Plaintiff Favorable
796 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
796 cases | Page 18 of 27
Loreal v.The Registrar Of Trade Marks
The Delhi High Court allowed Loreal's appeal against the refusal of its trademark application 'PILLOW PROOF BLOWDRY' for hair care products. The court found that the mark was suggestive rather than descriptive, noting that while individual words are common, their combination does not immediately describe the product. Consequently, the court set aside the previous orders and directed the Trademark Registry to proceed with registration, provided a disclaimer is placed on the rights of the individual component words.
Exhibitions India Pvt Ltd v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Exhibitions India Pvt Ltd against the Registrar of Trade Marks' refusal to register the 'SMART CITIES INDIA' device mark. The court found that the mark was not merely descriptive or generic, especially given the Appellant's extensive history of using it for organizing exhibitions since 2015. Furthermore, the court determined that the mark was not deceptively similar to conflicting marks cited by the Examiner. Consequently, the refusal order was set aside, and the Trademark Registry was directed to process the registration.
Akums Drugs Pharmaceuticals Limited v.Ferring B.V.
Akums Drugs Pharmaceuticals Limited filed a suit seeking a declaration that its pharmaceutical composition does not infringe Patent IN 387567 held by Ferring B.V. The defendant raised a preliminary objection regarding the non-compliance with pre-institution requirements under Section 105 of the Patents Act, 1970. The court allowed the plaint to be registered as a suit and directed the issuance of summons.
Tajinder Soap And Chemicals Pvt Ltd v.The Controller General Of Patents Design and Trade Marks Registry At New Delhi & Ors.
The Delhi High Court allowed a petition seeking cancellation of a trade mark registration, finding that the renewal was administratively irregular and illegal. The court noted that the mark had lapsed in 2007, and despite subsequent public notices offering opportunities for revival, the owner failed to act. Crucially, the court found that the Registry erroneously revived the expired mark after nearly fourteen years through an interlocutory petition, leading to its cancellation.
M/S Jindal (India) Limited v.M/S Spectrum Metal Profiles Through Its Partners Rakesh Gandhi and Vinay Gandhi
The Delhi High Court granted an interim injunction in favor of M/S Jindal (India) Limited against M/S Spectrum Metal Profiles. The court found that the defendant was using deceptively similar marks, such as 'JINDAL ROOFING SYSTEM' and 'JINDAL RANGOLI,' on roofing sheets, which infringed upon Jindal's registered trademarks like 'JINDAL SABRANG.' Recognizing a prima facie case and irreparable harm to Jindal's reputation, the court immediately restrained the defendant from selling or advertising goods using these infringing marks.
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.
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.
Ajinomoto Co Inc v.Dattatrey Studios & Anr.
Ajinomoto Co Inc successfully secured an interim injunction against Dattatrey Studios in the Delhi High Court. The plaintiff, owner of the registered trademark 'AJI-NO-MOTO,' argued that the upcoming movie title infringed its rights and was disparaging, linking the brand to negative health claims. The court granted the relief, preventing the release of any film bearing the disputed name until further hearing.
Vbm Medizintechnik Gmbh v.Geetan Luthra
The Delhi High Court granted an interlocutory injunction in favor of Vbm Medizintechnik Gmbh against Geetan Luthra regarding the use of the mark 'VBM'. The court found that despite prior distribution agreements, the defendant's subsequent registration and use of a deceptively similar mark for medical equipment constituted infringement. The ruling emphasizes the need to prevent consumer confusion when one party leverages another's established brand identity.
Apollo Tyres Limited v.Glory Enterprise & Ors.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Apollo Tyres Limited against Glory Enterprise & Ors., finding a prima facie case of trademark infringement. The court recognized the deceptive similarity between the plaintiff's 'APOLLO' mark and the defendants' 'OPOLLO' mark used on automotive tyres and tubes. Furthermore, the Court appointed Local Commissioners to conduct comprehensive searches, seizures, and inventories at the defendants' manufacturing premises to gather evidence against the alleged counterfeit operations.
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.
Surya Food & Agro Ltd v.Om Traders & Anr.
The Delhi High Court allowed the appeal filed by Surya Food & Agro Ltd against a single judge's dismissal of its infringement suit. The court overturned the previous ruling, finding that the lower court had erred in basing its decision on recollections of facts not present in the record. This sets the case back for trial, allowing the appellant to prove claims related to copyright and passing off concerning their 'Butter Delite' packaging versus the respondent's 'Butter Crunch'.
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.
R X Infotech Private Limited v.Jalpa Rajesh Kumar Jain
The Delhi High Court dismissed a defendant's application seeking to reject the plaint on grounds of lack of territorial jurisdiction. The court held that even if the suit was primarily based on Section 134 of the Trade Marks Act, the general provisions of Section 20 of the CPC allow for jurisdiction where any part of the cause of action arose. Specifically, the court found that online transactions related to the defendant's website could reasonably be considered to have occurred within Delhi, thus validating the plaintiff's choice of forum.
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.
Triology Solutions Private Limited v.Flipkart Internet Private L Imited & Ors.
The Delhi High Court granted an interim injunction in favor of Triology Solutions Private Limited against various online sellers (Defendants 12-23) for trademark infringement and passing off. The court recognized the distinctiveness of the 'Muuchstac' brand, which is used for cosmetic products, and restrained the defendants from using its registered device mark and trade dress/packaging. Furthermore, the court directed the major e-commerce platforms (Defendants 1-11) to ensure takedown actions are taken against counterfeit listings and mandated disclosure of sales revenue by the infringing sellers.
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.
Gujarat Cooperative Milk Marketing Federation Ltd v.Amul-Franchise.in & Ors.
The Delhi High Court granted relief to Gujarat Cooperative Milk Marketing Federation Ltd (AMUL) in its ongoing trademark infringement suit. The court allowed AMUL to implead new parties, including the domain registrar and Google LLC, to pursue fraudulent activities related to their brand. Crucially, the court ordered the suspension and blocking of the infringing domain name www.educationdindia.com and directed the freezing of a specific bank account linked to the alleged infringement.
M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.
In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.
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.
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.
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