Plaintiff Favorable
624 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
624 cases | Page 18 of 21
Delhi Public School Society v.Deepak Kumar Pal & Ors
The Delhi High Court granted an interim injunction suspending the use of the respondent's registered trademark 'Delhi Public Secondary School.' The petitioner successfully argued that the respondent violated a previous consent decree by registering similar trademarks, leading to public confusion. This order reinforces the court's power to maintain the status quo and protect established goodwill against deceptive practices.
M/S Blue Heaven Cosmetics Pvt Ltd v.M/S T.R.N. Corporation Through: Its Proprietor Sh. Deepak Nimesh
The Delhi High Court granted an interim injunction in favor of Blue Heaven Cosmetics against T.R.N. Corporation regarding trademark infringement and passing off. Although the Defendant held a registered mark, the court found that their use of trade dress, writing style, and overall packaging was deceptively similar to the Plaintiff's well-known marks. The order restrained the Defendant from selling products with the infringing trade dress and mandated the removal of all such listings from e-commerce portals.
Pfizer Inc & Ors v.Triveni Interchem Private Limited & Ors
The plaintiffs, holding patent IN 218291 for Palbociclib, filed an application seeking interim relief against the defendants who were allegedly manufacturing, marketing, and selling infringing products online. The court found prima facie evidence of infringement and passed several ad interim injunctions restraining the parties from further dealing in the patented product.
Himalaya Wellness Company & Ors. v.Abony Healthcare Limited Through Its Directors & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Himalaya Wellness Company against Abony Healthcare Limited. The suit alleged trademark infringement, passing off, trade dress infringement, and copyright violation concerning the 'Liv' product line. The court found prima facie evidence of deceptive similarity based on identical packaging elements, color schemes (orange/green), and similar product names ('Liv.52' vs 'Liv.55 DS'). This interim order prevents the defendants from continuing their alleged infringing activities pending the final hearing.
Macleods Pharmaceuticals Limited v.M/S Skynet Placements & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Macleods Pharmaceuticals Limited against M/S Skynet Placements & Ors. The court found a prima facie case that the defendants were using the plaintiff's registered trademark 'MACLEODS' for deceptive purposes, specifically related to fake job offers. Consequently, the defendants were restrained from promoting or offering services under the mark, and banks were directed to freeze specific accounts linked to the alleged fraudulent activity.
Cerveceria Modelo Demexico S De R L De Cv v.The Origin Ventures & Ors
In a significant ruling for global beverage giants, the Delhi High Court granted an interim injunction to Cerveceria Modelo Demexico S De R L De Cv. The court found that the defendants were using the well-known 'CORONA' and 'BUDWEISER' trademarks and logos in a derogatory manner on their clothing line products. Recognizing the prima facie case, the court restrained the defendants from selling or marketing these disparaging products until further hearing, protecting the goodwill of the established brands.
Loreal S.A. v.Ashok Kumar And Others & Ors
The Delhi High Court granted an interim injunction in favor of Loreal S.A., a global beauty brand, against defendants accused of trademark infringement and passing-off. The court found that the defendants were operating a 'rogue website' (www.lorealglobal.in) and using email addresses mimicking L'OREAL's domain to deceive the public. Crucially, the court issued specific directions compelling the domain registrar and telecom service provider to disclose user details and block access to the infringing online assets, establishing a strong precedent for digital IP enforcement.
Macleods Pharmaceuticals Limited v.Nava Healthcare Pvt. Ltd.
The Delhi High Court ruled in favor of Macleods Pharmaceuticals Limited, granting a permanent injunction against Nava Healthcare Pvt. Ltd. and associated defendants for trademark infringement and passing off. The court found that the Defendants' mark 'Blofin-D3 Max' and packaging were identical to the Plaintiff's registered marks ('Bio-D3', 'Bio-D3 Max') used for similar pharmaceutical preparations. Although Defendant No. 1 changed its mark, the injunction was upheld against all parties involved in the collaboration, and costs were awarded to the Plaintiff.
RICA S.P.A. v.JATIN HEMENDRABHAI VORA TRADING AS M/S PARUL MARKETING & ANR.
The Delhi High Court allowed the plaintiff, RICA S.P.A., to file a suit seeking permanent injunctions and damages related to trademark infringement and passing off. The core dispute involves the defendant's attempt to register the similar mark "REAL RICA Wax" for identical cosmetic products used by the plaintiff under the registered trademark RICA. Crucially, the court granted an interim injunction restraining the defendants from using the disputed trademark until the suit is fully adjudicated.
Warner Bros Entertainment Inc. v.Mr Ishant Kashiwal Trading As The Hogwarts Kafe & Ors.
Warner Bros Entertainment Inc. successfully secured an interim injunction against Mr Ishant Kashiwal Trading As The Hogwarts Kafe in a suit for trademark infringement, passing off, and unfair competition. The court recognized Warner Bros' status as a global leader and prior proprietor of the well-known 'Hogwarts' trademarks. Crucially, the defendant was immediately restrained from using the infringing mark 'The Hogwarts Kafe' at their restaurant premises and directed to remove all related advertisements and listings online.
Shree Ghantakaran Pipes Pvt Ltd & Anr. v.Pawan Kumar
The Delhi High Court decreed a trademark infringement suit filed by Shree Ghantakaran Pipes Pvt Ltd against Pawan Kumar. The dispute centered on the registered trademark 'MONICA GOLD'. Following successful mediation, the parties executed a settlement agreement which the court upheld. Under the terms, the defendant committed to cease all use of the protected mark and any deceptively similar marks, effectively resolving the litigation in favor of the plaintiffs.
Kake Di Hatti v.Shree Foods & Ors.
The Delhi High Court granted an interim injunction in favor of Kake Di Hatti, who owns registered trademarks 'Kake Di Hatti' and 'KDH'. The case stemmed from a terminated franchise agreement where the Respondents allegedly breached terms, including non-payment of royalties. Given the breach and the risk of irreparable harm to the Petitioner's goodwill, the court ordered Shree Foods & Ors. to immediately cease operating the business and stop using the Petitioner's trademarks until further hearing.
Spread Home Products Pvt Ltd v.M/S Bellagio At Super Nets And Fabrics
The Delhi High Court granted an ex-parte injunction in favor of Spread Home Products Pvt Ltd against M/S Bellagio At Super Nets And Fabrics, halting the defendants from using the trademark 'DOCTOR PILLOW' or any deceptively similar mark. Recognizing the need to prevent the removal of evidence, the court further appointed a Local Commissioner to visit the defendants' premises and seize all infringing products, including packaging materials. This order provides immediate protection for the plaintiff's brand while the suit proceeds.
Yonex Co., Ltd. v.Sumit Girdhar & Anr.
The Delhi High Court granted an ex parte injunction in favor of Yonex Co., Ltd. against Sumit Girdhar and others regarding counterfeit goods. The court found that the plaintiffs had established a prima facie case showing that defendants were dealing in counterfeit badminton equipment using the protected YONEX mark. This interim order immediately restrained the defendants from selling or advertising any products bearing the YONEX mark or similar variations, pending further proceedings.
Tusaj Lifestyle Private Limited v.Ms Yum Yum Chi
Tusaj Lifestyle Private Limited successfully sought an ex parte injunction against Ms Yum Yum Chi in the Delhi High Court. The plaintiff, which operates restaurants under registered trademarks like 'Yum Yum Cha,' alleged that the defendant's use of 'Yum Yum Chi' was deceptively similar to its established brand. The court granted the interim relief, restraining the defendants from selling or advertising services under the disputed name pending further proceedings.
Indiyaa Distribution Network Llp v.P Singh & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Indiyaa Distribution Network Llp against P Singh & Ors. The Plaintiff, a prior user of the Ayurvedic joint pain relief oil 'SANDHI SUDHA', successfully argued that the Defendants' use of similar marks and imitation of packaging constituted passing off and copyright infringement. The court recognized the Plaintiff's established market presence and sales history to protect consumers from potential confusion.
Krown Biscuit Private Limited v.Richfield Industries Private Limited
Krown Biscuit Private Limited filed a suit against Richfield Industries Private Limited alleging trademark infringement, copyright violation, and passing off. The plaintiffs claimed that the defendant was using the deceptively similar mark 'WHITE MAGIK' and associated trade dress for biscuits, confusing consumers who were familiar with the plaintiff's established brand, 'BLACK MAGIC.' Based on the prima facie case presented by the plaintiffs regarding the similarity of the marks and packaging, the court granted an interim injunction.
M/S Copenhagen Hospitality And Retails & Ors. v.M/S. A.R. Impex & Ors.
The Delhi High Court granted interim relief in favor of M/S Copenhagen Hospitality And Retails & Ors. against M/S. A.R. Impex & Ors., finding a prima facie case of trademark infringement and passing off. The court restrained the defendant from using deceptively similar pizza names, proprietary products, and controlling the plaintiff's official social media accounts while the main suit proceeds. This order protects the brand integrity of LA PINO'Z PIZZA against unauthorized commercial use by the franchisee.
Moonshine Technology Private Limited v.Tictok Skill Games Private Limited & Ors.
The Delhi High Court granted an ex-parte interim injunction in favor of Moonshine Technology Private Limited (Baazi Group) against Tictok Skill Games Private Limited. The court found that the defendant was attempting to piggyback on the goodwill and reputation of Baazi by using confusingly similar marks, such as 'WinZo Baazi'. Given the plaintiff's established presence and registered trademarks in the gaming industry, the court ruled that this usage amounted to infringement and passing off, directing the defendants to immediately cease all use of the infringing brand.
Frankfinn Aviation Services Private Limited v.Fly High Institute & Ors.
The Delhi High Court granted an ex parte ad interim injunction in favor of Frankfinn Aviation Services against Fly High Institute & Ors. The court found a prima facie case of trademark infringement, noting that the plaintiff holds a registered mark 'FLY HIGH' and claims extensive usage rights. Consequently, the defendants were restrained from using the infringing names or registering similar domain names until further hearing.
Tata Sons Private Limited & Anr. v.M/S Electro International & Ors.
The Delhi High Court granted an interim injunction in favor of Tata Sons Private Limited and its affiliates against a defendant operating the domain www.tatacliqsmart.com. The plaintiffs alleged that the defendant was infringing on their registered trademark 'TATA' and associated e-commerce brand, tatacliq.com, by using a similar name to sell products, including those belonging to the Tata Group. The court found sufficient grounds to grant the injunction, noting the apparent link between the defendant's activities and the plaintiffs' intellectual property rights.
Frankfinn Aviation Services Private Limited v.M/S Frankfinn Creations & Ors.
The Delhi High Court granted an interim injunction in favor of Frankfinn Aviation Services Pvt. Ltd., restraining M/s Frankfinn Creations from using the trademark 'FRANKFINN'. The court found a prima facie case, noting that the plaintiff has long-standing goodwill associated with its registered mark for aviation and training services. Furthermore, the court appointed a Local Commissioner to inspect the defendants' premises, inventory infringing materials, and examine their financial records.
Enlearn Education Pvt Ltd v.Imperial Heritage School
Enlearn Education Pvt Ltd successfully secured an interim injunction against Imperial Heritage School in the Delhi High Court. The plaintiffs, who operate a well-established school under the name 'The Heritage School,' alleged that the defendants were attempting to register and use the deceptively similar mark 'IMPERIAL HERITAGE SCHOOL.' The court found that a prima facie case was made out, granting immediate relief to prevent irreparable harm and confusion in the market.
Khadi And Village Industries Commission v.M/S Jbmr Enterprises
The Delhi High Court granted an interim injunction in favor of Khadi And Village Industries Commission against M/S JBMR Enterprises. The court found a prima facie case for infringement and passing off, noting that the defendant was using identical marks ('KHADI PRAKRITIK PAINT') and copying the entire trade dress and packaging of the plaintiff's eco-friendly paints. Consequently, the defendant was restrained from manufacturing or selling infringing products and directed to take down associated online presence.
El Baik Food Systems Co. S.A. v.Arsalan Wahid Gilkar & Anr.
The Delhi High Court granted an ad interim injunction in favor of El Baik Food Systems Co. S.A., a popular restaurant chain, against defendants accused of trademark infringement and copyright violation. The court found that the defendants were using the 'ALBAIK' trademarks and logos to fraudulently offer unauthorized franchises across India. Recognizing both the trademark rights and the artistic nature of the logos, the judge restrained the defendants from using any deceptively similar marks or offering fake franchise opportunities until the final hearing.
Anil Rathi v.Barhi Concast Llp & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Anil Rathi against Barhi Concast LLP and others. The court found that the defendants were attempting to circumvent a previous injunction by adopting the deceptively similar mark 'BCLLPRATHI' while dealing in TMT bars and steel products, which are identical to the goods covered under Mr. Rathi's registered trademark 'RATHI'. This interim order restrains the defendants from manufacturing or selling goods under this contested mark until the final hearing of the suit.
UPL Limited v.Bhaskar Agrochemicals Ltd & Anr.
UPL Limited filed a suit alleging that Bhaskar Agrochemicals Ltd was manufacturing and intending to launch a product comprising Acephate 50% + Imidacloprid 1.8% SP, infringing UPL's registered patents (IN 194211 and IN 211250). The court decreed the suit in favor of UPL Limited, granting a permanent injunction against the defendant for the validity period of the patents.
SAP SE v.SAP HANA SERVER ACCESS HYDERABAD AND ORS
The Delhi High Court granted an ex parte ad interim injunction in favor of SAP SE against the defendants. The court found merit in SAP's claims regarding its proprietary software and trademarks ('SAP', 'SAP HANA'). Consequently, the court directed the immediate de-activation of multiple infringing websites and social media accounts, as well as freezing a specific bank account linked to the alleged pirated activities.
Bennett Coleman Co Ltd v.Whatsappinc & Ors.
Bennett Coleman Co Ltd filed a suit against Whatsappinc and others alleging widespread unauthorized circulation and distribution of its proprietary e-newspapers. The plaintiff asserted that their published news articles, available through subscription on their websites, constitute original literary works protected under copyright law. Given the evidence presented regarding illegal dissemination via platforms like WhatsApp and Telegram, the Delhi High Court granted an interim injunction in favor of Bennett Coleman Co Ltd.
Bajaj Finance Limited v.Registrant Of Www.Bajaj-Finserve.Org & Ors.
The Delhi High Court granted an interim order in favor of Bajaj Finance Limited against the registrant of infringing domains. The court found that three specific domain names were clearly violating the petitioner's trademark. Consequently, the concerned Domain Name Registrars (DNRs) were directed to lock these illegal domains, and the Department of Telecommunications/Ministry of Electronics and Information Technology (DOT/MEITY) was mandated to block access to them.
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