Plaintiff Favorable
608 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
608 cases | Page 14 of 21
Apnatime Tech Private Limited And Anr. v.Anik Dev Nath And Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Apnatime Tech Private Limited against the defendants. The plaintiffs alleged that the defendants were passing off their services using a deceptively similar mark ('APNA JOBS') and infringing on their copyrighted website layout and user interface. Citing prima facie evidence, the court restrained the defendants from using the disputed mark and artistic works, while also directing domain name suspension and blocking to prevent further consumer confusion and irreparable harm.
Sorrel Hospitality Pvt. Ltd v.Lucknow Recreational Facility Centre Private Limited
The Delhi High Court granted an ad interim injunction in favor of Sorrel Hospitality Pvt. Ltd against Lucknow Recreational Facility Centre Private Limited. The petitioner sought to prevent the respondent from continuing to use the 'Best Western' sub-licensed mark even after the underlying Sub-License Agreement was terminated due to defaults by the respondent. The court found that the continued unauthorized use of the mark, despite termination and legal notice, was likely to cause irreparable damage and mislead the public regarding an ongoing relationship between the parties.
Burger King Corporation v.Swapnil Patil & Ors.
In a significant move protecting its brand integrity, Burger King Corporation successfully secured an ad interim injunction from the Delhi High Court. The court recognized that defendants were attempting to circumvent previous orders by opening new bank accounts and registering highly similar domain names (www.burgerkingfranchise.co.in). Consequently, the court ordered the immediate suspension of these domains, freezing the associated bank accounts, and mandating the takedown of all infringing online listings.
TIMAB NL BV v.Shamrock Geoscience Ltd & Anr.
The Delhi High Court granted a crucial interim injunction in favor of TIMAB NL BV against Shamrock Geoscience Ltd. The court found that TIMAB had demonstrated prior and continuous use of its mark, making it entitled to restrain Shamrock's use of identical or similar marks for cognate goods. This order significantly protects TIMAB's goodwill and exclusive rights during the pendency of the suits.
Inventio Ag And Anr v.Schneider Elevator India Pvt. Ltd. And Anr.
The Delhi High Court granted an ad interim ex-parte injunction in favor of Inventio Ag And Anr. against a newly formed company, VDMIL Elevator India. The court found that this new entity was being used to circumvent existing trademark injunctions previously passed against the original defendants (Schneider Elevator). The order restrains the proposed defendant from using marks or logos deceptively similar to the plaintiff's registered trademarks and from mimicking the plaintiff's website look and feel.
United Biotech Private Limited v.Cipla Limited And Anr.
The Delhi High Court disposed of a petition seeking cancellation of an impugned trademark. Respondent No. 1 (Cipla Limited) assured the court that it was not using the mark, leading to the petitioner's success. The court directed the Registrar of Trade Marks to cancel the trademark and rectify the register accordingly.
Premier Nutritions Privat Limited v.Amit Product A Proprietary Connern
The Delhi High Court granted an interim injunction in favor of Premier Nutritions Privat Limited against Amit Product A Proprietary Connern, finding that the defendant's use of 'DOODH MANTHAN' was deceptively similar to the plaintiff's registered trademark 'MANTHAN/PREMIER MANTHAN'. Furthermore, the court allowed the appointment of a Local Commissioner to conduct an inventory and seize infringing products, reinforcing the immediate protection available to IP holders facing market imitation.
Guillermo Horacio Pino v.Blissbury Care Pvt. Ltd. & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Guillermo Horacio Pino against Blissbury Care Pvt. Ltd. and others. The Plaintiff, who owns significant goodwill associated with the children's content brand 'PLIM PLIM,' successfully argued that the Defendants were using an identical mark for baby diaper products. The Court found a prima facie case, noting the likelihood of irreparable harm to the Plaintiff's reputation due to consumer confusion.
M/S Allied Blenders And Distillers Ltd. v.Essencia Beverages Private Limited
The Delhi High Court granted an ex-parte ad-interim injunction in favor of M/S Allied Blenders And Distillers Ltd. against Essencia Beverages Private Limited. The Plaintiff alleged that the Defendant was infringing its registered trademarks ('Officer's Choice') and copyrighted trade dress by using a deceptively similar label for 'True Blu Reserve Whisky'. Citing the established reputation and well-known status of the Plaintiff's brand, the Court found a prima facie case existed, leading to the immediate restraint on the Defendants' activities until further hearing.
Divay Hygiene Private Limited v.Kamal Garg & Anr.
The Delhi High Court ruled in favor of Divay Hygiene Private Limited against Kamal Garg & Anr. for trademark infringement concerning feminine hygiene products. The court found that the Defendants' use of the deceptively similar mark 'ANNY MAXI' constituted infringement and passing off of the Plaintiff's established brand, 'AMMY'. Based on evidence gathered by a Local Commissioner, including seized infringing goods, the Court decreed the suit, awarding nominal damages and significant legal costs to the Plaintiff.
Central Park Estates Pvt Ltd & Ors. v.M I Builders Pvt. Ltd.
The Delhi High Court ruled in favor of Central Park Estates Pvt Ltd, granting a permanent injunction against M I Builders Pvt. Ltd. for using the deceptively similar mark 'M.I. CENTRAL PARK' in real estate projects. Crucially, the court also ordered the cancellation and removal of the respondent's trademark (No. 4164879) from the register, following an out-of-court settlement where the defendant agreed to the terms.
Aiwa Co Ltd. v.Aivva Enterprises Private Limited & Ors.
The Delhi High Court confirmed an existing ex parte ad interim injunction in favor of Aiwa Co Ltd. against Aivva Enterprises Private Limited. The court found that the defendants were using marks ('AIVVA') visually and phonetically similar to the well-known 'AIWA' trademark, leading to a prima facie case of infringement and passing off. Despite arguments regarding prior knowledge and lack of disclosure by the plaintiff, the court held that the balance of convenience favored Aiwa, thus maintaining the injunction until the final trial.
M/S Allied Blenders And Distillers Ltd. v.Rajasthan Liquors Limited & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of M/S Allied Blenders And Distillers Ltd. against Rajasthan Liquors Limited & Ors. The court found that the Plaintiff, owner of the well-known trademark 'Officer's Choice,' had made out a prima facie case for infringement and passing off due to the Defendants' use of deceptively similar marks like 'High Choice.' This interim order immediately restrains the Defendants from manufacturing or selling goods using the impugned mark until further proceedings.
U.S. Green Building Council v.Deming Certification Services Pvt Ltd
The Delhi High Court granted an interim injunction in favor of the U.S. Green Building Council (USGBC) against Deming Certification Services Pvt Ltd. The suit alleged trademark infringement, passing off, and copyright violation due to the Defendant's use of identical names ('International Green Building Council') and logos, as well as verbatim copying of the Plaintiff's website content. Given that the Plaintiff demonstrated significant goodwill in India through its certifications and reputation, the Court found a prima facie case for infringement. Consequently, the Defendant was immediately restrained from using the infringing marks and providing further certifications under those names.
M/S Shubham Goldiee Masale Pvt. Ltd v.Pan Parag India Limited & Anr.
The Delhi High Court allowed the cancellation petition filed by M/S Shubham Goldiee Masale Pvt. Ltd against Pan Parag India Limited & Anr. The court granted the relief based on an undertaking from Respondent No. 1, which stated they had no intention to use the impugned registered trademark 'GOLDIE' in their trade business of PAN MASALA. Consequently, the Registrar was directed to cancel and expunge the registration within six weeks.
Pfizer Inc v.Azista Industries Private Limited
Pfizer Inc filed a suit seeking an injunction against Azista Industries Private Limited for infringing patent no. IN 218291, which covers the pharmaceutical product 'Palbociclib'. After considering the submissions and assurances given by the Defendants that they would not manufacture or sell the product in India, the Court decreed the suit.
Zydus Wellness Products Limited v.M/S Arihant Remedies & Anr.
The Delhi High Court confirmed the existing ad-interim injunction in favor of Zydus Wellness Products Limited against M/S Arihant Remedies & Anr. The court found that the defendant's product was prima facie deceptively similar to the plaintiff's registered trademark and trade dress, despite arguments regarding ownership transfer and territorial jurisdiction. This ruling reinforces the protection afforded to established brands through both trademark law and passing off principles.
Indiamart Intermesh Limited v.Mr Sameer Samim Khan & Ors.
The Delhi High Court ruled in favor of Indiamart Intermesh Limited, granting permanent injunctions against the defendant for infringing its registered trademarks and copyrighted artistic works associated with the 'INDIAMART' brand. The court also ordered the transfer of specific domain names to the plaintiff and awarded punitive damages due to the defendant's alleged nefarious scheme to deceive innocent persons. This judgment strongly affirms the protection afforded to established digital brands operating in the B2B space.
Calvin Klein Trademark Trust v.M/S Blue Ivory & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Calvin Klein Trademark Trust against M/S Blue Ivory & Ors., finding a prima facie case of trademark infringement. Furthermore, the court appointed Local Commissioners with extensive powers to inspect premises, seize counterfeit goods bearing the CK Marks, and demand disclosure of financial records from the defendants. This order provides immediate protection while allowing for thorough investigation into the alleged counterfeiting operations.
Shubham Goldiee Masale Pvt Ltd. v.Kothari Products Ltd. & Anr.
The Delhi High Court allowed a cancellation petition concerning the trademark 'GOLDIE'. The court accepted an affidavit of undertaking from Respondent No. 1, which stated that they had never used the impugned mark in trade and that the claimed user date was incorrect. Consequently, the court directed the Registrar of Trademarks to cancel/expunge Registration No. 490303 within six weeks.
Sterlite Technologies Limited v.Ztt India Private Limited
The plaintiff sought to amend its plaint to implead ZTT International Limited as a necessary party, alleging that the entity infringes the plaintiff's patent through the import and sale of optical fibre cable. The court allowed the amendment, finding the proposed defendant was indeed a necessary party based on the facts pleaded in the written statement.
Livspace Pte. Ltd. v.Livspace-Reviews.Com & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Livspace Pte. Ltd., directing the blocking of the domain name www.livspace-reviews.com. The court found that the defendant's website, which used a similar mark and contained derogatory reviews, was operating clandestinely to damage Livspace's business reputation. Furthermore, the Court mandated regulatory bodies (DoT and MEITY) to enforce the block and ordered a detailed investigation by the Cyber Crime Unit into the domain's ownership.
Plusplus Lifesciences Llp & Anr. v.Dr. Shiwani Singh & Ors.
The Delhi High Court granted the plaintiffs an interim injunction in a suit alleging trade secret misappropriation and trademark infringement. The court found that the defendants, former employees, had gained access to proprietary technical know-how and confidential business information regarding prenatal supplements (TRIMACARE/LAYERCARE). Based on this prima facie case, the court authorized local commissioners to seize digital data, stock of infringing products ('NUTRIEPIC' and 'UTTERCARE'), and relevant documents to prevent irreparable injury.
Gemini Edibles And Fats India Limited v.Lv Bhavani Sankar
The Delhi High Court granted an ex-parte ad interim injunction in favor of Gemini Edibles And Fats India Limited against Lv Bhavani Sankar. The dispute centered on the alleged infringement of the Plaintiff's registered trademark 'FREEDOM' by the Defendant's use of 'FREEDAY' for refined sunflower oil. Crucially, the Court noted that the Defendant's mark had previously been cancelled by the IPAB due to deceptive similarity. Given the near-identical packaging and the concern over food safety standards, the court found a prima facie case existed, restraining the defendant from using the infringing mark until further proceedings.
Sun Pharmaceutical Industries Ltd v.Protrition Products Llp & Ors.
The Delhi High Court granted an interim injunction in favor of Sun Pharmaceutical Industries Ltd against Protrition Products Llp & Ors. The court found that despite having registrations in unrelated classes (29 and 30), the defendants were using deceptively similar marks, such as ABBZORB NUTRITION, for goods like whey protein which fall within the plaintiff's registered Class 5 pharmaceutical category. The judgment emphasized that once a defendant is aware of an existing mark, they must exercise caution to avoid infringement in related classes and goods.
M/S Torque Pharmaceuticals Private Limited v.M/S Conset Pharma Private Limited & Ors.
The Delhi High Court granted an ex-parte interim injunction in favor of Torque Pharmaceuticals against Conset Pharma. The dispute centered on the alleged infringement and passing off related to the pharmaceutical product HEMOPLUS. The court found that the Plaintiff had made out a prima facie case, noting the deceptive similarity between 'HEMOPLUS' and the Defendants' trademark 'CONSET HEEMOPULS,' particularly given the low threshold for confusion in the pharmaceutical sector. This immediate relief prevents the Defendants from continuing to manufacture or sell similar products until the final hearing.
Health And Glow Private Limited v.Vineet Chugh
The Delhi High Court granted an interim injunction favoring Health And Glow Private Limited against Vineet Chugh. The dispute centered on the use of the trademark 'H&G' for cosmetic and personal care products. Given that Health And Glow demonstrated a strong prima facie case—backed by extensive market presence, high turnover, and registered rights—the court restrained the defendant from using the identical mark until further hearing, preventing irreparable injury to the plaintiff’s business.
Carousel Design Pvt Ltd v.Kurush Noshir Jungalwala & Ors.
The Delhi High Court granted an interim injunction favoring Carousel Design Pvt Ltd, who holds the registered trademark 'SHIFT'. The court found that the defendant's adoption of a deceptively similar mark ('CHEMOULD SHIFT') created a likelihood of confusion among consumers. Despite initial attempts at amicable settlement, the plaintiff successfully demonstrated a prima facie case of infringement and passing off, leading the court to restrain the defendants from using the infringing marks until further orders.
Bombinate Technologies Private Limited v.Koo Coin And Others
The Delhi High Court granted an interim injunction in favor of Bombinate Technologies Private Limited against Koo Coin and others, finding a prima facie case of trademark misuse. The Plaintiff alleged that Defendants were using the registered 'KOO' mark and similar bird device marks on fraudulent cryptocurrency platforms (like www.koo.money) to mislead consumers into believing they were associated with the legitimate social media platform. Consequently, the Court directed MEITY and ISPs to block the infringing websites and restrained the defendants from further use of the 'KOO' name or offering digital coins until the final hearing.
Mensa Brand Technologies Pvt. Ltd. v.Kartik Fashion & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Mensa Brand Technologies against Kartik Fashion & Ors., finding a prima facie case of trademark infringement and passing off. The court recognized that the defendants were deceptively using the 'DENNIS LINGO' mark, along with similar trade dress features, to ride on the plaintiff's reputation in the e-commerce market. Furthermore, the Court appointed a Local Commissioner to inspect the defendants' premises, seize counterfeit goods, and document their infringing activities.
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