Mixed
1,014 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
1014 cases | Page 9 of 34
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.
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.
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.
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.
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.
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.
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.
Sh Nirmal Kumar @ Nirmal Kumar Gupta & Ors. v.State(Govt. Of Nct Of Delhi) And Anr.
The Delhi High Court issued a significant order rectifying entries in the Trade Marks Register concerning two trademarks (No. 1116678 and No. 2091984). Following mediation settlement, the court restored M/s Rattan Milk Specialities Private Limited as the original proprietor of TM No. 1116678, cancelling previous entries in favor of Nirmal Kumar. The court also rectified the entry related to TM No. 2094984. While the petitioners sought quashing of an FIR, the primary focus was on correcting the trademark ownership records based on the settlement terms.
Leayan Global Private Limited v.Comfort X India & Anr.
The Delhi High Court issued an order in the trademark dispute between Leayan Global Private Limited and Comfort X India & Anr., granting a request for adjournment. While arguments were pending regarding the distinctiveness of competing trademarks like 'COMFORT WALK,' the court allowed the petitioner to present additional documents despite their recent filing. The hearing was re-notified for December 17, 2024, contingent upon Leayan Global depositing costs.
Chattisgarh Distilleries Limited v.Great Galleon Ventures Ltd & Anr.
The Delhi High Court issued a procedural order in the dispute between Chattisgarh Distilleries Limited and Great Galleon Ventures Ltd. The court directed the impleadment of the Registrar of Trademarks and ordered various parties to file amended memos, additional affidavits, and formal responses regarding original registration documents presented by the petitioner. This indicates the case is progressing through a detailed evidentiary phase.
Chattisgarh Distilleries Limited v.Great Galleon Ventures Ltd & Anr.
The Delhi High Court issued a procedural order in the dispute between Chattisgarh Distilleries Limited and Great Galleon Ventures Ltd. The court directed the impleadment of the Registrar of Trademarks and ordered various parties to file amended memos, additional affidavits, and formal responses regarding original registration documents presented by the petitioner. This indicates the case is progressing through a detailed evidentiary phase.
Rahul Kapoor Trading As Royal Field And Co. v.Naresh Kumar Trading As Ms Nutan Malleables
The Delhi High Court addressed procedural applications in a trademark rectification case concerning the mark 'ROYAL'. While granting an exemption from filing certified copies, the court also accepted the application for condonation of 143 days of delay. The core petition seeks to rectify the trademark 'ROYAL' based on the discovery of a competing registered mark owned by the respondent, arguing likelihood of confusion among consumers.
Mankind Pharma Limited v.Alembic Pharmaceuticals Limited
In a trademark infringement suit, Mankind Pharma Limited sought an injunction against Alembic Pharmaceuticals Limited regarding the use of the mark 'TOFASTAR' versus 'TOBASTAR'. The court allowed the plaintiff's request for exemption from pre-litigation mediation due to the urgency of the matter. Furthermore, both parties indicated a willingness to settle the dispute at the earliest opportunity, leading the court to renotify the case for further proceedings.
Sanjeev Gupta v.Aman Gupta Trading As M/S Delhi Electricals Trading Company & Anr.
The Delhi High Court addressed multiple petitions concerning trademark disputes between family members. The cases involved rectification requests challenging the registration of marks like 'USHA' and a suit seeking injunction against alleged infringement using the mark 'ANUSHA'. Given the familial nature of the dispute, the court opted not to proceed with immediate litigation. Instead, the parties were referred to Pre-Institution Mediation to explore an amicable resolution. This order highlights the judiciary's preference for alternative dispute resolution (ADR) in complex family IP disputes.
Sanjeev Gupta v.Aman Gupta Trading As M/S Delhi Electricals Trading Company & Anr.
The Delhi High Court addressed multiple petitions concerning trademark disputes between family members. The cases involved rectification requests challenging the registration of marks like 'USHA' and a suit seeking injunction against alleged infringement using the mark 'ANUSHA'. Given the familial nature of the dispute, the court opted not to proceed with immediate litigation. Instead, the parties were referred to Pre-Institution Mediation to explore an amicable resolution. This order highlights the judiciary's preference for alternative dispute resolution (ADR) in complex family IP disputes.
Sanjeev Gupta v.Aman Gupta Trading As M/S Delhi Electricals Trading Company & Anr.
The Delhi High Court addressed multiple petitions concerning trademark disputes between family members. The cases involved rectification requests challenging the registration of marks like 'USHA' and a suit seeking injunction against alleged infringement using the mark 'ANUSHA'. Given the familial nature of the dispute, the court opted not to proceed with immediate litigation. Instead, the parties were referred to Pre-Institution Mediation to explore an amicable resolution. This order highlights the judiciary's preference for alternative dispute resolution (ADR) in complex family IP disputes.
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