Mixed
1,014 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
1014 cases | Page 7 of 34
Dr. Reddys Laboratories Limited v.Wockhardt Limited And Anr.
Dr. Reddys Laboratories filed a petition in the Delhi High Court seeking the cancellation of the trademark registration 'PACTYON' held by Wockhardt Limited. The respondents objected to the maintainability of the suit, arguing that the mark was registered in Mumbai. The court accepted notice and set procedural timelines for filing replies and rejoinders, indicating that the matter will proceed through standard litigation steps.
Ihhr Hospitality Ananda Pvt. Ltd. v.Avirup Sircar
The Delhi High Court addressed an application seeking exemption from mandatory pre-institution mediation in a trademark opposition case. The court dismissed the plaintiff's request, noting that extensive prior communication and action had already taken place between the parties regarding the mark 'ANANDA RESORTS'. Consequently, both parties were directed to participate in pre-litigation mediation before proceeding with the main litigation.
Parle Products Pvt Ltd v.The Registrar Of Trade Marks & Anr.
Parle Products Pvt Ltd filed an appeal seeking to quash a previous opposition order related to trademark application no. 6109894 in Class 30. The Delhi High Court issued an interim order, allowing both the appellant (Parle) and respondent no. 2 sufficient time—six weeks for synopsis filing and subsequent reply periods—to prepare their arguments before proceeding with the substantive hearing.
M/S Mithaas Sweets And Restaurant Private Limited v.M/S Lakhi Ram Deepak Kumar
The Delhi High Court addressed a petition filed by Mithaas Sweets and Restaurant challenging the District Judge's order that allowed the Respondent to file a suit afresh regarding trademark infringement. While initial applications concerning delay condonation were granted, the core dispute over jurisdiction—specifically why a 2016 suit was decided by a Civil Court instead of under the Commercial Courts Act—was deferred. The court has now scheduled further proceedings for August 19, 2025, requiring both parties to file detailed notes of contentions.
Microtex Energy Private Limited v.Microtek International Private Limited and Anr.
The Delhi High Court initiated proceedings in C.O. (COMM.IPD-TM) 116/2025, where the petitioner sought the cancellation of the trademark 'MICROTEK TECHNOLOGY WE LIVE' (No. 3482800). The court issued notice to all respondents and set a timeline for filing replies and rejoinders. Several ancillary applications regarding document submission and procedural matters were also disposed of by the court.
Ayka Tech And Systems Pvt Ltd v.Yash Tiwari & Anr.
The Delhi High Court framed key issues in the trademark infringement suit filed by Ayka Tech And Systems Pvt Ltd against Yash Tiwari & Anr. The core dispute revolves around whether the defendants breached an MoU and infringed upon the 'Salestown' trademark used for a CRM software. Crucially, the court clarified that while injunctions are sought regarding 'Salestown,' the defendants remain free to use any other CRM software in their business.
Jk Lakshmi Cement Limited v.Ram Kumar & Anr.
The Delhi High Court issued a significant order in the dispute between Jk Lakshmi Cement Limited and Ram Kumar & Anr., addressing both rectification and interim stay applications. The court granted an interim stay on the registration of trademark No. 5849311, recognizing the petitioner's prior rights concerning similar packaging and marks (JK/JKLC). Furthermore, the court directed the initiation of formal proceedings for the rectification of the impugned mark in Class 19, setting clear timelines for notice and response from all parties.
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.
M/S Aggarwal Trading Company v.The Registrar Of Trade Marks
M/S Aggarwal Trading Company approached the Delhi High Court seeking rectification of their trademark register entries (Registration Nos. 671443 and 671598). The petitioner argued that despite the marks being valid up to specific future dates, the online system incorrectly displayed messages indicating renewal failure due to delays. The court took cognizance of this discrepancy and issued notice to the Registrar of Trade Marks, directing them to provide clarifications regarding the validity and renewal status of both trademarks.
M/S. F.K. Bearing Group Co. Ltd. v.Vinod Kumar & Anr.
In a trademark dispute concerning bearing group products, the Delhi High Court issued an order on May 14, 2025. The court noted that negotiation talks between M/S. F.K. Bearing Group Co. Ltd. and the respondents were still ongoing. Consequently, the court decided to renotify the parties for further proceedings on August 7, 2025, indicating a continued focus on out-of-court resolution.
Himalaya Global Holdings Ltd v.Jeena Sikho Lifecare Limited
The Delhi High Court issued a significant order in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Jeena Sikho Lifecare Limited. The court permitted the plaintiffs to file additional documentation and, crucially, addressed the request for an ad interim injunction. While noting concerns over mark similarity and color combination usage, the court granted conditional relief, requiring the defendant (D-1) to change its packaging colors within two weeks while allowing it to exhaust existing stock.
M/S Green Star Pharma Llp v.Ved Prakash Trading As Green Star Pharma
This Delhi High Court order addresses an appeal filed by M/S Green Star Pharma Llp against the Commercial Court's dismissal of its interim injunction application. The core dispute revolves around the use of the 'GREEN STAR' trademark in the pharmaceutical sector. While the appellant relies on passing off, the court raises significant questions regarding the timing and scope of goodwill acquisition, especially given the respondent's earlier registered device mark.
The Football Association Premier League Limited v.Sportshub.Stream & Ors.
The Football Association Premier League Limited filed a suit against various defendants and websites alleging widespread copyright infringement through unauthorized streaming of its content. The court addressed several procedural applications, granting the plaintiff exemption from pre-litigation mediation and advanced service requirements concerning regulatory authorities like DoT and MEITY. Furthermore, the court registered the plaint as a formal suit, allowing the plaintiff to proceed with seeking permanent injunctions against infringing websites and domains.
M/S. F.K. Bearing Group Co. Ltd. v.Vinod Kumar & Anr.
In a trademark dispute concerning bearing group products, the Delhi High Court issued an order on May 14, 2025. The court noted that negotiation talks between M/S. F.K. Bearing Group Co. Ltd. and the respondents were still ongoing. Consequently, the court decided to renotify the parties for further proceedings on August 7, 2025, indicating a continued focus on out-of-court resolution.
M/S. F.K. Bearing Group Co. Ltd. v.Vinod Kumar & Anr.
In a trademark dispute concerning bearing group products, the Delhi High Court issued an order on May 14, 2025. The court noted that negotiation talks between M/S. F.K. Bearing Group Co. Ltd. and the respondents were still ongoing. Consequently, the court decided to renotify the parties for further proceedings on August 7, 2025, indicating a continued focus on out-of-court resolution.
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.
94 Cedar Properties And Trading Llp & Ors v.Shri Munish Thakur & Anr
The Delhi High Court addressed petitions alleging wilful disobedience of undertakings related to a previous settlement concerning the trademark 'DROTIN' and its variants. The petitioner alleged that the respondent was using the deceptively similar mark 'DROTINXT' in medicinal preparations, constituting contempt of court. Consequently, the Court issued notice to the respondents, setting a date for their returnable appearance.
Alkem Laboratories Ltd. v.M/S Martin And Brown Biosciences & Ors.
Alkem Laboratories Ltd. filed a Rectification Petition against M/S Martin And Brown Biosciences & Ors., seeking the removal or cancellation of the trademark registration 'SOMI-MB' (No. 5982177) in Class 5, arguing that it is confusingly similar to their existing mark 'SUMO'. The Delhi High Court issued notice to the respondents and set timelines for filing written synopses and replies, indicating that the matter will proceed through formal litigation.
Glossy Paints India Pvt Ltd & Anr. v.Nippon Paint (India) Private Limited & Ors.
The Delhi High Court has formally registered the trademark infringement suit filed by Glossy Paints India Pvt Ltd against Nippon Paint. While addressing various interlocutory applications, the court allowed the plaintiffs to file additional documents and exempted them from pre-institution mediation. Crucially, the court also initiated proceedings for an interim injunction, setting a date for further arguments on the matter of trademark infringement.
Hell Energy Magyarorszag Kft v.Sipsnap Soda Llp & Ors
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Hell Energy against Sipsnap Soda. The court allowed several procedural applications, including granting exemptions from mandatory pre-litigation mediation and advanced service upon the defendants. Crucially, the court permitted the plaintiff to appoint a Local Commissioner to conduct search and seizure of evidence at the defendant's premises, ensuring the preservation of potential infringing materials. This order moves the case forward by formalizing the suit for permanent injunction regarding the 'HELL ENERGY' trademark and trade dress.
Christian Louboutin Sas & Anr. v.M/S Italian Shoes Co. & Ors.
In this ongoing intellectual property dispute, Christian Louboutin SAS sought various procedural reliefs in the Delhi High Court against M/S Italian Shoes Co. The court granted several applications, including allowing the plaintiffs to file additional documents and granting exemption from pre-institution mediation due to the suit's urgent nature. Crucially, the order also addressed the core infringement claim, setting up the case for permanent injunctions related to trademark infringement, copyright violation of shoe images, and passing off concerning the signature 'RED SOLE' style.
Montblanc-Simplo Gmbh v.Ms. Jasmin Chandrakant Vora & Ors.
In this trademark infringement suit, Montblanc-Simplo Gmbh sought permanent injunctions and damages against the defendants for using its registered trademarks and devices. The court noted the parties' initial request for exemption from mediation but ultimately referred them to pre-litigation mediation. Subsequently, the defendants assured the court that they would withdraw infringing products from e-commerce sites within a week and were granted time to file an undertaking confirming their non-infringement intentions.
Ms Khatema Fibres Limited v.Dr Rakesh Chandra Rastogi & Ors.
The Delhi High Court issued an order allowing Ms Khatema Fibres Limited to proceed with a rectification petition against the registered trademark 'KHATEMA' held by Defendant No. 1. The court formally initiated the proceedings, granting both parties specific timeframes—four weeks for the defendant's reply and six weeks for filing composite written synopses in related applications. This order sets the stage for a detailed legal battle over the validity of the trademark registration.
Castrol Limited And Anr v.Darshan Rajkumar Gurnani And Ors
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Castrol Limited against Darshan Rajkumar Gurnani. The court granted several procedural exemptions to the plaintiffs, including exemption from pre-litigation mediation and advance service notice, citing the need for immediate action regarding search and seizure of counterfeit goods. Crucially, the Court allowed the appointment of a Local Commissioner with extensive powers to seize infringing products, examine accounts, and gather evidence at the defendants' premises, setting the stage for robust litigation.
Ms Cafe Brown Sugar Pvt Ltd v.Vyom Foodcraft Pvt Ltd & Anr.
The Delhi High Court addressed an application seeking to introduce additional documents related to trademark applications and assignments in a commercial suit. The court, emphasizing that procedure is the handmaid of justice, permitted the plaintiff to place statutory Trademark Registry documents on record, despite their belated submission. However, the court rejected a third-party legal notice as irrelevant to the pleadings. This order allows the litigation to proceed with expanded evidence while ensuring procedural fairness for both parties.
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.
Abbott Product Operations Ag & Anr. v.Medinox Pharmaceuticals & Ors.
In a significant development concerning trademark infringement, the Delhi High Court issued an order compelling Defendants No. 1 and 2 (pharmaceutical distributors) to immediately cease manufacturing medicines bearing the impugned trademark 'DUPHAMED' or any variation using 'DUPHA'. This interim relief was granted in the context of urgent proceedings, while also allowing time for existing stock disposal. The court further streamlined procedural requirements by granting exemptions related to document filing and pre-institution mediation.
Johnson And Johnson Consumer Companies Inc v.The Controller Of Patents
Johnson And Johnson Consumer Companies filed an application seeking to amend and file an auxiliary claim set in their patent appeal. The core legal question was whether such amendments were permissible at the appellate stage and if they complied with Section 59 of the Patents Act, 1970. The Court analyzed precedents regarding amendment powers and found that the proposed changes narrowed the scope of the original claims by adding specific agents. Consequently, the court allowed the amendments and took the auxiliary claims on record.
Ashok Kumar Bhatia Trading As Kanika Impetus v.Kamal Raheja Trading As Amaira Herbals
The Delhi High Court issued an interim stay on a Commercial Court's order that had made an ad-interim injunction absolute. The dispute centered on the alleged infringement and passing off concerning the identical trademark 'MARKS GO' used for skin products by both parties. While noting procedural deficiencies in the lower court's decision regarding passing off principles, the High Court ultimately decided to stay the operation of the restrictive order pending a full appeal hearing.
The Football Association Premier League Limited v.Yoghurt Tv & Ors.
The Football Association Premier League Limited filed a suit seeking permanent injunction for the infringement of its copyrighted content by various 'Rogue Apps' like Yoghurt TV. The court initially granted procedural exemptions sought by the plaintiff regarding pre-litigation mediation and advance service upon regulatory bodies (DoT/MEITY). Crucially, the court also passed a significant temporary injunction order, granting a 'Dynamic+' relief to protect its works against ongoing infringement across various platforms.
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