Plaintiff Favorable
624 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
624 cases | Page 11 of 21
Huck International, Inc v.Assistant Controller Of Patents And Designs
Huck International appealed the rejection of its divisional patent application based on an objection under Section 16 of the Patents Act. The Appellant argued that they were denied a fair opportunity because the final decision was based on an objection not enumerated in the initial hearing notice. The Court agreed, setting aside the impugned order and directing the Respondent to issue a fresh notice.
M/S Raj Steel Rolling Mills v.M/S Haryana Strips Pvt Ltd & Anr.
The Delhi High Court allowed a petition filed by M/S Raj Steel Rolling Mills seeking cancellation of the trademark 'SHAILDU HEAVY'. The court found that the impugned mark was deceptively and structurally similar to the Petitioner's prior registered mark, 'SALDU', which had been in continuous use since 1974. Given the identical nature of the goods (iron and steel shapes) and the clear evidence of prior usage by the petitioner, the registration of 'SHAILDU HEAVY' was deemed a contravention of the Trade Marks Act, leading to its cancellation.
Jupiter Aqua Lines Limited v.Vtsrn Systems Private Limited & Anr.
The Delhi High Court addressed an application seeking correction in a prior order concerning trademark disputes. The court allowed the petition, correcting an inadvertent error where Respondent No. 2 was incorrectly directed to remove the Petitioner's mark. Instead, the corrected order mandates that Respondent No. 2 must remove the registration of the specific 'JAL' (Device) mark belonging to Respondent No. 1 from the Trademark Register and update its website accordingly.
Omved Lifestyle Pvt Ltd. v.Sanjay Jain
The Delhi High Court granted a petition for rectification, ordering the removal of the trademark 'OMVEDA' (Registration No. 1953655) from the Register. The petitioner, Omved Lifestyle Pvt Ltd., successfully argued that the impugned mark was dishonest and unfair, causing potential confusion with its own established marks ('OMVED'). The court found that allowing the registration would amount to passing off and deceive the public, thereby upholding the petitioner's claim as the exclusive owner of similar marks.
Eastman Auto And Power Ltd v.Mr. Amritpal Singh Proprietor Of Akai Battery House
The Delhi High Court granted an ex parte ad-interim injunction in favor of Eastman Auto And Power Ltd against Mr. Amritpal Singh Proprietor Of Akai Battery House. The plaintiff, a major battery manufacturer, alleged that the defendant was infringing its registered trademarks by using confusingly similar marks like 'EASTPOWER' on batteries. The court found that the plaintiff had made out a prima facie case and granted immediate relief to prevent irreparable harm while the suit proceeds.
M/S Arm Limited v.Union Of India & Anr.
The Delhi High Court ruled in favor of M/S Arm Limited, setting aside a previous refusal order that blocked the registration of their trademark 'AMBA'. The court accepted the reasoning from the dissolved IPAB and directed the Registrar of Trade Marks (Respondent No. 2) to proceed with the advertisement and registration process within four weeks. Furthermore, the Court highlighted systemic issues regarding the retention and authentication of records from defunct tribunals, mandating a status report on this matter.
Jack In The Box Inv. 9330 Balboa Ave. San Diego, CA v.Marching Ants Hospitality Pvt Ltd.
The Delhi High Court granted a petition for rectification, ordering the removal of the trademark 'Jack in the Box' registered by Marching Ants Hospitality Pvt Ltd. The petitioner, Jack In The Box, successfully argued that its mark is an earlier and well-established brand with significant international reputation. Furthermore, the court noted evidence suggesting non-use of the impugned mark by the respondent, leading to the removal order.
Jrpl Riceland Llp v.Neeraj Mittal & Anr.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Jrpl Riceland Llp against Neeraj Mittal & Anr. The court found a prima facie case for infringement, noting the identical use and color scheme (green and gold) of the 'Biryani King' trademark on both parties' rice products. This interim order restrains the defendants from using the disputed mark or any deceptively similar permutations until the final hearing, safeguarding the plaintiff against irreparable harm.
Abhinav Immigration Services Pvt. Ltd. v.The Registrar Of Trade Marks
The Delhi High Court set aside the Registrar's refusal to register the mark 'VISA EXPERTS - PARTNERING LIFE CHANGING DECISIONS' for visa and immigration consultancy services. The court ruled that the composite nature of the mark prevents it from being deemed merely descriptive under Section 9(1)(b). Furthermore, addressing the likelihood of confusion (Section 11(1)), the Court noted an agreement with the conflicting trademark owner to proceed provided a disclaimer of the word 'VISA' is included. Consequently, the application was directed to be advertised for registration.
Inter Ikea Systems Bv v.Https://Www.Cyberxg.Top/ And Others
The Delhi High Court allowed Inter Ikea Systems Bv's application to implead the registrars of the infringing domain names in the ongoing trademark suit. This crucial procedural step allows the plaintiff to directly target the parties responsible for operating the websites, strengthening their case against trademark infringement and passing off. Furthermore, the court extended the existing injunction order to these newly added defendants, maintaining the status quo until the final judgment.
Incyte Holdings Corporation v.Bdr Pharmaceuticals Internationals Private Limited
The suit was filed by Incyte Holdings Corporation and Novartis AG seeking protection of their patent (IN 269841) covering the anti-cancer drug RUXOLITINIB. The Plaintiffs alleged that the Defendant had obtained manufacturing approval for this compound, leading to a quia timet action. The Court granted an interim injunction restraining the Defendant from commercially manufacturing or launching RUXOLITINIB without court permission.
ATC IP LLC & Anr. v.Owner Of <Https://Atcindiatower. In/> & Ors
The Delhi High Court ruled in favor of ATC IP LLC, granting a permanent injunction against the operators of infringing domain names. The court found that the defendants' websites copied the plaintiffs' registered trademarks ('ATC', 'ATC India') and logos, causing potential misuse. Furthermore, the court ordered NIXI to facilitate the transfer of the infringing domain name www.atctower.in to ATC IP LLC, effectively resolving the dispute through summary judgment.
Vidya Mandir Classes Ltd. v.Wefrew Educations P. Ltd.
The Delhi High Court granted an interim injunction in favor of Vidya Mandir Classes Ltd. against Wefrew Educations P. Ltd., finding that Vidya Mandir had a prima facie case regarding the unauthorized use of its trademarks and proprietary course materials. The court observed that Wefrew was allegedly using these assets while simultaneously claiming disassociation, causing potential irreparable harm to the petitioner. Consequently, Wefrew was immediately restrained from using any material or marks associated with Vidya Mandir Classes.
Sintex Industries Ltd. v.Acme Tale Power Ltd And Anr (now Acme Cleantech Solutions Private Limited)
Sintex Industries Ltd filed a rectification petition seeking the revocation of Patent No. 2137154, titled "Phase Change Material," which was granted to Acme Tele Power Limited (now Acme Cleantech Solutions Private Limited). The court considered an affidavit from the respondent confirming that while they were previously in the telecom industry, their current focus is renewable energy and solar power projects. Crucially, the respondent stated they had no objection to the patent being revoked prospectively.
M/S Loreal S.A. v.Ravi Gandhi & Anr.
The Delhi High Court allowed the appeal filed by M/S Loreal S.A., setting aside a lower court order that had permitted respondents to use the trademark 'MABELLE' as part of their corporate name and business communications. The Court clarified that while Section 29(5) of the Trade Marks Act, 1999, addresses trade names, the unauthorized use of a registered mark in this manner still constitutes infringement under other sections, specifically Section 29(6)(d). This ruling reinforces the protection afforded to registered trademarks against deceptive similarity and commercial exploitation.
Sporta Technologies Pvt. Ltd. v.Rahul Sharma And Ors
The Delhi High Court granted an interim injunction in favor of Sporta Technologies Pvt. Ltd., recognizing a prima facie case for trademark infringement and passing off against Rahul Sharma and others. The court found that the use of deceptively similar marks like 'Dream 11 onlinematka' creates a high chance of confusion, especially online. Consequently, the defendants were restrained from using the infringing mark and directed to lock and suspend the associated website and domain name.
Retail Royalty Company & Anr. v.Garvit Khandelwal, Trading As Ektarfa Garments & Ors
The Delhi High Court ruled in favor of the Plaintiffs, Retail Royalty Company & Anr., against Garvit Khandelwal (Ektarfa) for trademark infringement involving 'American Eagle' apparel. Despite the defendant claiming lack of knowledge and offering a settlement, the court found him liable due to his previous conduct as an infringer. The suit was decreed with a permanent injunction and an award of Rs. 3,00,000/- in damages.
Hindustan Pencils Ltd. v.Puma Stationery Ltd. and Anr.
Hindustan Pencils Ltd. successfully secured a decree in its trademark infringement suit against Puma Stationery Ltd. and A.W. Faber-Castell (India) Ltd. The judgment was based on an amicable settlement where the defendant, A.W. Faber-Castell, formally acknowledged Hindustan Pencils' ownership of the trademarks 'PLASTO' and 'NON-DUST'. Crucially, the defendant agreed to cease using these marks in stationery products and withdraw pending opposition and rectification proceedings against the plaintiff’s rights.
M/S. Cp Century Hardware Pvt. Ltd. v.Divyam Gupta
The Delhi High Court granted an interim injunction favoring M/S. Cp Century Hardware Pvt. Ltd. against Divyam Gupta, finding that the defendant was attempting to ride on the plaintiff's established trademark rights. The court recognized the substantial use and reputation of the 'CP CENTURY' mark in kitchen hardware products. Consequently, the defendant was restrained from using deceptively similar marks like 'CENTUARY PLUS/ACE CENTUARY PLUS' until the final hearing of the suit.
Hartek India Pvt Ltd v.Hartek Design And Software Solutions Private Limited
The Delhi High Court allowed an interim injunction in favor of Hartek India Pvt Ltd, finding a prima facie case of trademark infringement and passing off against Hartek Design And Software Solutions Private Limited. The court noted that the defendant's use of 'HARTEKDSS,' despite the added suffix, was deceptively similar to the plaintiff's established mark 'HARTEK.' This order serves as a crucial early victory for the plaintiff, restraining the defendant from using the confusingly similar name while the full suit proceeds.
Tv Today Network Limited v.Capital Tv And Ors.
The Delhi High Court granted an interim injunction in favor of Tv Today Network Limited against Capital TV and others. The court found a prima facie case of passing off and trademark infringement, noting that the defendants were imitating the plaintiff's distinctive program names and logos across various digital platforms. Consequently, the defendants were restrained from using deceptively similar marks for news/current affairs programs and ordered to take down all infringing links online.
ITC Limited v.Ashok Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of ITC Limited, restraining defendants from using infringing domain names and sub-domains that fraudulently solicit franchises and dealerships under the guise of ITC's brand. The court reinforced previous orders, directing Domain Name Registrars to immediately lock and suspend the specified domains while also instructing the Cyber Cell to freeze numerous bank accounts linked to these fraudulent activities.
Glaxo Group Limited v.Dermazone Pharmaceuticals Private Limited
Glaxo Group Limited successfully secured an ad-interim injunction against Dermazone Pharmaceuticals in a trademark infringement suit. The Delhi High Court found that the Defendant's mark, 'BECLOVATE,' is phonetically and deceptively similar to the Plaintiff's registered mark, 'BETNOVATE.' Given the identical nature of the products (skin treatments) and strong market presence of Glaxo, the court granted immediate relief to prevent consumer confusion. The injunction restricts the manufacture and sale of the infringing product moving forward.
Ht Media Limited & Anr. v.Hindustan News Network & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Ht Media Limited against Hindustan News Network. The court found that the defendant was attempting to pass off its news channel and name as being connected with the long-established 'HINDUSTAN' mark owned by the plaintiff. Consequently, the defendants were restrained from using the infringing mark and logo, and orders were issued compelling domain registrars (GoDaddy) and tech platforms (Google/Meta) to suspend the infringing website and take down related content.
Microsoft Corporation v.Pcpatchers Technology Private Limited
In a significant ruling concerning brand protection, the Delhi High Court directed various international Domain Name Registrars (DNRs) to comply with an existing injunction. Microsoft Corporation sought permanent relief against entities allegedly violating its trademarks and copyrights through fraudulent activities using 'MICROSOFT' in domain names. The court granted a final opportunity for DNRs to provide necessary WHOIS details and suspend the infringing domains, warning that failure to comply within one week would lead to legal action by the Ministry of Electronics and Information Technology (MeitY).
Cresset Capital Management Llc & Anr. v.Registrant Of Www.Cressetcapital.In & Ors.
The Delhi High Court granted interim relief in a trademark infringement suit filed by Cresset Capital Management LLC against domain name registrants. The court recognized the global goodwill associated with the 'Cresset' mark, despite its lack of Indian registration, finding that several registered domains were being used to commit fraud and misrepresent the Plaintiffs' business. Consequently, the Court directed Domain Name Registrars (DNRs) and Internet Service Providers (ISPs) to immediately lock and suspend the infringing websites, while also directing law enforcement to commence action against the perpetrators.
Dr. Reddys Laboratories Limited v.Fast Cure Pharma And Anr.
The Delhi High Court allowed a petition seeking the rectification of a trademark registration, declaring the mark 'RAZOFAST' illegal. The court found that 'RAZOFAST' was deceptively similar to the petitioner's prior registered mark 'RAZO', which is used for the pharmaceutical compound Rabeprazole. Consequently, the registration of 'RAZOFAST' was cancelled and removed from the register.
Relaxo Footwears Limited v.Om Shiv Footwear Through Its Owner Partner Proprietor Mr. Sushil Bansal
The Delhi High Court granted an ex parte ad interim injunction in favor of Relaxo Footwears Limited against Om Shiv Footwear. The suit alleged infringement of a registered design (Design No. 365606-001) for its 'BAHAMAS' footwear, along with passing off and imitation of the unique trade dress and packaging. The court found that a prima facie case was made out, noting striking similarities in both the product design and the distinctive packaging between the parties. This interim order immediately restrained the defendant from further dealing in the infringing products.
Bigmuscles Nutrition Pvt Ltd v.Avijit Roy & Ors.
Bigmuscles Nutrition Pvt Ltd successfully secured an ad interim injunction against social media influencers (Defendants 1-3) who were allegedly spreading false and defamatory claims about its '100% Performance Whey' product. The court found that the defendants' videos, which claimed the supplement was unsafe and amino spiked, constituted deliberate defamation and tarnishment of goodwill. Consequently, the court ordered the immediate takedown of specific impugned content across various social media platforms to prevent irreparable harm to the plaintiff’s reputation and sales.
Great Galleon Ventures Limited v.Champa Prema Tandel Sole Proprietor Of Dharmesh Distillery & Anr.
The Delhi High Court confirmed the existing ex-parte interim injunction, ruling in favor of Great Galleon Ventures Limited (Plaintiff) against Champa Prema Tandel Sole Proprietor (Defendant). The court found that the Plaintiff had established a strong prima facie case regarding trademark infringement and passing off concerning their 'GOA' brand. Crucially, the court dismissed the Defendant's challenge to territorial jurisdiction, noting that the plaint explicitly stated the goods were being sold in Delhi, thereby maintaining the injunction pending final disposal of the suit.
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