Plaintiff Favorable
632 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
632 cases | Page 15 of 22
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.
Kent Ro Systems Limited & Anr. v.Bajrang Impex Private Limited
The Delhi High Court granted an interim injunction in favor of Kent Ro Systems Limited against Bajrang Impex Private Limited, finding a prima facie case of infringement regarding the design and logo used on water purifier cabinets. The court recognized that irreparable harm would occur without immediate protection. Furthermore, to definitively ascertain the extent of manufacturing and sales, the court appointed a Local Commissioner with specific mandates to inspect the defendant's premises, seize infringing materials, and report on production figures.
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.
Infiniti Retail Limited v.M/S Croma Wholeseller & Ors.
Infiniti Retail Limited successfully sought judicial intervention against an infringing website, www.cromawholesellersltd.co.in, which was identified as using its registered trademarks and logo. The Delhi High Court allowed the plaintiff to implead the website owner as a defendant and extended the existing ex-parte ad-interim injunction to cover this new party. Crucially, the court directed the suspension of the infringing domain name and mandated that the responsible parties provide detailed registrant information, reinforcing strong protection for well-known trademarks in the digital space.
Sun Pharmaceutical Industries Ltd v.Jimsun Life Sciences P. Ltd & Anr.
The Delhi High Court allowed a petition filed by Sun Pharmaceutical Industries Ltd seeking the cancellation of the trademark 'JIMSUN' held by Jimsun Life Sciences P. Ltd. The court granted the relief based on a settlement reached between the parties, where Respondent No. 1 agreed to have no objection to the cancellation. This order effectively cleared the path for the Petitioner to remove the disputed mark from the registry.
Usha International Limited v.Tarun Arora Trading As Krishan Enterprises
Usha International Limited filed a suit seeking permanent injunction against Tarun Arora for trademark infringement concerning sewing machines. The Delhi High Court examined the plaintiff's claim, noting Usha's long-standing use of the mark 'USHA' since 1936 and its status as a well-known mark. Finding that the defendant was using the deceptively similar mark 'WSHA', the court granted an interim restraint order, preventing the defendant from using the infringing marks until further proceedings.
Merck Sharp & Dohme LLC v.Chiral Biosciences Limited
The suit was filed seeking a permanent injunction and damages against Chiral Biosciences Limited for infringing Merck Sharp & Dohme's patent (IN 209816) covering Sitagliptin. Although the court found evidence of infringement, it ultimately denied the permanent injunction because the patent had expired by July 2022, but awarded damages and costs.
The Goodyear Tire Rubber Company v.Deva Nand Sukhia
The Delhi High Court issued an order directing the Trademark Registrar to immediately comply with a prior judgment favoring Goodyear Tire Rubber Company. The court confirmed that the defendant had paid the stipulated litigation costs. Crucially, the Registrar was directed to remove the defendant's infringing 'GOOD YEAR' trademark (No. 1120219) from the register and dispose of related rectification and opposition proceedings within one week. This order solidifies Goodyear's position against unauthorized use of its mark.
Abhishek Gupta v.Vipin Jain
The Delhi High Court granted an interim injunction in favor of Abhishek Gupta, who was seeking restraint against trademark and copyright infringement related to his 'BOL' sports publication. Despite initial resistance based on delayed approach, the court found a prima facie case for the appellant. The judgment specifically restrained Vipin Jain from passing off or associating their goods with the plaintiff’s registered trademarks and copyrights, recognizing the likelihood of consumer confusion due to similar get-up and use.
Colgate Palmolive Company & Anr. v.Nixi & Anr.
The Delhi High Court issued interim directions in favor of Colgate Palmolive, addressing ongoing trademark infringement and fraudulent activities using their brand name. The court directed the domain registrar, GoDaddy.com LLC, to immediately block and suspend the infringing domain www.colgatepalmolive.work. Furthermore, the court ordered the disclosure of registrant details for the domain and mandated the freezing of a bank account linked to the scam operation, demonstrating strong judicial action against brand impersonation and cyber fraud.
Neeraj Kumar Trading As M/S Ganga Traders v.M/S Chacha Food Company & Anr.
The Delhi High Court granted an interim injunction in favor of Neeraj Kumar Trading As M/S Ganga Traders against M/S Chacha Food Company, finding that the defendant's packaging was deceptively similar to the plaintiff's registered trade dress for non-alcoholic beverages. The court recognized a strong prima facie case and ordered the defendants to immediately cease all activities related to the infringing goods. Furthermore, the Court appointed a Local Commissioner to visit the defendant's premises to seize and seal all incriminating materials, including packaging and molds.
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