Mixed
1,014 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
1014 cases | Page 6 of 34
Reliance Retail Limited v.Ashok Kumar & Ors.
The Delhi High Court allowed Reliance Retail Limited to proceed with its trademark infringement suit against Ashok Kumar & Ors. The court granted several procedural exemptions, including waiving mandatory pre-litigation mediation due to the matter involving mass consumer deception and financial fraud. Furthermore, the plaintiff was exempted from advanced service upon certain defendants, allowing the main suit concerning trademark rights (Tira) to be formally registered and proceed.
Chet Chamnitiravanich v.Organovedics Through Its Partners Ms. Sonia and Mr. Nitin Gangadhar and Ors
In a significant ruling concerning trademark infringement, the Delhi High Court granted crucial interim relief to the plaintiff, Chet Chamnitiravanich. The court allowed the appointment of Local Commissioners to conduct an inventory and seize counterfeit 'MENA' soap products being manufactured and exported by the defendants. Furthermore, recognizing the urgency of stopping counterfeiting, the court exempted the plaintiff from mandatory advance service requirements against key defendants.
M/S Swagath v.Dhanturi Hari Shankar & Anr.
The Delhi High Court addressed two matters in this order. First, the petitioner was permitted to file additional documents under the Commercial Courts Act, 2015. Second, the court initiated proceedings regarding a petition seeking the cancellation of the trademark 'SWAGATH' (Registration No. 2037599). Notice has been issued to the respondents, who are required to file their replies within six weeks, setting the stage for further litigation on the core issue of trademark validity.
Sahil Sachdeva & Anr. v.Ayush Dhingra & Ors.
The Delhi High Court issued a significant interim order in the trademark infringement suit, granting plaintiffs several procedural exemptions crucial for urgent relief. Notably, the court exempted the plaintiffs from providing advance service to defendants, recognizing the risk that defendants might destroy evidence. Furthermore, the court appointed a Local Commissioner with broad powers to inventory and seize infringing products and inspect relevant books of accounts, setting the stage for immediate enforcement against alleged trademark infringers.
Yiwu Kemei Electric Appliance Co. Ltd v.Registrar Of Trademarks And Anr
The Delhi High Court addressed several procedural applications in the trademark appeal case, Yiwu Kemei Electric Appliance Co. Ltd vs Registrar Of Trademarks And Anr. The court allowed the appellant to withdraw a previously filed review petition. Crucially, the court also condoned a delay of 62 days in filing the main appeal (C.A.(COMM.IPD-TM) 12/2025). Following these procedural orders, the case was listed for final hearing on May 27, 2025.
Yiwu Kemei Electric Appliance Co. Ltd v.Registrar Of Trademarks And Anr
The Delhi High Court addressed several procedural applications in the trademark appeal case, Yiwu Kemei Electric Appliance Co. Ltd vs Registrar Of Trademarks And Anr. The court allowed the appellant to withdraw a previously filed review petition. Crucially, the court also condoned a delay of 62 days in filing the main appeal (C.A.(COMM.IPD-TM) 12/2025). Following these procedural orders, the case was listed for final hearing on May 27, 2025.
New Balance Athletics Inc. v.Sunil Gupta
New Balance Athletics Inc. successfully secured several critical preliminary orders in its suit against Sunil Gupta regarding trademark infringement. The Delhi High Court granted the plaintiff exemption from pre-litigation mediation and advance service, allowing immediate legal action. Crucially, the court passed an interim injunction restraining the defendant from using deceptively similar marks like 'NEW BLANCO' and 'BALANCE'. Furthermore, the court authorized a Local Commissioner to conduct search and seizure of evidence and counterfeit products at the defendant's premises.
Kausal Goyal And & Ors. v.Awadh Oils Private Limited Through Its Director Shri Awadh Goyal
The Delhi High Court stayed an adverse ex-parte interim injunction against Kausal Goyal and others in a trademark dispute involving the mark 'Kala Ghoda'. The court found that the Appellants had established a prima facie case, particularly citing a family settlement agreement and long-standing use of the trademark. This decision allows the parties to proceed with a full hearing, preventing immediate prejudice to the appellants.
Hindustan Unilever Limited v.Rspl Limited
Hindustan Unilever Limited (HUL) sought an interim injunction against Rspl Limited over disparaging advertisements for its 'Ghadi' detergent, claiming the ads tarnished HUL's flagship product, 'Surf Excel.' The Delhi High Court found that while comparative advertising is permissible, derogatory and defamatory remarks are not. Consequently, the court issued a prima facie order directing Rspl to remove specific phrases—such as 'Na Na, yeh dhoka hai' and 'Aapka kare badi badi baatein, dho nahi patey'—from its commercials before they can be broadcast.
Moneywise Finvest Limited v.Ksn Credence Commodities Trading Private Limited
Moneywise Finvest Limited filed a trademark infringement suit against Ksn Credence Commodities Trading Private Limited regarding the use of similar marks ('STOXKART' vs 'STOCKART') in the financial services sector. While the plaintiff initially sought an urgent ex-parte injunction due to delisting from Google Play, the court noted that this issue had been resolved by the plaintiff's appeal. The court subsequently allowed various procedural applications and scheduled the matter for further consideration, allowing the suit to proceed.
Vaibhav Agarwal v.Prabhakar Kumar & Ors.
Vaibhav Agarwal, claiming ownership of the 'Haldiram' trademark, challenged the actions of the Resolution Professional (RP) regarding the Corporate Debtor, Haldiram Fincap Pvt. Ltd., citing potential IP infringement. The RP argued that the name was inherent to the corporate debtor and that Form G could not be withdrawn under the Insolvency and Bankruptcy Code. Recognizing the dispute's complexity, the Delhi High Court opted to refer the matter for mediation, encouraging an amicable resolution between the parties.
Upgrid Solutions Pvt. Ltd. v.Vikas Pal And Anr.
In a trademark infringement suit filed in the Delhi High Court, Upgrid Solutions Pvt. Ltd. sought various reliefs, including permanent injunctions and damages against Vikas Pal and others. The court addressed several interlocutory applications related to the case's progression. Crucially, the court granted the Plaintiff liberty to file necessary additional documents within three weeks, allowing the litigation process to move forward while addressing procedural requirements.
Montblanc Simplo Gmbh v.Montblancindia.Com & Ors.
The Delhi High Court addressed ongoing trademark infringement issues concerning Montblanc's brand. While the court previously extended an interim injunction to prevent the use of a newly identified fraudulent domain, it ultimately de-reserved the final judgments in the core suit. This indicates that while immediate injunctive relief is maintained against new infringers, the matter will proceed towards a full trial to determine damages and resolve the main claims.
Cipla Limited v.Union Of India & Ors.
The Delhi High Court issued an order in the dispute between Cipla Limited and the Union of India regarding a trademark application. Recognizing issues with traceability of previous notices, the court allowed Cipla to proceed by granting permission to file applications for the restoration and renewal of Trademark Application No. 1694972 within two weeks. The petitioner was also directed to complete necessary procedural filings within four weeks, effectively allowing the matter to move forward.
Cy International Private Limited & Anr. v.Tejinder Pal Singh Proprietor Of Labh Singh Auto Agencies & Ors.
The Delhi High Court addressed an urgent suit filed by Cy International Private Limited against Tejinder Pal Singh Proprietor Of Labh regarding alleged counterfeiting of vehicle spare parts. The court granted interim relief, restraining the defendants from using the plaintiffs' registered trademarks and copyrighted packaging/trade dress (the 'YELLOW AND GOLD' design). However, the injunction was carefully tailored to permit the defendant to continue using their own specific registered mark in Class 12, balancing protection with commercial activity.
Astellas Pharma Inc & Anr. v.Lucius Pharmaceutical Lucius Pharmaceuticals Lao Co Ltd & Ors.
Astellas Pharma Inc and its associates filed a suit seeking permanent injunction against Lucius Pharmaceutical for infringing their Indian Patent No. 292990, which covers the new chemical entity GILTERITINIB. The court examined the prima facie case and balance of convenience before granting an ad interim ex-parte injunction. This order restrained the defendants from manufacturing, selling, or distributing any product infringing the patent, including under the brand name LUCIGIL.
Anuj Bindal Messrs Aggarwal Rice And Oil Mills v.Union Of India & Anr.
The Delhi High Court initiated proceedings in a rectification petition filed by Anuj Bindal Messrs Aggarwal Rice And Oil Mills. The petitioner sought the removal of the registered trademark 'DOUBLE KABOOTAR BRAND' (Registration No. 5574981) from the Trade Marks Register, which was held by respondent no.2. The court accepted notice on behalf of one respondent and directed that formal notices be issued to all parties, setting a timeline for filing replies and rejoinders before listing the matter for further hearing.
Glaxosmithkline Pharmaceuticals Limited v.Varav Biogenesis Private Limited And Ors
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Glaxosmithkline Pharmaceuticals against Varav Biogenesis Private Limited. The court permitted the plaintiff to file additional documents, including sales figures for its 'COBADEX' mark, in a sealed cover. Crucially, the court also initiated proceedings regarding the core dispute, noting that the plaintiff alleges the defendants are using the deceptively similar mark 'CODODEX' for medicinal products, seeking permanent injunction against trademark infringement and passing off.
Mankind Agritech Private Limited v.Registrar Of Trade Marks
Mankind Agritech Private Limited filed an appeal challenging the refusal of registration for its trademark application no. 5617624 in Class 1. The Delhi High Court issued a procedural order, setting out the timeline and requirements for both parties to proceed with the appeal. This interim step allows the appellant to challenge the Registrar's decision regarding the trademark refusal.
Rashi Santoshi Soni & Anr. v.Prince Enterprises Through Its Proprietor Mr. Niraj Nirottamsingh Chavhan
In a trademark infringement dispute, the Delhi High Court issued an interim order allowing the defendant (Prince Enterprises) to de-seal the premises and access materials. The court permitted the removal of non-infringing goods while mandating that infringing products bearing the 'SURYA/SURYA GOLD PLUS' mark be kept separate under the supervision of the plaintiffs' representative. Furthermore, the court set a date for the vacation of an earlier ex-parte injunction order, indicating the matter will proceed to further hearings.
Punjab Fc Private Limited v.Posshusa Apparels India Private Limited
Punjab Fc Private Limited filed a petition seeking the removal (rectification) of the 'PFC' trademark registered under application no. 4611789 in Class 25, which was held by Posshusa Apparels India Private Limited. The petitioner highlighted a prior favorable judgment regarding an identical device mark. The Court accepted notice and directed that formal notices be issued to all parties, setting timelines for filing replies and rejoinders before listing the matter further.
Yiwu Kemei Electric Appliance Co. Ltd v.Registrar Of Trademarks And Anr
The Delhi High Court addressed several procedural applications in the trademark appeal case, Yiwu Kemei Electric Appliance Co. Ltd vs Registrar Of Trademarks And Anr. The court allowed the appellant to withdraw a previously filed review petition. Crucially, the court also condoned a delay of 62 days in filing the main appeal (C.A.(COMM.IPD-TM) 12/2025). Following these procedural orders, the case was listed for final hearing on May 27, 2025.
Junglee Games India Private Limited v.John Doe & Ors.
Junglee Games India Private Limited filed a suit alleging trademark and copyright infringement against unknown parties operating deceptive websites. The Delhi High Court addressed several interlocutory applications related to the service of process, granting exemptions for advanced service due to the defendants' anonymous nature or the urgency of the relief sought. The court subsequently registered the plaint as a suit, allowing the plaintiff to proceed with seeking permanent injunctions against online infringers.
Sharvan Kumar Mittal Trading As Girish Chemical Industries v.Janhvi Sharma Trading As Janhvi Chemical Industries & Anr.
The Delhi High Court initiated proceedings seeking the cancellation and stay of Trademark No. 3017399, a device mark registered in Class 2. The court allowed the petitioner to proceed by directing notice to all respondents and setting key dates for filing replies and written synopses. Furthermore, the court granted an application to summon the complete registration record pertaining to related trademarks, ensuring transparency in the dispute.
Tecniqua India Private Limited v.Shree Ji Industries & Anr.
Tecniqua India Private Limited filed a petition before the Delhi High Court seeking the removal of the trademark '/ TENDA SPORTS' (Application No. 4417483) registered in the name of Respondent No. 1. The court accepted notice and directed that formal notices be issued to all parties. Both sides were given specific timelines—six weeks for a reply and three weeks thereafter for a rejoinder—setting the stage for substantive arguments on trademark cancellation.
Glaxo Group Limited And Anr. v.Dinesh Sirvi And Ors
In a trademark infringement suit concerning pharmaceutical products 'Augsomention' and 'Sheoical-nx CCM,' the Delhi High Court issued several orders. The court exempted the plaintiffs from pre-litigation mediation while granting them liberty to file confidential sales documents in sealed cover for protection. Crucially, after both parties agreed to refer their dispute to mandatory mediation, the court granted an interim injunction restraining the defendants from using the disputed marks until a settlement is reached.
Sg Corporate Mobility Pvt .Ltd. v.Marvel Technoplast Pvt. Ltd.
The Delhi High Court addressed several procedural applications in the trademark opposition matter between Sg Corporate Mobility and Marvel Technoplast. The court granted an exemption request regarding the submission of a certified copy of an NCLT order, allowing the petitioner four weeks to comply. Furthermore, recognizing that Respondent No. 1 had filed notice of opposition to Petitioner's trademark application no. 6792577 but failed to appear, the Court directed formal service and issuance of notices to ensure due process continues in the matter.
Mohammed Azam Trading As M/S Noor Ahmed v.Paramjeet Singh & Anr.
The Delhi High Court issued a significant interim order in favor of the plaintiff, Mohammed Azam Trading As M/S Noor Ahmed. The court granted an immediate interim injunction, restraining the defendants from using the infringing mark 'NURY/' while the main suit proceeds. Furthermore, the court allowed the plaintiff to file additional documents and exempted them from pre-institution mediation, setting a clear path for the litigation's progression.
Castrol Limited v.Govind Mohan Sharma
In a matter concerning trademark recognition, Castrol Limited sought to establish its 'CASTROL' and 'ACTIV' marks as well-known trademarks before the Delhi High Court. The plaintiff presented detailed arguments supporting this claim. While the court did not issue a final ruling on the merits of the well-known status, it granted an adjournment to the defendant for further submissions, indicating that the matter remains active in litigation.
Harpal Singh Gulati v.Registrar Of Trademarks
This Delhi High Court order addresses an appeal filed by Harpal Singh Gulati challenging the rejection of his trademark application for 'Martban -MAA KE HAATH SA'. The core dispute revolves around the appellant's claim of prior use. Crucially, M/s Martbaan, proprietor of similar marks, was impleaded as a respondent to participate in the proceedings. The Court set out a detailed schedule for filing pleadings and listing the matter before the Joint Registrar.
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