Mixed
1,014 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
1014 cases | Page 33 of 34
Anil Rathi v.Sanjog Steels Pvt. Ltd.
The Delhi High Court issued several interim orders in the dispute concerning the 'RATHI' trademark. The court restrained Defendant No. 4 from granting new licenses related to the mark until further hearing, providing immediate relief to the plaintiff. Furthermore, the court mandated that certain defendants maintain and file detailed accounts of sales made under the 'RATHI' trademark during a specified period, while also allowing for the impleadment of proposed parties.
Popsockets Llc v.Flipkart India Private Limited & Ors.
In this trademark infringement suit, Popsockets LLC sought remedies against Flipkart India Private Limited for allegedly selling products under an infringing mark. The Delhi High Court issued several procedural orders on November 12, 2020. The court allowed the plaintiff to file additional documents and permitted the issuance of summons to all defendants, while also noting the dispute regarding whether Flipkart itself was infringing by selling the product under the disputed trademark.
Kent Ro Systems Ltd And Anr v.Dilip Kumar Shukla & Ors.
In this ongoing commercial suit concerning alleged infringement and passing off related to Kent RO's products, the court addressed a procedural challenge regarding one of the defendants. The defendant argued that the design right relevant to their involvement had expired, prompting the plaintiff to consider removing them from the case. While no final judgment was reached, the court issued several directions for the completion of pleadings and document exchange.
Philip Morris Brands S.A.R.L v.Ntc Industries Limited & Anr.
In this trademark dispute, Philip Morris Brands S.A.R.L challenged Ntc Industries Limited regarding the use of its stylized 'Maypole' mark and packaging devices. During the proceedings on October 20, 2020, the court noted that the defendants would place advertisements showing the use of the 'Maypole' mark since 1994 on record. Furthermore, the defendants assured the court they would not use the specific roof device integral to the plaintiff’s trademark packaging, leading the matter to be listed for further hearing.
Astral Poly Technik Limited & Anr. v.Astralglee Through Its Proprietor Ms Pooja Surendra Ayre & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Astral Poly Technik against Astralglee, concerning the use of 'Astral' and 'Astralglee' in Class 3 goods. The court noted conflicting arguments regarding prior use, consumer confusion, and the scope of statutory rights conferred by registration. Given the complex factual matrix and competing legal precedents cited by both sides, the judge decided to proceed with a detailed examination of the issues.
Mrs. Anugya Gupta v.Mr. Ajay Kumar & Anr.
This Delhi High Court order addresses a dispute concerning the use of the trademark 'SARKARI RESULT' and associated domain names. The core issue revolves around establishing who is the prior adopter and user of the mark by comparing the actions of the Plaintiff and Defendants. The court has listed the matter for further hearing, indicating that the substantive determination of rights remains pending.
Cadila Healthcare Limited v.Uniza Healthcare Llp. & Anr.
Cadila Healthcare Limited sought an ad-interim injunction against Uniza Healthcare LLP, alleging that the defendant's trademark 'ZACLEAR' was deceptively similar to Cadila's mark 'ZYCLEAR'. The Delhi High Court declined to grant the immediate injunction, primarily noting discrepancies in the plaintiff's claim regarding the date of adoption and registration of 'ZYCLEAR'. Instead, the court directed both parties to complete their pleadings, file written statements, and proceed with the suit for a final determination.
M/S Asugar Engineering Services & Anr. v.Weld Trade Pvt. Ltd. and M's Sharp Technoengineers Pvt. Ltd.
The Delhi High Court allowed the plaintiffs to implead M's Sharp Technoengineers Pvt. Ltd. as a defendant in the trademark infringement suit, recognizing that this new party was also infringing the 'AZUCAR' mark. The court found it necessary for the cause of action against them. Furthermore, the court extended existing interim orders to include the newly added defendant. This procedural step ensures all parties involved in the alleged trademark violation are properly before the court.
Culinary Culture India Pvt. Ltd. v.Culinary Communications Private Limited & Anr.
The Delhi High Court addressed an appeal filed by Culinary Culture India Pvt. Ltd., challenging a restraining order issued by the District Judge regarding the use of the 'Culinary Culture' trademark. The appellant argued that the injunction unfairly restricted its business operations in Classes 38 and 42, where it holds registered marks. While the respondents initially sought restraint only in Class-35, the court allowed both parties time to file comprehensive replies and rejoinders before the matter is heard expeditiously by the Trial Court.
Worknest Business Centre Llp & Anr. v.M/S Worknests Through Rajesh Goyal
Worknest Business Centre LLP filed a suit alleging trademark and copyright infringement against M/S Worknests, claiming that the defendant's use of 'WORKNESTS' in the co-working space business infringed upon its established mark 'WORKNEST'. While the plaintiff presented evidence of prior domain registration and trademarks, the court found no immediate grounds to grant an interim injunction. The matter was directed to proceed as a full suit for detailed examination.
Capital Food Pvt. Ltd. v.Radiant Indus Chem. Pvt. Ltd.
The Delhi High Court addressed an application seeking interim relief in a trademark infringement suit concerning 'SCHEZWAN CHUTNEY'. While the court found that 'SCHEZWAN CHUTNEY' is likely a descriptive and common term, thus denying the injunction against the mark itself, it granted protection for the plaintiff's trade dress/packaging and marketing content. This mixed ruling highlights the distinction between protecting generic product descriptors versus unique visual branding elements in IP law.
Modern Foods Enterprises Pvt Ltd v.Modern Snacks Pvt Ltd
The Delhi High Court addressed cross-suits concerning the identical mark 'MODERN' used in the FMCG sector. While acknowledging that the plaintiff (Modern Foods) was a prior adopter of the mark, the court granted an interim injunction with significant caveats. The defendant (Modern Snacks) is restrained from expanding its product range using 'MODERN', but is allowed to continue using it on existing labels and registered goods. This decision balances the rights of both parties while preserving the status quo pending final determination.
Daiichi Sankyo Company, Limited v.Malvinder Mohan Singh And Ors
The Delhi High Court addressed several applications concerning the sale of trademarks ('Religare', 'SRL', and 'Fortis') owned by a Judgment Debtor. While some parties conceded no objection to the sale, others vehemently opposed it due to existing charges or lack of information. The court granted time extensions to opposing parties to file affidavits detailing their stance on the trademark sales, ensuring all stakeholders are heard before proceeding with any auction.
Jindal (India) Limited v.Vision Prime Tech Pvt Ltd
In a commercial suit concerning trademark disputes, the Delhi High Court issued several orders on September 4, 2020. The court allowed the plaintiff to file additional documents while also accepting assurances from the defendant. Crucially, the defendant agreed to withdraw its pending trademark application and provided statements denying the use of the impugned mark in the market. These procedural steps move the case toward a resolution based on the parties' commitments.
VELCRO BVBA v.VEILCRO INFRASTRUCTURE PVT. LTD.
In this Delhi High Court matter concerning the 'VELCRO' brand, VELCRO BVBA filed an application seeking an urgent hearing due to allegations that the defendant continued infringing its trademark despite existing interim injunctions. The court noted the plaintiff's evidence was concluded and directed notice to be issued to the defendants for a returnable appearance on November 23, 2020.
Makemytrip India Private Limited v.Wing In Travel Advisory Pvt. Ltd.
The Delhi High Court addressed a trademark infringement suit filed by Makemytrip against Wing In Travel Advisory and others. After hearing arguments, the court accepted an assurance from Defendant No. 1 that it would not bid for, adopt, or use Makemytrip's registered trademarks (MakeMyTrip/MMT) or any deceptively similar variants. Consequently, the suit was decreed against Defendant No. 1 on these terms, without awarding damages or costs to the plaintiff. The court noted that the remaining defendants could not be proceeded against in the current form of the suit.
Jindal Industries Private Limited v.Panther Pipes Private Limited & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Jindal Industries Private Limited against Panther Pipes Private Limited & Anr. The court rejected an application seeking to delete a defendant, noting that the defendant was involved in filing the relevant trademark application for 'JINDAL POWER.' Furthermore, the court disposed of another procedural application regarding the plaint's filing requirements and maintained the existing ex parte ad-interim injunction until further orders.
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.
Tv Today Network Limited v.Network18 Media & Investments Limited
In this trademark infringement suit, Tv Today Network Limited alleged that Network18 Media & Investments Limited was slavishly copying its marks, including "DILLI KE DIL MEIN KYA HAI" and "AGENDA AAJ TAK." While the court allowed procedural applications for both parties, it also noted disputes regarding the abandonment of certain marks. Crucially, the defendant provided an undertaking to refrain from using the registered mark 'DILLI KE DIL MEIN KYA HAI' pending further judicial review.
Makemytrip India Private Limited v.Wing In Travel Advisory Pvt. Ltd.
The Delhi High Court addressed a trademark infringement suit filed by Makemytrip against Wing In Travel Advisory and others. After hearing arguments, the court accepted an assurance from Defendant No. 1 that it would not bid for, adopt, or use Makemytrip's registered trademarks (MakeMyTrip/MMT) or any deceptively similar variants. Consequently, the suit was decreed against Defendant No. 1 on these terms, without awarding damages or costs to the plaintiff. The court noted that the remaining defendants could not be proceeded against in the current form of the suit.
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.
Indoco Remedies Ltd. v.Bristol Myers Squibb Holdings Ireland Unlimited Company
This order from the Delhi High Court addresses procedural matters in the dispute between Indoco Remedies Ltd. and Bristol Myers Squibb Holdings Ireland Unlimited Company regarding the trademark 'APIXABID'. The court allowed certain exemption applications while also granting time to the respondents to file a reply concerning objections raised against the sale of 58,000 strips under the brand name.
M/S Aman Engineering Works v.Registrar, Trade Marks, Trade Marks Registry, New Delhi & Anr.
M/S Aman Engineering Works challenged the Trade Mark Registry's decision to allow review applications filed years after trademark applications were allegedly abandoned due to non-attendance at hearings. The Petitioner argued that the Senior Examiner lacked jurisdiction to condone delays far exceeding statutory limits, citing Supreme Court precedent. The Delhi High Court found a prima facie case in favor of the Petitioner and granted an interim stay on the impugned orders while further legal issues regarding the condonation of over 16 years of delay are examined.
Ht Media Limited & Anr. v.Brainlink International, Inc. & Anr.
In a dispute concerning the domain name www.hindustan.com, the Delhi High Court facilitated a settlement between Ht Media Limited and Brainlink International. The court suggested that if the defendants agree to pay an agreed lump sum in costs, they will withdraw all oppositions filed against the plaintiff's trademarks and also drop their suit in the USA. This arrangement aims to bring a definitive end to the ongoing disputes between both parties.
Ds Confectionery Products Ltd. v.Mahadev Confectionery & Ors.
The Delhi High Court addressed two matters concerning trademark disputes between Ds Confectionery Products Ltd. and Mahadev Confectionery & Ors. In the main suit, the matter was adjourned to allow further negotiation regarding a proposed change of trademark by the defendants. Separately, the court issued notice for an application filed by the plaintiff under Section 124 of the Trade Marks Act, 1999, setting a date for the defendant's reply.
USV Private Limited v.Martin And Brown Bio Sciences
In this Delhi High Court order, USV Private Limited sought relief against Martin And Brown Bio Sciences regarding alleged trademark infringement. While the court allowed both parties to submit further documentation and cure deficiencies, it also issued a temporary restraint on the defendant from using the disputed or similar trademarks. The proceedings were set for further action, including a potential joint application to dispose of the suit.
Bridgestone Corporation v.Controller General Of Patents Designs & Trademarks & Anr
The Delhi High Court issued an interim order in the matter of Bridgestone Corporation versus Controller General Of Patents Designs & Trademarks. The court directed both parties to prepare and exchange short notes detailing their submissions and to compile relevant judicial precedents for consideration. This procedural step moves the case closer to final disposal, which is scheduled for February 2, 2022.
Ds Confectionery Products Ltd. v.Mahadev Confectionery & Ors.
The Delhi High Court addressed two matters concerning trademark disputes between Ds Confectionery Products Ltd. and Mahadev Confectionery & Ors. In the main suit, the matter was adjourned to allow further negotiation regarding a proposed change of trademark by the defendants. Separately, the court issued notice for an application filed by the plaintiff under Section 124 of the Trade Marks Act, 1999, setting a date for the defendant's reply.
Asociacion De Productores De Pisco A.G. v.Union Of India & Ors
The Delhi High Court addressed several procedural applications and made key interim directions in the case concerning the Geographical Indication (GI) for Chilean Pisco. The court allowed various exemptions related to documentation due to pandemic conditions, while also agreeing to delete one respondent from the array of parties. Crucially, the court directed that the Registrar of Trademarks & GI would not pass final orders on the GI application no. 689 until further notice, providing a temporary stay on the registration process.
Triumphant Institute Of Management Education Pvt. Ltd. v.Mega Limited & Ors.
The Delhi High Court addressed a copyright infringement suit filed by Triumphant Institute of Management against Mega Limited. The court acknowledged the plaintiff's claims regarding its registered trademark 'TIME' and copyrighted study materials. However, recognizing the intermediary status of the defendant, the court issued an interim order stipulating that the defendant must take down infringing content only upon receiving specific notice (URLs) from the plaintiff, aligning with safe harbor provisions under the IT Act.
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