Mixed
716 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
716 cases | Page 9 of 24
Elder Remedies Limited v.Elder Prroject Limited And Anr.
The Delhi High Court addressed several interlocutory applications, including those concerning document filing procedures. Crucially, the court proceeded with the main petition filed by Elder Remedies Limited seeking cancellation of a copyright registration (No. 2153/2020-CO/A). The petitioner alleges that the respondent unlawfully obtained the copyright without proper notification under Rule 70(9) of the Copyright Rules, 2013, which fundamentally prejudices the petitioner's rights. The court accepted notice and directed both parties to file detailed replies regarding the validity of the registration.
Guruji Enterprises Pvt Ltd & Anr. v.Deepak Kumar Mittal & Anr.
Guruji Enterprises Pvt Ltd has filed a petition before the Delhi High Court seeking the removal and cancellation of a similar trademark used by Deepak Kumar Mittal. The petitioner asserts that their family has been commercially using the 'GURU JI' mark since 1983-84, establishing prior and senior rights in relation to various goods. The court accepted notice from the respondent and directed both parties to file detailed replies within specified timelines, setting the stage for a full hearing on trademark infringement/revocation.
M/S Rspl Health Private Limited v.Mittal Industrial Corporation & Anr
The Delhi High Court addressed several applications in the trademark dispute between M/S Rspl Health Private Limited and Mittal Industrial Corporation & Anr. While procedural matters like exemption from certified copies were granted, the core petition seeking removal or rectification of the impugned trademark 'SAGAR SUPREME LABEL' was advanced. The court accepted notice and directed all parties to file their replies within specified timelines, setting the stage for a substantive hearing on the alleged deceptive similarity.
L&T Valves Limited v.M/S Isteel
In a suit concerning trademark infringement, L&T Valves Limited successfully secured several interim reliefs from the Delhi High Court. The court granted exemptions regarding pre-litigation mediation and advance service, allowing the plaintiff to proceed urgently. Crucially, the court passed an order for ex-parte ad-interim injunction, directing the appointment of a Local Commissioner to seize infringing material and inspect relevant documents, thereby providing immediate protection against alleged trademark misuse.
Yonex Kabushiki Kaisha Trading As Yonex Co Ltd v.Harshit Setia & Anr.
Yonex filed a petition seeking the rectification and expungement of a trademark registration (No. 5548308) in Class 25, held by Harshit Setia, for the mark 'AERUS'. Yonex argued that the registration was obtained in bad faith and lacked bonafide use, making it ex facie illegal under Section 47(1)(a) of the Trade Marks Act. The Delhi High Court accepted notice and directed both parties to file their respective replies within specified timelines, setting the matter for further hearing.
Shri Kirit Bhadiadra v.Wings Pharmaceuticals Pvt. Ltd.
The Delhi High Court allowed Wings Pharmaceuticals Pvt. Ltd. (the respondent) to introduce a recent trademark registration certificate for 'MEDILICE' into the ongoing litigation. Although the original suit concerned infringement and passing off, the court recognized that the new Class 5 registration could bear on the disputes between the parties. This order allows the introduction of evidence relating to the mark's expanded scope, while preserving the rights of the appellant.
Jindal (India) Limited v.Ratan Kumar Choudhary & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark and copyright infringement suit filed by Jindal (India) Limited against Ratan Kumar Choudhary & Anr. While granting procedural exemptions, the court specifically advanced the main injunction request (I.A. 6082/2024). The court found prima facie evidence of deceptive similarity between the plaintiff's registered mark 'JINDAL' and the defendants' usage on roofing sheets, ordering notice to the defendants to record their undertaking before the Court.
Mohd Shakir v.Gopal Traders & Anr.
Mohd Shakir appealed a single judge's decision that dismissed his petition seeking cancellation or rectification of a work registered under No. A-120894/2017, which was claimed by Gopal Traders & Anr. The core dispute revolves around the mark "MYA," where the appellant claims prior rights based on third-party trademark registrations held by Mr Youssef and Mya International. The court found the matter required examination and issued notice to all respondents.
Is Eg Halal India Private Limited v.Standard Frozen Foods Exports Pvt. Ltd
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Is Eg Halal India Private Limited against Standard Frozen Foods Exports Pvt. Ltd. The court granted the plaintiff an ex-parte ad-interim injunction, recognizing the importance of their 'IS EG Halal' mark in the market. Furthermore, it appointed a Local Commissioner with broad powers to seize infringing packaging materials and inspect relevant books of accounts, ensuring immediate protection for the trademark holder.
Ideal Prepaid India Private Limited v.Idealpe Matrix Private Limited
The Delhi High Court addressed several procedural applications in the trademark passing off suit filed by Ideal Prepaid India Private Limited against Idealpe Matrix Private Limited. While granting exemptions from pre-institution mediation, the court formally registered the plaint as a suit and directed that summons be issued to the defendants. The order also detailed the plaintiffs' claims regarding their prior use of the 'FRONTIER' mark across various domains and products, setting the stage for the substantive trial.
Havells India Ltd & Anr. v.Ashok Kumar John Doe & Ors.
The Delhi High Court addressed multiple applications in the suit filed by Havells India Ltd against Ashok Kumar John Doe & Ors. The core dispute involves alleged fraudulent investment schemes operating under the 'HAVELLS' brand name. Crucially, the court issued significant interim directions, ordering defendants to block access to infringing websites and provide complete disclosure/block of KYC details associated with accounts used for these illegal activities. Furthermore, procedural matters were settled, including granting exemptions from pre-institution mediation and allowing the filing of electronic evidence.
Cosco India Ltd v.Varsha Sports
In a suit concerning the alleged infringement of its registered trademarks and copyright, Cosco India Ltd successfully moved an application before the Delhi High Court. The court allowed the plaintiff to introduce official certificates from the Trademark Registry into the record. This procedural step is crucial for establishing the validity and scope of the intellectual property rights at the nascent stage of the litigation.
Satnam Brush Industry v.Amul Brush Company & Ors.
The Delhi High Court addressed several applications in the ongoing dispute between Satnam Brush Industry and Amul Brush Company. Crucially, the court granted an interim injunction to Satnam Brush Industry, recognizing that the defendants' packaging and trade dress were deceptively similar to the plaintiff's well-established brand 'AMBER'. Furthermore, the court appointed a Local Commissioner to inspect the defendants' books of accounts and infringing products, signaling a deep dive into the alleged infringement and passing off.
Industria De Diseno Textil, S.A. v.Registrar Of Trade Marks & Anr.
Industria De Diseno Textil, S.A. appealed the Registrar of Trade Marks' decision dismissing an opposition against a similar mark (ZORA). The appellant argued that the use of ZORA by a bag manufacturer would exploit the goodwill and reputation of their well-known trademark, ZARA, particularly in relation to textiles. While the court granted procedural relief regarding delay condonation and exemption from filing copies, it issued notice to the opposing party (Respondent No. 2) to file a reply, indicating that the substantive dispute over trademark infringement and passing off is yet to be decided.
Pernod Ricard India Private Limited v.Jagatjit Industries Limited & Ors.
Pernod Ricard India Private Limited filed petitions seeking the cancellation of a rival trademark registration, 'ROYAL PRIDE,' held by Jagatjit Industries Limited. The petitioner alleged that ROYAL PRIDE is deceptively similar to its prior and well-established mark, 'BLENDERS PRIDE,' and was being used illicitly to ride upon their goodwill. While some applications were disposed of after granting a 30-day extension for filing clear documents, the court proceeded with issuing notice in the main cancellation petition, setting the matter for further arguments.
Lifestyles Healthcare Pte Ltd v.The Registrar Of Trademarks Delhi
Lifestyles Healthcare Pte Ltd challenged the Registrar of Trademarks Delhi's refusal to register the trademark 'SKYN' in Class 5. The Delhi High Court accepted notice and directed both parties to file detailed submissions on the matter. This marks an active legal challenge regarding the registrability of the mark.
Anil Kumar Sole Proprietor Of M/S Anil Kumar Ramesh Kumar v.Jyoti Sales House & Anr.
The Delhi High Court addressed a suit filed by Anil Kumar, seeking permanent injunctions against the alleged infringement of his registered trademark 'DHANI' used for edible oil. The plaintiff claimed that the defendant's mark, 'DHANIBABA', was deceptively similar in the same business sector. Recognizing the potential for resolution, the court referred the matter to the Delhi High Court Mediation and Conciliation Centre, allowing both parties an opportunity to settle their trademark dispute outside of litigation.
Varun Chopra & Anr. v.Shyam Sunder Chopra Sons Huf & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Varun Chopra against Shyam Sunder Chopra Sons Huf. The court allowed the main suit to proceed after resolving jurisdictional issues and granting various procedural exemptions, including those related to document filing and advance service. Crucially, the court referred the dispute to mediation, encouraging the parties to explore an amicable settlement despite the clear allegations of passing off and trademark infringement.
Spread Home Products Pvt. Ltd v.Homescapes @ Kesri Transcontinental
The Delhi High Court granted interim relief to Spread Home Products Pvt. Ltd in its suit against Homescapes @ Kesri Transcontinental regarding the alleged infringement of 'DOCTOR PILLOW'. The court allowed an ex-parte appointment of a Local Commissioner to conduct a search and seizure at the defendant's premises, aiming to gather evidence of counterfeit products. Furthermore, the court granted exemptions from pre-institution mediation and condoned a delay in filing the suit, paving the way for the main litigation.
Radha Kishan Agarwal & Anr. v.M/S Ignyt Electricals
The Delhi High Court addressed an appeal filed by Radha Kishan Agarwal & Anr. challenging a Commercial Court order that had restricted their use of the trademark 'IGNYT' due to alleged infringement on M/S Ignyt Electricals' registered mark 'IGNYT'. The appellants argued they were merely distributors of genuine goods and sought permission to sell their existing stock. While the High Court noted procedural gaps in the lower court's decision, it deferred a final ruling on the stay application, listing the matter for further instructions from both parties.
Ashim Gujral v.Moti Mahal Delux Management Services Private Limited & Anr.
Ashim Gujral has initiated legal action against Moti Mahal Delux Management Services regarding the registration of the trademark 'MOTI MAHAL GROUP'. The petitioner asserts co-ownership of the 'MOTI MAHAL' mark and claims that Respondent No. 1 obtained the impugned registration by making false statements, relying on the petitioner's rights without consent. The court has issued notice to both parties, setting the stage for formal opposition proceedings.
Roppen Transportation Services Private Limited v.Mr. Nipun Gupta & Anr.
Roppen Transportation Services Private Limited filed a petition seeking the removal of an allegedly infringing trademark, 'RAPIDO' (No. 4459206), registered in Class 39. The Delhi High Court proceeded with issuing notice to all permissible parties, setting the matter for return on September 24, 2024. While procedural applications regarding document filing were addressed, the core dispute over trademark cancellation is now moving forward.
Malhotra Surgical Industries v.Dharam Pal Singh Bhatia & Anr.
In this trademark infringement matter, the Delhi High Court issued interim directions concerning the online sale of 'MICROTONE' products. While the defendant undertook not to sell or distribute the impugned goods, the plaintiff noted that the products remained available on various e-commerce platforms. Consequently, the court directed both parties to file detailed affidavits—the plaintiff detailing current infringing listings and the defendants naming all distributors—to allow for further appropriate judicial action.
M/S Nakoda Food Marketing & Ors. v.M/S Mahesh Edible Oil Industries Limited
The Delhi High Court addressed an application filed by the respondent seeking interim relief in a trademark dispute. The court noted that while the respondent's mark is registered and well-known, the appellants' mark was unregistered and had previously been withdrawn from registration. Consequently, the court declined to grant any ad interim order at this stage but directed the appellants to file detailed documentation regarding their prior use and application history for future consideration.
M/S Shree Hari Industries (Hari Oil Mill) v.Registrar Of Copyrights And Anr
M/S Shree Hari Industries filed proceedings against the Registrar of Copyrights, alleging that certain copyright grants were improperly issued. The petitioner contended that these grants failed to properly consider their pre-existing registered trademarks. During the hearing on May 29, 2024, the court accepted trademark search certificates and noted the petitioner's request for a stay on the use of the disputed marks. The matter was listed for further consideration.
Manash Lifestyle Private Limited v.Paghadar Riddhi Savanbhai & Ors.
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Manash Lifestyle Private Limited against Paghadar Riddhi Savanbhai & Ors. The court formally registered the plaint as a commercial suit and set out procedural timelines for both parties to file their respective pleadings, including affidavits of admission/denial of documents. Additionally, several interlocutory applications seeking exemptions from pre-institution mediation and advance service were granted by the court.
Sun Pharma Laboratories Ltd. v.Microcosm Pharma & Ors.
In a trademark infringement suit, Sun Pharma Laboratories Ltd. filed a claim against Microcosm Pharma regarding the alleged deceptive similarity between its registered mark 'PEGMOVE' and the defendant's mark 'PEG-MU'. During court proceedings, the proprietor of Defendant No. 1 voluntarily offered to discontinue the use of the impugned mark and undertake not to adopt any similar marks. While the suit continues for formal registration and issue framing, this offer suggests a potential path toward an amicable resolution.
Nandi Infratech P. Ltd. v.Himanshu Bhandari & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Nandi Infratech P. Ltd. against Himanshu Bhandari & Ors. The court allowed exemptions from pre-institution mediation and filing certain annexures, while also proceeding with the main injunction application under Order XXXIX Rules 1 & 2 CPC. The plaintiff seeks a permanent injunction to prevent the defendants from using the deceptively similar mark 'AMAATRA BANQUETS' against the registered trademark 'AMAATRA'.
Gujarat Cooperative Milk Marketing Federation Limited v.Jg Hosiery Pvt Ltd
Gujarat Cooperative Milk Marketing Federation Limited (Amul) filed a petition seeking the cancellation of the trademark 'AMUL BINDASS' registered in Class 25. The court accepted the arguments that Amul is the owner of the well-known mark 'AMUL' and has associated device marks, initiating formal proceedings. Notice was issued to Jg Hosiery Pvt Ltd, setting the stage for a detailed legal contest over trademark rights.
The Food Masters v.V G And Group & Ors.
In a trademark dispute concerning the mark 'THE FOOD MASTER', the Delhi High Court suspended an existing ex parte injunction. The suspension was granted to allow the court to comprehensively assess conflicting claims regarding prior use and senior adoption by both parties. The court directed both sides to place crucial documents, including evidence of user status from 2013 and details of a related suit filed in Faridabad, on record before proceeding.
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