Plaintiff Favorable
632 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
632 cases | Page 16 of 22
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Pi Industries Limited v.Seedlings India Private Limited & Ors
The Delhi High Court addressed several interlocutory applications before proceeding with the main suit. The court decreed the suit against Defendants No. 1 to 3, based on their submission that they would not contest the patent infringement claim and were willing to suffer an injunction.
Karim Hotels Pvt. Ltd. v.The Registrar Of Trademarks
Karim Hotels Pvt. Ltd. successfully appealed a trademark rejection by The Registrar of Trademarks in the Delhi High Court. The court overturned the Senior Examiner's decision, which had cited lack of distinctiveness and descriptive nature. Recognizing the extensive goodwill and long-standing use of the 'KARIM/KARIM'S' mark since 1913, the court allowed the application to proceed for registration, subject only to association with existing registrations regarding specific descriptive terms.
M/S Reflect Sculpt Private Ltd. v.Swati Narula
M/S Reflect Sculpt Private Ltd. successfully obtained an interim injunction from the Delhi High Court against Swati Narula in a copyright infringement suit concerning unique artistic garments. The court recognized the Plaintiff's rights over its distinctive designs and granted permission for a Local Commissioner to conduct a search and seizure operation at the Defendant's premises. This decisive order allows the Plaintiff to gather evidence of alleged counterfeiting, paving the way for further litigation against the infringer.
Satnam Brush Industry v.Kori Brush Industries
The Delhi High Court ruled in favor of Satnam Brush Industry, decreeing the suit against Kori Brush Industries for trademark infringement and passing off. The court found that the defendant deliberately imitated the plaintiff's complete range of products, trade dress, packaging, and product codes, causing consumer confusion. Consequently, the defendant was restrained from further misuse and ordered to pay costs to the plaintiff.
Pb Fintech Pvt Ltd v.Policy Bazar Finance & Ors.
The Delhi High Court allowed Pb Fintech Pvt Ltd's application to implead additional defendants (No. 18 to 22) in its trademark infringement suit against Policy Bazar Finance & Ors. Crucially, the court modified existing interim injunction orders to extend protection against these newly added parties. The order reinforces the plaintiff's rights by restraining all named parties from using deceptively similar marks and mandates domain registrars and ISPs to block access to infringing websites.
SMC Foods Limited & Anr. v.Jyoti Devi & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of SMC Foods Limited, recognizing the prima facie case for trademark infringement and passing off. The court found that the defendants were deceptively imitating the Plaintiffs' established brand 'MADHUSUDAN,' including its unique packaging and trade dress. This interim order immediately restricts the defendants from manufacturing or selling products bearing similar marks or designs until the final hearing.
Sopariwala Exports & Ors. v.Mr Grijesh Kumar Garg & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Sopariwala Exports & Ors. against Mr Grijesh Kumar Garg & Ors. The court found that the Plaintiffs had established a strong prima facie case regarding their well-known trademark 'AFZAL' used for tobacco products. Given the potential irreparable harm to the Plaintiff's goodwill, the Court restrained the Defendants from manufacturing or selling any goods using deceptively similar marks like 'AFDHAAL' and 'ALAFDHAAL', pending further hearings.
Bajaj Finance Ltd & Anr. v.Niko Das & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Bajaj Finance Ltd against Niko Das & Anr. The court found that the Plaintiffs had made out a prima facie case demonstrating that the Defendants were fraudulently using identical or deceptively similar marks, such as 'BAJAJ' and 'BAJAJ FINANCE,' to offer financial services. This unauthorized use was deemed to constitute trademark infringement and passing off, causing potential confusion among the public.
Minda Spectrum Advisory Limited & Ors. v.Ab Petrochem
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Minda Spectrum Advisory Limited & Ors. against Ab Petrochem, recognizing the Plaintiffs' established rights over the MINDA trademark and its variants. The court found that the Defendant was operating under infringing marks (AB MINDA) in the oil and grease sector. To enforce this interim relief, a Local Commissioner was appointed to visit the Defendant's premises, seize infringing goods, and inventory relevant business records.
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