Mixed
1,014 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
1014 cases | Page 28 of 34
Jindal Stainless (Hisar) Ltd. v.Mukesh Dalmia
In this Delhi High Court order, Jindal Stainless sought to cancel an upcoming evidence recording date before a Local Commissioner. The request was made because the Plaintiff had filed rectification proceedings challenging the Defendant's trademark registration. Since the Defendant raised no objection, the court allowed the application and cancelled the scheduled date, allowing the parties to mutually fix a new convenient time.
Kuvam Gujral v.Ashim Gujral & Ors
This appeal challenges a single judge's order that restrained the appellant from using the trademark 'Moti Mahal'. The core dispute revolves around the devolution of proprietary rights in the unregistered trademark following the death of its original applicant. The appellant argues that since the trademark was inherited by multiple branches through intestate succession, all descendants should have the right to use it, preventing exclusion.
T K D Keerthi, Sole Proprietress, M/S Lifeimpressions v.Yamini Manohar
The Delhi High Court addressed an appeal filed by T K D Keerthi against the Commercial Court's decision regarding an interim injunction. While the appellant initially accepted waiting for a final decision, the core grievance centered on the lower court prematurely deciding material issues related to trademark abandonment. The Court subsequently issued notice to the respondent, allowing the litigation to proceed and address these specific concerns.
Parmesh Construction Company Limited v.Mahinder Bhutani & Anr.
Parmesh Construction Company Limited filed a petition seeking the cancellation and rectification of Mahinder Bhutani's registered mark 'BHUTANI'. The court noted that while the petitioner argued 'BHUTANI' is a common surname, they also use it in their own trademark 'BHUTANI INFRA'. The court directed notice to be issued to the respondents and scheduled further hearings, indicating the matter will proceed through litigation.
Amritsar Rice Land v.Sumit Bansal & Anr.
In this ongoing trademark dispute concerning rice products, the Delhi High Court issued a critical interim order regarding seized inventory. Recognizing that rice is a perishable commodity, the court permitted the Defendants to dispose of the substantial stock (30,000-35,000 kgs) held under local commissioner's supervision. This relief was contingent upon the Defendants depositing Rs. 7,50,000/- with the court and strictly adhering to a complete cessation of further manufacture or sale under the disputed brands.
Ds Intellectual Properties Pvt. Ltd. v.Mr. Faizi Khan
This Delhi High Court order addresses a trademark infringement suit filed by Ds Intellectual Properties Pvt. Ltd. against Mr. Faizi Khan regarding the use of similar marks, specifically '0'/'ZERO' versus '00', on respective products. The court noted the dispute over consumer confusion and directed the defendant to consider modifying their mark or label design. Crucially, the defendant was ordered to cease manufacturing fresh stock using the disputed marks pending further proceedings.
New Bharat Overseas v.Kian Agro Processing Private Limited & Ors.
The Delhi High Court addressed a trademark infringement suit concerning the mark 'TAJ MAHAL' used for rice. While the plaintiff holds Indian registration, the court noted that a Saudi Arabian entity also possesses similar trademark rights in its country of origin. The court allowed both parties time to file detailed written statements and granted an undertaking from the defendant not to sell or distribute the product outside India and Saudi Arabia. Crucially, the court directed the plaintiff to array the foreign entity as a party, indicating that the matter requires further examination regarding international trademark rights.
Impresario Entertainment And Hospitality Pvt. Ltd. v.M/S. Orangebelly Food And Beverages Pvt. Ltd. & Anr.
In this trademark infringement suit, the Defendants sought to return the plaint due to a lack of territorial jurisdiction, arguing that the Plaintiff's principal place of business was in Mumbai while the Defendant operated only one restaurant in Patna. The Delhi High Court rejected the immediate request for return of the plaint, noting the Plaintiff's successful history of obtaining injunctions across various jurisdictions. Consequently, the court ordered that the status quo be maintained by the Defendant until further orders, allowing the litigation to proceed.
Dr Ramesh Chander Munjal & Ors. v.Dr Suraj Munjal & Ors.
The Delhi High Court addressed two connected suits, one concerning the infringement of the registered trademark 'SPECTRA EYE' and the other dealing with immovable property partition. The court noted that the trademark issue was complex and had been extensively heard by another bench. Consequently, the matter was listed for further adjudication before Hon'ble Mr. Justice Amit Bansal on May 11, 2022.
Osram Gmbh & Anr. v.Tejmeet Singh Sethi & Anr.
In this Delhi High Court matter, the court addressed the ongoing suit concerning the 'OSRAM' trademark. The defendants voluntarily expressed their intent to abandon two specific trademark applications for the mark. Consequently, the court confirmed the existing interim injunction granted in favor of Osram Gmbh & Anr., while also directing the parties to list all relevant trademark filings for future consideration.
Aktiebolaget Volvo & Ors. v.Woodol International & Ors.
The Delhi High Court partially ruled in favor of Volvo, granting a preliminary decree against Woodol International regarding the unauthorized use of the 'VOLVO' trademark on lubricants. Despite initial defenses by the defendants claiming no infringement and non-compliance with mediation requirements, the court accepted the affidavits stating that the defendants had ceased or were not manufacturing under the mark. The suit will now proceed to trial to determine the final quantum of damages and rendition of accounts.
The Goodyear Tire And Rubber Company and Goodyear India Ltd. v.Deva Nand Sukhia
The Delhi High Court addressed a trademark dispute where Goodyear sought an injunction against Deva Nand Sukhia for using the 'GOOD YEAR' mark in relation to lubricants and greases. The court affirmed that 'GOOD YEAR' is a well-known mark, granting an interim injunction restraining its use across various goods. Although the Plaintiff initially sought damages, they agreed not to press this relief after the Defendant tendered an apology, resulting in the decree being passed with costs imposed on the defendant.
Enlearn Education Private Limited & Anr. v.Sd Memorial Education And Welfare Society & Anr.
The Delhi High Court addressed an injunction application filed by Enlearn Education Private Limited against Sd Memorial Education Society concerning the use of the mark 'HERITAGE'. The court found prima facie grounds for intervention, noting that the Defendants adopted a similar name ('THE HERITAGE PRIDE MODERN SCHOOL') after being aware of the Plaintiffs' established trademark rights. Consequently, the Court issued an immediate directive restraining the Defendants from opening any further schools incorporating the word 'HERITAGE' or applying for recognition under that name. The court reserved the final decision on interim relief regarding the existing school until proper notice was served.
Zydus Wellness Limited v.Mis. Siddhi Margarine Specialities Limited
This Delhi High Court order addresses a suit previously decreed between Zydus Wellness Limited and Mis. Siddhi Margarine Specialities Limited. Following an amicable resolution, both parties had deposited funds with the DHCBA Pandemic Relief Fund. The court noted compliance regarding deposits and stock statements. Crucially, the court directed the Registrar of Trademarks to process the modification/alteration forms filed by Defendant No.1 concerning their registered marks.
Usha International Limited v.Citizen Udyog
The Delhi High Court addressed applications filed by the defendant seeking vacation of an interim injunction and return of the plaint due to lack of territorial jurisdiction. While the defendant argued that all operations were outside Delhi, the plaintiff countered by citing Section 134 of the Trademarks Act and evidence showing export activities originating from ICD Delhi. The court directed both parties to obtain and file the Local Commissioner's report and related photographic evidence before proceeding with the substantive arguments.
Saga Lifesciences Limited v.Aristo Pharmaceuticals Pvt. Ltd.
In a trademark infringement suit concerning the brand 'ULTRAMOL', the Delhi High Court recognized Saga Lifesciences Limited as the prior adopter and user of the mark for pharmaceutical preparations. Despite initial procedural applications being disposed of, the court appointed a Local Commissioner to inspect the premises of Aristo Pharmaceuticals Pvt. Ltd. The commissioner is tasked with inventorying products bearing both 'ULTRAMOL' and 'ARISTO ULTRAMOL', and critically, examining the sales accounts of the defendant to assess the scope of alleged infringement.
Amritsar Rice Land v.Sumit Bansal & Anr.
In this ongoing trademark dispute concerning rice products, the Delhi High Court issued a critical interim order regarding seized inventory. Recognizing that rice is a perishable commodity, the court permitted the Defendants to dispose of the substantial stock (30,000-35,000 kgs) held under local commissioner's supervision. This relief was contingent upon the Defendants depositing Rs. 7,50,000/- with the court and strictly adhering to a complete cessation of further manufacture or sale under the disputed brands.
Ms Aman Engineering Works v.Registrar Trade Marks Trade Marks Registry New Delhi & Anr.
This Delhi High Court order addresses the status of two trademark applications, 'RITE KRANTI' and 'B&M KRANTI,' which are subject to review regarding potential abandonment. The core legal question revolves around whether applications for abandoning these trademarks could be accepted after a significant passage of time. Furthermore, the court noted that the Petitioner had previously filed an opposition against these very marks in 2020, adding complexity to the ongoing dispute.
Daewoong Pharmaceutical Co. Ltd. v.Controller General Of Patents Designs And Trademarks
Daewoong Pharmaceutical appealed the rejection of its Indian Patent Application (No.201817048074), which covered a crystalline form of compound c28. The rejection was based on Section 3(d) of the Patents Act, 1970, as the drug was considered known and lacked enhanced therapeutic efficacy. Daewoong sought to introduce additional data demonstrating superior properties like stability and dissolution rates. The High Court accepted the application for additional documents but framed two critical issues: whether this post-filing data is admissible, and if the crystalline form ultimately meets Section 3(d) requirements.
Harjit Kaur & Ors. v.Jaywantjit Singh & Anr.
The Delhi High Court addressed a dispute concerning the trademark 'CAMPA,' which is registered to Plaintiff No. 2 (Campa Beverages Pvt. Ltd.). The plaintiffs alleged that Defendant No. 1, despite not being a shareholder or director, was filing numerous new trademark applications using the CAMPA prefix and managing brand operations. While the court allowed an exemption from filing original documents, it primarily focused on procedural steps for the main suit. Crucially, the court established that Defendant No. 1 is bound by his statement that he has not commenced use of the mark until a final decision is rendered in the ongoing litigation.
M/S Vans Inc. Usa v.Fcb Garment Tex India ( P) Ltd. And Anr
The Delhi High Court took proactive steps to streamline complex intellectual property disputes involving M/S Vans Inc. Usa and Fcb Garment Tex India. The court ordered the consolidation of three separate trademark rectification petitions concerning the marks 'IVANS NXT', 'IVANS', and 'IVANS Active'. Furthermore, it directed the transfer of a related civil suit from the Patiala House Courts to be heard alongside these IP matters. This move ensures that all interconnected disputes are adjudicated together under one judicial umbrella.
Radico Khaitan Ltd. v.Registrar Trade Marks
Radico Khaitan Ltd. appealed the rejection of its trademark application 'EFKAY'S XXX RUM (DEVICE)' by the Registrar of Trademarks, citing conflicts with existing marks. The appellant argued that several related 'EFKAYS' series marks had been legally assigned to them. The Delhi High Court acknowledged the arguments and directed all related appeals concerning similar mark rejections to be listed together for a comprehensive hearing.
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.
Ashok Kumar Gupta & Anr. v.Neeram Garg & Ors.
In this commercial suit concerning the brand SAKRNI PLASTER, the Delhi High Court issued several procedural orders on April 7, 2022. The court granted exemptions to the Plaintiffs regarding document filing and advance notice service due to urgency. Crucially, the court allowed an application for ex-parte ad-interim injunction under Order 39 Rules 1 and 2 CPC, leading to the appointment of Local Commissioners to seize infringing products and inspect the Defendants' premises.
Ds Intellectual Properties Pvt. Ltd. v.Mr. Faizi Khan
This Delhi High Court order addresses a trademark infringement suit filed by Ds Intellectual Properties Pvt. Ltd. against Mr. Faizi Khan regarding the use of similar marks, specifically '0'/'ZERO' versus '00', on respective products. The court noted the dispute over consumer confusion and directed the defendant to consider modifying their mark or label design. Crucially, the defendant was ordered to cease manufacturing fresh stock using the disputed marks pending further proceedings.
Rpg Enterprises Limited v.M/S Vijay Goel & Anr.
The Delhi High Court dismissed the defendants' application seeking further time to file their written statement in a trademark infringement suit. The court emphasized that despite pandemic-related considerations, the defendants were fully aware of the proceedings and failed to adhere to strict timelines. While denying the extension, the court also directed the defendants to file an affidavit detailing the quantum and sales figures of products using the disputed 'RPG' mark.
Shivnath Rai Harnarain India Ltd. v.Mr. Rakesh Kumar And Ors
In this trademark dispute, the Delhi High Court provided a final opportunity for the Plaintiff, Shivnath Rai Harnarain India Ltd., to formally include an assignee of the trademarks 'LALMAHAL' and 'SHRILALMAHAL' in the ongoing litigation. The court noted that the assignment occurred in 2018 and granted four weeks to file the necessary application. Failure to do so will result in the suit proceeding without the new party on record.
Bpi Sports Llc v.Saurabh Gulati & Anr.
The Delhi High Court issued an order in the trademark opposition case involving Bpi Sports Llc and Saurabh Gulati. Despite initial claims of non-service, the court found that Respondent No.1 had been served through multiple modes (speed post, email, mobile), leading to him being proceeded against ex parte. Crucially, the court mandated that a status quo be maintained regarding Trademark Registration No. 4422891 for the mark 'BPI SPORTS', preventing any assignment or license during the pendency of the matter.
Usha International Limited v.Registrar Of Trademarks And Anr.
Usha International Limited filed a petition seeking the removal/cancellation of the mark 'WSHA' from the Trade Marks Register, arguing that it is deceptively similar to their long-standing mark 'USHA'. The Delhi High Court accepted the petition and issued notice to the respondents. The matter was subsequently listed for further arguments on April 4, 2022.
Calvin Klein Trademark Trust & Anr. v.M/S. R.J Enterprises & Ors.
In a trademark infringement suit brought by Calvin Klein Trademark Trust against M/S. R.J Enterprises, the Delhi High Court facilitated a potential settlement pathway. The court noted that Defendant No. 1 offered an undertaking to cease using the disputed marks if the Plaintiff waived their claim for damages. The Plaintiff agreed to this condition provided the Defendant paid INR 75,000/- towards local commission charges. This order sets the stage for further negotiation and resolution of the dispute.
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