Mixed
716 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
716 cases | Page 3 of 24
Abbvie Ireland Unlimited Company v.Controller General Of Patents, Design, Trademark And Geographical Indications & Ors.
Abbvie Ireland Unlimited Company challenged the slow pace and procedural irregularities in the handling of its Patent Application No. 8004/DELNP/2011, which was subject to multiple pre-grant oppositions under Section 25(1) of the Patents Act, 1970. The petitioner raised concerns regarding mechanical issuance of notices and delays in pronouncing orders after hearings were concluded. The Delhi High Court intervened, directing the Controller General's office to expedite the process and pass a consolidated order on all pending oppositions by December 31, 2025.
Reckitt And Colman (Overseas) Hygiene Home Limited & Ors. v.Ashok Kumar(S)/John Does & Ors.
In a significant commercial dispute concerning the HARPIC brand, the Delhi High Court issued several procedural orders favoring the Plaintiffs (Reckitt And Colman). The court allowed the plaintiffs to file additional documents and granted exemptions regarding pre-litigation mediation and advance service. Crucially, the court also permitted an ex parte ad interim injunction by appointing Local Commissioners to conduct inspections of the alleged infringing products, reinforcing the strength of the brand's trademark and trade dress protection.
Xx v.Yy
The Delhi High Court granted an ex-parte ad-interim injunction in favor of the Plaintiff (Xx) against the Defendants (Yy) concerning trademark infringement and passing off. The court found that the Defendant's use of 'KAMA GEMS' was deceptively similar to the Plaintiff's registered marks, leading to a restraint on selling infringing products and preventing disparagement. Additionally, the court granted several procedural reliefs, including exemption from pre-litigation mediation.
Thrillophilia Travel Solutions Private Limited & Anr. v.Mrs Vishali Maggo & Ors.
Thrillophilia Travel Solutions filed a suit seeking permanent injunction against defamation and disparagement of its trademark 'THRILLOPHILIA' by individuals who posted negative comments online. The Delhi High Court granted an interim restraint, preventing the defendants from uploading any new defamatory content using the Plaintiffs' marks or disparaging language on social media platforms. This order also allowed the Plaintiffs to file additional documents in the ongoing commercial suit.
Dhanuka Agritech Limited v.Agrim Wholesale Private Limited & Anr.
The Delhi High Court issued a significant order in the trademark infringement suit filed by Dhanuka Agritech Limited against Agrim Wholesale Private Limited. The court granted several procedural exemptions, including waiving pre-institution mediation due to the urgency of the matter. Crucially, the court allowed the Plaintiff's request for an urgent interim injunction and directed the appointment of Local Commissioners to inspect and inventory the alleged infringing goods, setting a clear path for immediate evidence gathering in the dispute.
Pataka Industries Private Limited v.Verinder Cigrate Store And Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Pataka Industries against Verinder Cigrate Store. The court granted exemptions from advance service, filing certified copies, and mandatory pre-institution mediation, allowing the case to proceed swiftly. Crucially, the court permitted a Local Commissioner to execute a commission to seize stock bearing similar marks ('S02 PATAKHA') to the Plaintiff's registered trademark '502 PATAKA', signaling strong judicial support for immediate injunctive relief.
Tommy Hilfiger Europe Bv & Anr. v.Mr Lalit Kumar Goel & Ors.
In this commercial suit concerning trademark infringement, the Delhi High Court granted several procedural reliefs in favor of the plaintiffs, Tommy Hilfiger and Calvin Klein. The court exempted them from pre-institution mediation due to the urgency of interim relief sought. Furthermore, it allowed an exemption from advance service to the defendants, recognizing the imminent risk that the defendant might conceal infringing operations. Crucially, the court directed local commissioners to inspect the premises to ascertain the value of deceptively similar stock and gather evidence against the alleged infringers.
Pooja Electric Co. v.Anand Tomar Trading As Pooja Rading Company
In this intellectual property dispute, the Delhi High Court allowed the plaintiff, Pooja Electric Co., to introduce evidence of subsequently registered trademarks into the ongoing litigation. Although the plaintiff sought an amendment under Order VI Rule 17 CPC, the court determined that since the original plaint already disclosed the pendency of these trademark applications, a formal amendment was unnecessary. The court permitted the plaintiff to rely on the registration certificates while leading evidence, allowing the suit to proceed toward the recording of evidence.
Frankfinn Aviation Services (Pvt.) Ltd. v.Fly- Hi Maritime Travels Private Limited & Anr.
The Delhi High Court modified an interim injunction in a trademark dispute between Frankfinn Aviation Services and Fly-Hi Maritime Travels. The court allowed the defendant to use its logo mark 'FLY HI' for its current, specified services, subject to plaintiff's consent. Furthermore, the defendant was granted conditional liberty to use the word form 'FLY HI' only as a reference in its normal course of business, provided it identifies specific, necessary circumstances and avoids trademark usage.
Saptarishi Herbals Llp v.Asif Enterprises & Anr.
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Saptarishi Herbals Llp against Asif Enterprises & Anr. The court allowed several procedural applications, including granting the plaintiff exemptions regarding e-filing advertisements and pre-institution mediation due to the urgent nature of the matter. Furthermore, the plaintiff was granted leave to administer interrogatories upon the defendants, setting a clear path for the commencement of substantive litigation.
Grasim Industries Limited And Anr. v.Omni Cement Private Limited And Anr.
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Grasim Industries Limited against Omni Cement Private Limited. The court granted several procedural reliefs, including exemption from pre-institution mediation and permission to file additional pleadings. Crucially, the court directed a Local Commissioner to execute an inventory of goods, seize infringing stock under superdari, and ensure compliance with interim injunction procedures, setting the stage for the substantive dispute over the 'ULTRATECH' trademark.
Mather And Co Pvt Ltd v.Union Of India Through The Secretary, Ministry of Corporate Affairs & Ors.
Mather And Co Pvt Ltd filed a petition in the Delhi High Court seeking to enforce its registered trademark 'Mather' against entities registering deceptively similar corporate names. The petitioner argued that the Ministry of Corporate Affairs (MCA) was failing in its duty to prevent serial infringement of their well-known brand name, which has been used since 1944. While the respondents initially raised a challenge regarding territorial jurisdiction, the court ordered notice to all parties and scheduled further hearings to examine the maintainability and merits of the trademark enforcement claim.
Aries Agro Limited & Anr. v.Indiamart Intermesh Limited & Ors.
The Delhi High Court issued several procedural orders in the trademark infringement suit filed by Aries Agro Limited against Indiamart Intermesh Limited. The court granted exemptions from mandatory pre-litigation mediation and advanced service, recognizing the urgent need for interim relief to prevent the suppression of infringing business operations. Furthermore, the court formally registered the plaint as a suit and set out detailed procedural timelines for filing written statements and replication, while also permitting the Plaintiffs to introduce additional documents.
Parth Formulation Pvt Ltd v.Paam Biotech Private Limited
In a passing-off dispute concerning pharmaceutical packaging, the Delhi High Court found prima facie that the defendants' packaging was deceptively similar to the plaintiff's. While the court noted the parties were open to settlement, it directed Paam Biotech to change its packaging color away from red and mandated Parth Formulation to submit sales data for the past three years.
Dominos Ip Holder Llc & Anr v.Mr. Jaideep Singh Gusain & Ors
The Delhi High Court granted an ad-interim injunction in favor of Dominos Ip Holder Llc, restraining certain online entities (Defendants 9 and 10) from using marks deceptively similar to 'Domino's Pizza'. Furthermore, the court directed major aggregators, Zomato and Swiggy, to immediately take down specific listings containing infringing variations. This order establishes a strong preliminary stance against trademark infringement in the digital marketplace, while simultaneously setting out procedural steps for the full trial.
Sanjeev Juneja & Ors. v.Haridwar International Ayurveda & Ors.
In a suit concerning the alleged infringement of its trademark and copyright, Sanjeev Juneja & Ors. successfully secured an ex-parte ad-interim injunction from the Delhi High Court. The court also permitted the appointment of a Local Commissioner to inspect and potentially seize infringing stock bearing the 'PET SAFFA' mark. This order allows the plaintiffs to proceed urgently with their infringement claims while setting out procedural timelines for filing pleadings.
Ms. Drools Pet Food Private Ltd v.Registrar Of Trademarks & Anr.
The Delhi High Court issued procedural directions in the trademark opposition case filed by Ms. Drools Pet Food Private Ltd against the Registrar of Trademarks. Despite ongoing mediation efforts, the court set a timeline for the respondents to file their replies within six weeks, followed by rejoinders. The matter is scheduled for further hearing and completion of pleadings.
Marc Enterprises Pvt. Ltd. v.M/S Marc Salon And Beauty Equipments Pvt. Ltd. & Anr.
The Delhi High Court addressed procedural matters in the trademark dispute between Marc Enterprises Pvt. Ltd. and M/S Marc Salon And Beauty Equipments Pvt. Ltd. The court disposed of an interlocutory application seeking records from the Trademark Registry, noting that the record had been received by the parties. Furthermore, the court set a schedule for both sides to file written submissions on the main case before listing it again in January 2026.
Hardwyn India Limited And Anr v.Rajenndra Engitech Llp
The Delhi High Court addressed the trademark dispute between Hardwyn India Limited and Rajenndra Engitech LLP, focusing on the use of the mark 'HARDVIN' which was deemed deceptively similar to 'HARDWYN'. The court accepted a comprehensive undertaking from the defendant, requiring them to cease using the impugned mark and initiate its withdrawal from the Trademark Registry. Consequently, an ad interim injunction was granted in favor of the plaintiff. Furthermore, recognizing the mutual interest in resolution, both parties were referred to the Delhi High Court Mediation Centre.
Kamdhenu Steels And Alloys Limited v.Union Of India & Ors.
The Delhi High Court heard a petition challenging an order directing a company to change its name based on alleged resemblance to another entity's brand. The core dispute revolved around whether the application for rectification was filed within the statutory three-year limitation period under Section 16(1)(b) of the Companies Act, 2013. While acknowledging the complexities of IP disputes between related entities, the Court granted a stay on the impugned order pending further arguments, allowing time to resolve the jurisdictional and temporal issues.
Hitesh Rastogi v.M/S. Adl Orbit Cable (India) Pvt. Ltd.
The Delhi High Court addressed several connected trademark infringement matters involving Hitesh Rastogi and M/S. Adl Orbit Cable (India) Pvt. Ltd. The court noted that the petitioner had filed these petitions without obtaining prior leave from the Civil Court under Section 124 of the Trademarks Act, 1999. Consequently, the matter was listed for a future date, pending the adjudication of the petitioner's application seeking such leave.
Akums Drugs An Pharmaceuticals Limited v.Medivinc Healthcare Pvt Ltd & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Akums Drugs against Medivinc Healthcare. The court granted exemptions for various procedural requirements, including pre-institution mediation and advance service to defendants. Crucially, the court allowed the plaintiffs' application for an ex parte ad-interim injunction, directing the appointment of Local Commissioners to secure evidence and prevent further infringement.
Super-Max Ipr Holdings Ag Through Its Authorized Representative Mr. Chirag Haresh Shah v.Suresh Kumar Garg And Ors
The Delhi High Court addressed a non-compliance issue where defendants failed to adhere to an earlier undertaking regarding the withdrawal of a specific trade mark application. The court directed the Registrar of Trademarks to process the withdrawal of trademark no. 4336864 in respect of 'SUPERMAC' within two weeks, provided all legal formalities are met. This order sets clear compliance timelines and mandates status reporting by the Trademark Registrar.
Nitin Maheshwari And Anr v.Patanjali Foods Limited
The Delhi High Court addressed a procedural matter in an ongoing trademark infringement suit filed by Patanjali Foods Limited. The petitioners sought to challenge a previous dismissal order, which was related to their application under Section 151 CPC. Recognizing the core dispute involves trademark rights (infringement and passing off), the court directed that the petition be re-registered as CM(M)-IPD to ensure proper classification within the Intellectual Property Division of the High Court.
Urban Money Private Limited v.Registrar Of Trade Marks & Anr.
Urban Money Private Limited appealed a trademark opposition decision before the Delhi High Court, challenging the Registrar's rejection of its 'URBAN MONEY' application. The appellant argued that the opposing party's claim of prior use was unsubstantiated by external evidence. While the case proceeds toward mediation and further arguments, the court granted an interim stay on the impugned order, providing immediate protection to the trademark applicant.
Zepto Private Limited & Anr. v.Owner Of Domain Name Zeptonowindia.Com & Ors.
In this trademark infringement suit, Zepto Private Limited sought an interim injunction against domain name holders. The court proceeded with the initial stages of litigation, granting several procedural reliefs to the plaintiffs, including exemption from pre-litigation mediation due to the urgency of the matter. While the core dispute over trademark rights and domain squatting remains pending, the court has set out a detailed schedule for service of summons and filing pleadings.
Jain Shikanji Private Limited v.Satish Kumar Jain
This Delhi High Court order addresses an appeal challenging a prior injunction against the use of the trademark 'Jain Shikanji'. The court found evidence suggesting continued infringement, despite assurances from the appellant. Consequently, the court mandated that Jain Shikanji Private Limited provide detailed affidavits regarding its current branding and bank account usage, while immediately ceasing the use of the disputed mark on digital payment platforms like UPI.
M/S Jagran Prakashan Ltd v.Dainik Jagran News Papers Pvt Ltd & Ors
In this trademark dispute, the Delhi High Court addressed multiple applications seeking to bring new parties into the suit. The court dismissed two separate applications for impleadment, finding that the applicants were neither necessary nor proper parties to defend against the use of the impugned mark by Defendant No. 1. Crucially, the court clarified that these dismissals do not prejudice the underlying claims regarding proprietary rights in the 'Dainik Jagran' trademark, which remain sub judice in other proceedings.
Xx And Anr v.Yy
The Delhi High Court registered the suit filed by Xx And Anr against Yy concerning trademark infringement and passing off related to the mark 'HARDWYN'. While a prima facie case was established, the court opted not to grant an immediate ad-interim injunction due to the defendant's existing registration. The court issued notice to the defendant for reply and granted several procedural reliefs to the plaintiffs, including exemption from pre-litigation mediation.
M/S Jagran Prakashan Ltd v.Jagran Infra Projects Pvt Ltd & Ors
In this trademark infringement suit, the Delhi High Court addressed multiple applications seeking impleadment of third parties claiming proprietary rights in 'Dainik Jagran'. The court dismissed these applications, finding them not to be necessary or proper parties to the current dispute concerning Defendant No. 1's use of the mark. However, the court clarified that the applicants' claims regarding their ownership rights will remain sub judice and subject to separate proceedings.
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