Plaintiff Favorable
608 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
608 cases | Page 15 of 21
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.
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.
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.
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.
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.
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.
Yonex Co., Ltd v.John Doe & Ors.
The Delhi High Court granted an interim injunction in favor of Yonex Co., Ltd against unauthorized use of its trademark 'YONEX'. The court found sufficient grounds for restraining infringement related to the domain name 'www.yonexindiastore.com', ordering the domain registrar, NameSilo LLC, to block the site and maintain status quo until further orders.
Astrazeneca Ab v.MSN Laboratories Limited
Astrazeneca filed a suit seeking permanent injunction and damages for infringing Indian Patent IN 297581 related to cancer treatment. The dispute centered on whether a Public Notice issued by the Department of Pharmaceuticals constituted Government Authorization allowing generic manufacturing. The Court clarified that the notice was merely for collating local manufacturer details, not an authorization to infringe.
Havells India Ltd & Anr. v.Ashok Kumar/ John Doe & Ors.
The Delhi High Court granted an ad interim injunction in favor of Havells India Ltd against various defendants regarding the misuse of its registered trademarks, HAVELLS and LLOYD. The court found a prima facie case that rogue websites and domain names were being used to mislead consumers and conduct fraudulent activities. Consequently, the court ordered the immediate blocking of specific infringing domains by ISPs and directed the disclosure of registrant details from the responsible parties.
Alkem Laboratories Ltd. v.Eris Health Care Pvt. Ltd. & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Alkem Laboratories against Eris Health Care regarding the alleged misuse of 'GEMCAL' and 'GEMCAL PLUS' trademarks and associated packaging. The court observed that the defendants agreed to change their marks from 'DE-CAL GEM' to 'DECAL PLUS' (and similar changes for 'PLUS'). After reviewing the proposed new artwork, the court allowed the adoption of the revised designs while permanently restraining the defendants from using any mark or packaging deceptively similar to Alkem’s original trademarks and presentation.
Voltas Limited v.Ashok Kumar & Ors.
The Delhi High Court granted an ad interim ex parte injunction in favor of Voltas Limited against Ashok Kumar & Ors. The court found that the defendants were infringing on Voltas' registered and well-known trademarks (VOLTAS and its logo) by operating a deceptive website, www.myvoltascare.com. Given the prima facie case established by Voltas regarding extensive goodwill and reputation, the court ordered immediate measures including restraining trademark use, blocking the domain name, disabling the website, freezing bank accounts, and suspending UPI IDs to prevent irreparable harm.
Exxon Mobil Corporation v.Mr. Bijender Kumar Trading As M/S Shri Balaji Enterprises
In a significant move to protect its brand integrity, Exxon Mobil Corporation sought an interim injunction against Mr. Bijender Kumar Trading As M/S Shri Balaji Enterprises for selling counterfeit products bearing the 'MOBIL' trademark. The Delhi High Court granted the ex-parte ad-interim injunction and authorized a Local Commissioner to search and seize the infringing goods at the defendant's premises. This order underscores the court's willingness to provide swift, robust remedies against trademark infringement and counterfeiting in the commercial sector.
Hero Investcorp Private Limited & Anr. v.Sehgal Auto House Through Its Proprietor Mr. Sunil Sehgal
The Delhi High Court granted an ex-parte interim injunction in favor of Hero Investcorp Private Limited against Sehgal Auto House. The Plaintiffs alleged that the Defendant was engaged in the wholesale business of counterfeit spare parts using the HERO trademark and logo, infringing both trademark rights and copyright associated with packaging. The court authorized a Local Commissioner to search and seize all infringing products and related materials from the Defendant's premises.
Ambuja Cements Limited v.Shiv Kripa Steels & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Ambuja Cements Limited against Shiv Kripa Steels & Anr. The court found that the defendants' use of marks was a slavish imitation of Ambuja's registered trademarks 'AMBUJA' and 'VIRAT'. Given the likelihood of customer confusion in the common building materials trade, the injunction prevents the defendants from using deceptively similar marks or devices related to cement and allied goods.
S M Motorenteile Gmbh v.Maharashtra Motors & Ors.
S M Motorenteile GmbH successfully pursued an infringement suit in the Delhi High Court regarding its 'SM' trademark used for high-quality automotive parts. While a settlement was reached with Defendant Nos. 1 and 2, the court decreed the suit against Defendants 4 to 6, finding them liable for selling counterfeit products under the disputed mark. The judgment underscores the importance of maintaining clear documentation of brand history and rights in complex international IP disputes.
Tube Investments Of India Limited v.M/S Jagdamba Enterprises & Ors.
Tube Investments Of India Limited successfully moved the Delhi High Court to protect its 'DIAMOND' trademark against widespread counterfeiting in the automotive parts market. The court recognized the extensive goodwill associated with the mark and the clear evidence of infringement presented by the plaintiff, including discrepancies found via QR codes and packaging differences. Consequently, the court granted an ex parte ad interim injunction and appointed Local Commissioners to conduct seizures and verification across various premises.
Abhishek Kathuria & Anr. v.Ramesh Kumar Malhotra
The Delhi High Court granted an interim injunction in favor of Abhishek Kathuria & Anr. against Ramesh Kumar Malhotra regarding the disputed trademark 'ROSABAGH'. The plaintiffs, who own and use the mark for furniture and artifacts, successfully argued that the defendant's adoption of a similar mark for a banquet hall constituted potential dilution and infringement. The court found a prima facie case in favor of the plaintiffs, leading to an immediate restraint on the defendant's use of the contested trademark until further hearing.
Amazon Seller Services Private Limited v.Amazonbuys.In & Ors.
The Delhi High Court allowed Amazon Seller Services Private Limited to implead a new infringing website, 'storeamazon.co.in,' in its ongoing suit against rogue sellers. Citing precedent regarding mirror websites, the court granted an ex-parte ad interim injunction restraining this new defendant from infringing Amazon's trademarks and copyrights. Furthermore, the court directed various internet service providers (ISPs) and domain registrars to block access to the site and disclose registrant details, reinforcing judicial control over online piracy.
Capital One Financial Corporation v.Ashok Kumar & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital One Financial Corporation against Ashok Kumar & Anr. The court found a prima facie case that the defendants were unauthorizedly using marks and domain names deceptively similar to 'CAPITAL ONE' to mislead consumers into believing they were dealing with the major US bank. Consequently, the court restrained the parties from using these infringing marks and directed Google LLC to block the associated email address.
M/S Dreams Lingerie Products v.Akash Chaudhary
The Delhi High Court granted an interim injunction in favor of M/S Dreams Lingerie Products against Akash Chaudhary, restraining him from manufacturing or selling products under the deceptively similar mark 'DREAM'. The court found that the plaintiff had established a strong prima facie case regarding trademark infringement. Furthermore, the court appointed a Local Commissioner to inspect the defendant's premises, inventory infringing goods, and examine manufacturing records.
Calvin Klein Trademark Trust v.M/S. K.K.Garments, Through Its Owner
The Delhi High Court granted an ad-interim injunction in favor of Calvin Klein Trademark Trust against M/S. K.K.Garments, finding a prima facie case of trademark infringement. Furthermore, the court appointed multiple Local Commissioners to inspect the defendants' premises, seize counterfeit goods bearing the CK trademarks, and demand disclosure of financial records, significantly bolstering the plaintiff's ability to enforce its rights.
A India Print House Through Its Partners Kunal Kapoor and Vibha Kapoor v.Pavan Bansal Trading As Bajrang Traders
The Delhi High Court granted an ex-parte ad-interim injunction in favor of A India Print House against Pavan Bansal Trading As Bajrang Traders. The Plaintiff alleged that the Defendant was deceptively using the identical trademark, trade-dress, and color scheme ('MERCURY') for playing cards, leading to a high likelihood of consumer confusion and passing off. The Court found that the Plaintiff had made out a prima facie case, concluding that the injunction was necessary to prevent irreparable harm while the suit proceeds.
Ht Media Limited & Anr. v.Www.Hindustantimes.Tech & Anr.
The Delhi High Court granted permission to HT Media Limited to proceed against the infringing domain name www.hindustantimes.tech in a suit covering copyright, trademark, and passing off. The court found that the impugned website was deceptively similar to the Plaintiffs' established brand 'Hindustan Times' and was reproducing their copyrighted content. Crucially, the judgment provided a strong enforcement mechanism by directing the communication of the order to ICANN, leveraging Registrar Accreditation Agreement clauses to ensure compliance from domain registrars.
Sunit Shah v.Mr. Sanjeev Rajpal
The Delhi High Court granted an interim injunction in favor of Sunit Shah against Mr. Sanjeev Rajpal regarding alleged trademark infringement. The court found that the similarity between the plaintiff's mark ('SHAH/SHAH NAMKEEN') and the defendant's mark ('SHAH JI NAMKEEN'), applied to identical goods (namkeen), created a likelihood of confusion. Consequently, the defendant was restrained from using the infringing mark until further hearing, and a Local Commissioner was appointed to seize and inventory the disputed goods.
Sun Pharmaceutical Industries Ltd v.Dwd Pharmaceuticals Ltd
The Delhi High Court granted an interim injunction favoring Sun Pharmaceutical Industries Ltd against Dwd Pharmaceuticals Ltd. The court found that the Defendant's use of the deceptively similar trademark 'FOLZEST' infringed upon the Plaintiff's registered mark 'FORZEST'. Recognizing the potential for irreparable harm, the court restrained the defendant from selling or manufacturing the infringing product until further hearing. Furthermore, a Local Commissioner was appointed to inspect and seize all medicines bearing the impugned mark.
M/S JK Lakshmi Cement Limited v.Raj Kumar Singla Trading As M/S Shiv Shakti Sanitary Store & Anr.
The Delhi High Court granted an interim injunction in favor of M/S JK Lakshmi Cement Limited against Raj Kumar Singla Trading As M/S Shiv Shakti Sanitary Store. The court found that the plaintiff had made out a prima facie case of trademark infringement, leading to the restraint on the defendants from using the 'JK Smart' mark for wall putty and related products. Furthermore, the Court appointed a Local Commissioner to seize infringing goods and inspect the defendant's accounts, reinforcing the immediate protective measures available in IP litigation.
Sandisk Llc v.Jpy Mobile Phone Accessories & Anr.
In a significant ruling concerning trademark infringement, the Delhi High Court addressed persistent violations by JPY Mobile Phone Accessories despite an existing interim injunction. The court found that the defendants continued to sell counterfeit 'SanDisk' products, even after large stocks were seized and returned on superdari. Consequently, the court issued bailable warrants against the promoters of the defendant and directed the police to take custody of all previously inventoried infringing goods for the plaintiff's safe keeping.
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