunction after the defendants withdrew their trademark applications, thereby protecting the plaintiff's interests temporarily. Second, recognizing the parties' willingness to resolve the conflict amicably, the court directed both sides to participate in mediation, signaling a move towards settlement for the ongoing commercial suit.
V GUARD INDUSTRIES LTD v.SUKAN RAJ JAIN & ANR.
In a trademark dispute before the Delhi High Court, both parties expressed interest in reaching an amicable resolution. Consequently, the court referred the matter to the Mediation & Conciliation Centre for settlement discussions. The court also listed the case for reporting any settlement on November 9, 2021, while maintaining existing interim orders.
HT MEDIA LIMITED v.BRAINLINK INTERNATIONAL, INC.
The Delhi High Court addressed multiple interlocutory applications in a trademark infringement suit between HT Media Limited and Brainlink International, Inc. The court provided procedural directions regarding the continuation of interim orders, setting deadlines for parties to file replies to various applications (including those seeking anti-suit injunctions and condonation of delay), and scheduled further hearings for pleading completion.
Dimple Madhulal Bhatia v.Union Of India & Anr.
The Delhi High Court addressed a writ petition filed by Dimple Madhulal Bhatia against the Union of India regarding delays in processing trademark applications. The petitioner sought an urgent direction for the Registrar of Trademarks to schedule hearings and expedite the examination of her pending trademarks. While the respondent argued that matters were being processed according to seniority, the court intervened, directing the concerned authority to deal with the petitioner's applications preferably within four months.
Arun Kumar Murarka v.Rajesh Sultania & Anr
The Delhi High Court addressed applications filed by Arun Kumar Murarka concerning the trademark dispute against Rajesh Sultania & Anr. The core issue involves a petition seeking rectification/cancellation of the 'KAILASA' trademark (Reg. No. 4701472) due to its alleged deceptive similarity to the petitioner's mark, 'KAILASHA'. While an exemption application was allowed, the court proceeded by issuing notice to the defendant and listing the matter for further hearing on October 12, 2021.
KAIRA DISTRICT COOPERATIVE MILK PRODUCERS UNION LTD & ANR. v.REGISTRAR OF TRADEMARKS & ORS.
The Delhi High Court issued several directions in this trademark dispute involving the 'AMUL' brand. The court allowed an application seeking to implead a specific applicant as a respondent, while simultaneously directing the Registrar of Trademarks to file an affidavit detailing the current status of advertisements related to the mark. This ongoing litigation focuses on clarifying the scope and validity of the registered trademark.
Sagacious Research Private Limited v.Vivek Dahiya & Ors.
In this matter concerning the 'SAGACIOUS' mark, the parties agreed to pursue an amicable resolution rather than immediate litigation. The court facilitated this by directing both the plaintiff and defendants to attend mediation and conciliation proceedings on August 23, 2021. While some interlocutory applications were allowed subject to exceptions, the primary focus shifted towards resolving the trademark and domain name disputes outside of court.
P. P. Jewellers Retail Private Limited & Ors. v.P. P. Jewellers Private Limited
The Delhi High Court addressed an appeal challenging a District Court's directions regarding the use of trademarks in a family business dispute. While initially restraining P. P. Jewellers Retail Private Limited from using the plaintiff's marks, the court granted a stay on these injunctions, acknowledging the appellants' long-standing and acknowledged use of the trademarks within the family structure. Furthermore, the Court appointed a Local Commissioner to inventory the stock at the shared showroom premises, ensuring proper accounting between the competing entities.
Reckitt Benckiser India Private Limited v.Hindustan Unilever Limited
Reckitt Benckiser sought an interim injunction against Hindustan Unilever, alleging that HUL's advertising campaign disparaged its product, Harpic. The Delhi High Court examined the claims of false and misleading comparisons between the two toilet cleaner brands. While the court found prima facie evidence suggesting one specific print advertisement denigrated Harpic, it reserved judgment on the remaining advertisements, requiring a detailed reply from the defendant before making a final determination.
Kent Ro Systems Pvt Ltd v.Pushpendra Yadav
Kent Ro Systems Pvt Ltd filed a suit alleging that Defendant No. 1's product infringes its registered design for a water purifier. The plaintiff asserted that the shape and configuration of the defendant's product imitated their protected design, citing Section 22 of the Designs Act, 2000. The defense challenged this claim, arguing that novelty resided only in specific portions of the design. To properly assess the complex issue of design infringement, the court permitted both parties to submit comparative charts detailing the similarities and differences between the designs.
Pepsico Inc. v.Parle Agro Private Limited
The Delhi High Court addressed several interlocutory applications in the trademark dispute between Pepsico Inc. and Parle Agro Private Limited. The court granted certain exemptions while noting that the defendant intended to file an application seeking rectification under Section 124 of the Trademarks Act. The matter was subsequently renotified for further hearing on August 5, 2021.
Stanley Switchgear Products v.Sunil Agarwal & Anr.
The Delhi High Court disposed of an appeal filed by Stanley Switchgear Products challenging a Commercial Court order regarding trademark infringement and passing off concerning the 'STANLEY' mark used for wires and cables. The core dispute centered on conflicting claims of prior usage dates. Ultimately, the court facilitated an amicable resolution, with the respondents agreeing not to seek interim injunctions against the appellant's use of the mark. Furthermore, the court suggested a permanent settlement where both parties could distinguish their products by adding unique house marks.
Alkem Laboratories Ltd. v.Nava Healthcare Pvt. Ltd. & Ors.
In this trademark infringement suit concerning pharmaceutical products, the Delhi High Court addressed the plaintiff's request for immediate interim injunction. The court declined to grant an ex parte order, emphasizing that the defendants had claimed prior use of the mark since 2018 and that public interest required them to be given a chance to respond. Consequently, notice was issued to the defendants, allowing the litigation process to proceed with due consideration for all parties.
Aktiebolaget Volvo & Ors v.Vaishali Travels & Anr.
In a case concerning the use of the 'VOLVO' trademark, the Delhi High Court facilitated a settlement between the plaintiffs (Aktiebolaget Volvo & Ors) and defendant No. 2. The court ordered that the settlement, wherein the defendant agrees not to use the registered trademark 'VOLVO', must be placed on record within two weeks. This order confirms an earlier interim decision and keeps the litigation moving toward resolution.
Renaissance Hotel Holdings, Inc. v.Rajendra Mahadev Dakare
In this trademark infringement suit, Renaissance Hotel Holdings, Inc. sought a temporary injunction against Rajendra Mahadev Dakare regarding the use of the mark 'RENAISSANCE'. The plaintiff argued that their established global hospitality brand was being threatened by the defendant's application for a similar mark. The Delhi High Court allowed the necessary applications and issued notice to the defendant, allowing the suit to proceed while granting interim relief pending further hearings.
Mahaan Foods Ltd & Anr. v.Calpro Specialities Pvt Ltd
In this Delhi High Court matter concerning trademark disputes, the court observed significant procedural difficulties on the part of the respondent. Despite being notified about the termination of key trademark license agreements, the respondent failed to provide a formal response and instead changed legal counsel without adequate instructions. Given these compounding issues, the bench decided to stay the operation of the impugned orders in the appeals, allowing time for the matter to be properly addressed.
Anil Rathi v.Shree Sidhbali Steels Private Limited & Ors.
This Delhi High Court order addresses a trademark dispute concerning the use of 'Rathi' in manufacturing steel items. The plaintiff, Anil Rathi, challenged the defendants' use of the mark, alleging that a lease agreement was merely a camouflage for unauthorized production. While the defendants claimed they were operating under a valid license, the court allowed the plaintiff to file an additional affidavit and documents regarding a guarantee provided by Defendant No.1 to secure loans for Defendant No.2. The interim injunction remains in place pending further arguments.
Snapdeal Private Limited v.Godaddycom Llc And Ors
Snapdeal Private Limited filed an application seeking a temporary injunction against Godaddycom and others, alleging widespread infringement of its registered 'SNAPDEAL' trademark through the registration and offering of infringing domain names. The court examined the feasibility of granting such a broad injunction, particularly concerning the ability to prevent the registration of any domain name containing the mark. While acknowledging the plaintiff's claims of infringement, the judge required further clarification from the defendant regarding the practical implementability of the requested relief before making a final decision on the interim order.
The Himalaya Drug Company & Ors v.Ashok Kumar & Ors
The Delhi High Court issued interim protective orders in favor of The Himalaya Drug Company against Ashok Kumar & Ors regarding trademark infringement. The court restrained the defendants from using Himalaya's registered logos, trademarks (including 'Himalaya Pure Herbs'), specific domain names like <himalayawelness.com>, and associated email IDs. Furthermore, the court directed the freezing of certain websites and domain names to prevent further unauthorized capitalization on the plaintiff's goodwill.
Allied Blenders And Distillers Private Limited v.Prakash Distillery And Chemical Co Private Limited
The Delhi High Court addressed a challenge to the court's territorial jurisdiction raised by the defendant in a trademark dispute. While acknowledging that the cause of action is not strictly necessary under Section 134 of the Trademarks Act, 1999, the Court required both parties to clarify their business presence across various locations (Delhi, Kolkata, Siliguri). The court directed the filing of specific affidavits detailing office locations and sales activities before reserving judgment on interim relief.
Sony Interactive Entertainment Europe v.Union Of India And Ors
Sony Interactive Entertainment Europe challenged the refusal of its trademark registration by the Registrar of Trademarks. The Delhi High Court disposed of the writ petition, directing the Registrar to treat the matter as a representation and reconsider the registration issue. This interim order allows Sony to address the concerns raised under Section 9 of the Trademarks Act without immediately litigating the merits in court.
Aap Ki Pasand & Anr v.New Direction Exports & Crafts
In this trademark dispute, the defendant sought to establish a prior right by claiming they purchased the 'ANDEES' trademark and logo from a third party in 2018. The court accepted the defendant's temporary commitment to cease using the disputed packaging pending further proceedings. This order indicates that the matter is still actively litigating, with both parties encouraged to attempt an out-of-court resolution.
Rajendra Kumar Nanda & Ors. v.Dinesh Chandra Khimji Nandha & Ors.
In this trademark dispute, the Delhi High Court addressed applications seeking interim injunctions related to business operations, trade name usage, and trademark registration. While the court noted the plaintiffs' claims regarding family rights and potential infringement of their 'Khimji Jewels' mark, it also considered the defendants' counter-arguments, including challenges to existing agreements. The court ultimately issued an interim restraint order preventing the defendants from publishing any defamatory or disparaging advertisements against the plaintiffs until further hearing.
Bajaj Auto Limited v.M/S Yc Electric Vehicle & Ors.
In this ongoing trademark dispute, Bajaj Auto Limited sought compliance regarding the use of its 'CHETAK' brand. The Delhi High Court noted that the defendants claimed no E-rickshaws under the 'CHETAK' trademark had been sold since a previous interim order was issued. Consequently, the court directed the defendants to file an affidavit addressing these claims within three weeks, keeping the litigation moving forward.
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