Mixed
716 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
716 cases | Page 7 of 24
M/S. Rashik Soap Factory v.The Registrar Of Copyright & Ors.
The Delhi High Court allowed M/S. Rashik Soap Factory to amend its ongoing petition by incorporating a subsequent trademark registration. The petitioner sought to update the court record, confirming that they had acquired ownership of Trademark No. 4176479 through an assignment deed during the pendency of the case. This order allows the petitioner to formally bring this change in IP ownership before the court, ensuring all relevant facts are on record for the ongoing litigation.
SSAB TECHNOLOGY AB v.DEEPAK DINESH MEHTA AND OTHERS
The Delhi High Court issued a complex order in the trademark infringement suit, partially granting relief to SSAB Technology Ab. The court decreed the suit regarding specific permanent injunctions against the defendants concerning their use of infringing marks (HARDOX/Leomet-alloys). However, the court noted that the plaintiff declined an offer for full settlement and directed the suit to remain pending on remaining money claims, setting the stage for further litigation.
Fashnear Technologies Private Limited v.John Doe/S And Ors
In a significant interim order, the Delhi High Court granted permanent injunction reliefs sought by Fashnear Technologies Private Limited against John Doe and others. The court issued sweeping directives requiring entities like NPCI, telecom service providers, and Meta Platforms to take immediate action—including blocking UPI IDs, suspending phone numbers, and removing infringing social media content—to protect the plaintiff's trademarks ('MEESHO') and copyrights. This order sets a strong precedent for how IP holders can leverage court intervention against digital infringement across multiple platforms.
Tarakant Sangwani v.Apollo Pipes Limited
The Delhi High Court addressed an appeal concerning the custody of allegedly infringing goods in a trademark infringement suit. The appellant, who was the defendant below, challenged the Commercial Court's order directing that the seized goods be handed over on 'superdari' to the respondent (Apollo Pipes Limited). The court found merit in the appellant's argument, noting that the relief granted by the lower court exceeded what the respondent had sought in their application. Consequently, the High Court issued a notice for a show cause hearing and temporarily stayed the transfer of goods, keeping them under the custody of the appellant pending further orders.
Grena Limited v.Axon Medical Solutions Pvt Ltd And Anr
In a recent order, the Delhi High Court addressed an opposition matter concerning the 'GRENA' trademark. The court granted status quo regarding two specific trademark registrations (No. 5661191 and 6050365) held by Respondent No. 1, ensuring no changes are made until further judicial direction. Furthermore, the respondent was given four weeks to file their replies in the ongoing litigation.
Bhole Nath Foods Ltd v.Kirorimal Kashiram Marketing And Agencies Pvt Ltd
The Delhi High Court granted an interim stay on a Commercial Court's injunction, which had previously barred Bhole Nath Foods Ltd from using its 'Cheetal' trademark. The court found that there was no phonetic or visual similarity between 'Cheetal' and the respondent's 'Double Deer,' noting that the appellant held a valid registration dating back to 2007. This decision allows the appeal to proceed without immediate restriction on the use of the disputed mark.
Gurpal Singh v.Bhim Sain Wadhwa
The Delhi High Court addressed an application seeking to introduce historical letters and recent Income Tax Returns (ITRs) into a trademark dispute concerning the mark 'KHUSHDIL'. The court allowed the plaintiff to place on record old letters, which lend credence to the origin of the name through state functionaries. However, the request to admit ITRs spanning 2010 to 2025 was rejected due to the belated nature of the filing and adherence to commercial suit procedures. This decision allows the case to proceed with a mix of historical evidence and existing records.
Play Games 24X7 Private Limited v.R Y Easy Shop Private Limited & Anr.
The Delhi High Court issued an order in the trademark and copyright infringement suit filed by Play Games 24X7 Private Limited. The plaintiff informed the court that they had identified additional entities infringing their intellectual property rights and would seek impleadment of these parties. The court directed the matter to be listed before the Joint Registrar on April 23, 2025, while continuing the existing interim order.
Mukesh Chand Khandelwal Trading As M/S Khandelwal Brothers v.M/S S N Biri Factory Pvt Ltd & Anr.
The Delhi High Court addressed several procedural applications in the trademark appeal filed by Mukesh Chand Khandelwal. The court condoned an eight-day delay in refiling the appeal, allowing the matter to proceed. The case challenges the Registrar's decision that dismissed the appellant's trademark application due to a successful opposition filed by the respondent.
Epikindifi Software And Solutions Pty Ltd v.The Registrar Of Trademarks
The Delhi High Court addressed rectification petitions filed by Epikindifi Software and Solutions Pvt. Ltd. concerning the marks LEND.EZEE (No. 6174368 and 6174369). The court noted a procedural error in the filing, specifically regarding the petitioner's name. Consequently, the Court directed the petitioner to file a corrected Memo of Parties within one week. Further proceedings were scheduled after granting time for both parties to file their respective replies and rejoinders.
Jan Aushadhi Sangh v.M/S. Pharmaceuticals And Medical Devices Bureau of India (PMBI)
The Delhi High Court addressed an appeal filed by Jan Aushadhi Sangh challenging a lower court's judgment that granted injunction and damages to PMBI for trademark infringement. While the core dispute over the injunction was maintained, the High Court provided relief regarding the financial aspect of the ruling. The appellant was permitted to stay the execution of the Rs. 10 lakh damage award upon depositing Rs. 5 lakhs with the court, though the injunction against further alleged infringement remains in force.
Niva Bupa Health Insurance Company Limited v.Nicenic International Group Company Limited & Ors.
Niva Bupa Health Insurance Company filed a suit seeking permanent injunction against the defendants for infringing its registered trademarks, 'Niva' and 'Bupa,' through content creation and circulation. The Delhi High Court acknowledged the trademark infringement claims and noted that the matter required specialized handling. Consequently, the court ordered the papers to be placed before the IP Division of the Court for appropriate listing.
Creativeland Advertising Private Limited v.Winzo Games Private Limited
In a dispute concerning the use and registration of the tagline "Jeeto Har Dinzo," Creativeland Advertising sought interim protection against Winzo Games, alleging misappropriation of confidential information and trademark infringement. Despite the petitioner's request for immediate injunctions, the Delhi High Court opted to refer the matter to arbitration under Section 9 of the Arbitration & Conciliation Act. The court appointed Justice Manmohan Singh as the arbitrator and directed him to expedite the proceedings within five days due to the imminent advertising campaign timeline.
Interglobe Aviation Limited (Indigo) v.Mahindra Electric Automobile Limited & Anr.
The Delhi High Court allowed Interglobe Aviation Limited (Indigo) to submit crucial documentation related to its '6E' trademark registration. The plaintiff sought leave under the CPC to place on record certificates that were only obtained after the initial filing of the suit, arguing they were not in their possession at the time of litigation commencement. Given the defendants had no objection, the court granted the application, allowing the evidence to be formally included in the ongoing trademark dispute.
Purple Innovation, Llc v.Mr. Martin Davis Trading As M/S Purple Martin Mattreses And Ors.
The Delhi High Court permitted the plaintiff, Purple Innovation, LLC, to amend its plaint to incorporate details regarding three newly registered trademark applications. While the suit continues, the court noted that both parties use deceptively similar marks ('PURPLE' and 'PURPLE MARTIN') for mattresses. The court encouraged a settlement, instructing the plaintiff to consider dropping claims for costs and damages if the defendants agree to adopt a new mark.
Mahle Gmbh v.Madan & Ors.
In a significant ruling concerning trademark infringement, the Delhi High Court allowed Mahle Gmbh to implead Mr. Ankur Jain (M/s A.J. Enterprises) as a defendant after local commissioner reports found counterfeit 'MAHLE' pistons at his premises. Consequently, the court extended the existing interim injunction order against this newly added party. This decision underscores the judiciary's willingness to ensure all parties involved in counterfeiting activities are brought before the court for proper adjudication.
Under Armour, Inc v.Pro-Train Sports Llp & Ors
In a trademark infringement suit filed by Under Armour against Pro-Train Sports LLP, the Delhi High Court addressed an application seeking exemption from mandatory pre-institution mediation. Despite the plaintiff alleging identical trade and business operations, including the use of similar logos (a bull), the court opted not to grant the exemption. Instead, it referred the matter to Pre-Institution Mediation, setting a date for January 15, 2025.
Neeraj Jain v.Controller General Of Patents, Designs and Trademark & Anr.
The Delhi High Court addressed several applications in the writ petition filed by Neeraj Jain against the Controller General of Patents. Crucially, the court condoned a 36-day delay in filing the petition itself. The core matter involves challenging an order that declared the petitioner's design application abandoned due to a belatedly filed Power of Attorney. Notice has been issued, setting the stage for further arguments on the merits of the abandonment claim.
Allied Blenders And Distillers Limited v.Tilaknagar Industries Limited & Ors
In a suit concerning alleged trademark, copyright, and passing off infringement, the Delhi High Court issued several procedural orders. Crucially, regarding the interim injunction application, the court accepted the defendants' commitment to immediately stop using the disputed label on new products as of December 26, 2024. This temporary relief is subject to the defendants exhausting their existing stock bearing the impugned label, which they must detail in an affidavit.
Bennett Coleman And Company Limited v.Two Star Media Private Limited
Bennett Coleman And Company Limited filed a petition seeking the removal of a deceptively similar trademark (LIVE TIMES) registered by Two Star Media Private Limited. The petitioner argued that its own trademarks, 'TIMES' and its family, are prior, extensively used since 1943, and highly reputed. The court accepted notice and directed both parties to file detailed replies within four weeks, setting the stage for a substantive hearing on trademark infringement and similarity.
Saif Hong Kong Holdings Ltd. v.John Doe/ Ashok Kumar And Ors
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Saif Hong Kong Holdings Ltd. against John Doe and others. The court granted several procedural reliefs, including exemption from pre-institution mediation and allowing the plaintiffs to file additional documents. Crucially, the court permitted specific service methods—such as email communication via designated Grievance Officers—for defendants located outside India or those identified as DNRs (Defendant Not Represented), while also exempting the plaintiff from advance service upon Defendant No. 1 due to the urgent nature of the relief sought.
United Spirits Limited & Anr. v.Globus Spirits Limited
In a recent order, the Delhi High Court addressed an application filed by Globus Spirits Limited seeking leave to cancel trademark registrations held by United Spirits Limited. The defendant argued that the plaintiffs' trademarks were not in use. The court accepted notice from the plaintiffs and directed them to file a reply within four weeks, followed by a rejoinder within two weeks, setting the next hearing for February 24, 2025.
Pt Tech, Llc v.The Controller Of Patents, Designs And Trademarks And Anr.
Pt Tech, Llc challenged the actions of The Controller of Patents, Designs and Trademarks in accepting a counter statement beyond the statutory period under the Trade Marks Act, 1999. The Delhi High Court addressed the petitioner's concerns regarding procedural violations related to evidence filing. Crucially, the court directed that the proceedings concerning opposition application no. 1307531 shall remain suspended until the next hearing date, providing temporary relief to the petitioner.
Havells India Ltd v.Mohit Talwar & Ors.
Havells India Ltd filed a suit against Mohit Talwar & Ors. concerning alleged infringement of its registered designs and trademark on Distribution Boards. The current order addresses an application seeking modification of the interim injunction, which required the Commissioner of Customs to stop the export of infringing products. To facilitate compliance with this suspension order, the court directed the defendants (No. 1, 2, and 3) to provide their Importer Exporter Code (IEC) details to enable effective enforcement.
Tecniqua India Private Limited v.Abdullah Proprietor Of Azam And Company & Anr.
The Delhi High Court addressed an application filed by Tecniqua India Private Limited seeking permission to introduce additional legal proceedings certificates related to registered trademark applications of both parties. The court granted the request, subject to issuing proper notice to Respondent No. 1, setting a return date for January 15, 2025. This order indicates ongoing procedural steps in the trademark dispute.
Ms Shri Gorakh Bhandar v.The Commissioner Of Customs Appeals & Ors.
This Delhi High Court order sets the stage for a complex dispute concerning Intellectual Property Rights enforcement at customs. The petitioner has raised several critical questions, including whether protection can be granted without adhering strictly to the IPR (Imported Goods) Enforcement Rules, 2007, and whether failure to mention specific goods in import documents constitutes misdeclaration. The court has allowed procedural applications and scheduled the main hearing for February 12, 2025.
Kedar Nath Mishra v.Invision Medi Sciences Pvt. Ltd.
The Delhi High Court deferred the appeals filed by Kedar Nath Mishra against Invision Medi Sciences Pvt. Ltd. The court allowed further time for arguments and noted that the respondent required additional time to place documents on record regarding an amendment to its trademark registration, reflecting usage since 31.12.2007. Consequently, the appeals were released from part-heard status and rescheduled for a later date.
Modern Snacks Pvt. Ltd. v.Babu Lal Aggarwal Trading As Modern Namkeen Udyog & Anr.
The Delhi High Court addressed a petition filed by Modern Snacks Pvt. Ltd. seeking the removal of the trademark 'MODERN' (No. 915745) from the register, alleging that the respondent has adopted an identical/deceptively similar mark and trade dress. While granting procedural exemptions to the petitioner, the court proceeded with the main petition by issuing notice to all parties. The matter is now scheduled for further hearing after both sides file their respective replies.
Sreevidya Kumaramkandath v.Alkaabi Est & Anr.
The Delhi High Court addressed a petition filed by Sreevidya Kumaramkandath seeking the cancellation (revocation) of the registered device mark 'TEATIME' held by Alkaabi Est & Anr. The court noted the petitioner's claim that the impugned mark causes confusion due to its deceptive similarity to the petitioner's trademark. While initial procedural issues regarding party addresses were addressed, the core dispute over trademark infringement and likelihood of confusion is set for further hearing.
Max Healthcare Institute Limited v.Imax Healthcare Private Limited & Anr.
The Delhi High Court addressed an appeal challenging a lower court's rejection of a temporary injunction sought by Max Healthcare Institute Limited against Imax Healthcare Private Limited. The core dispute centered on the alleged deceptive similarity between Max's well-known 'MAX' trademark, used extensively in healthcare services since 2000, and the respondent's use of 'IMAX'. While acknowledging the strong prima facie case for confusion, the High Court ultimately allowed the appeal, directing the matter back to the District Judge for a fresh hearing on the injunction application.
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