Plaintiff Favorable
796 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
796 cases | Page 2 of 27
Himalaya Wellness Company & Ors. v.Greenland Trading Company
The Delhi High Court granted an interim injunction in favor of Himalaya Wellness Company, finding a prima facie case of trademark infringement and passing off against Greenland Trading Company. The court recognized 'HIMALAYA' as a well-known mark due to its extensive global use since 1930. Given the potential for consumer confusion in the health and wellness sector, the court restrained the defendant from using deceptively similar marks until further hearing.
Astha Jain & Anr. v.Ashok Kumar John Doe & Ors.
The Delhi High Court granted urgent interim relief in favor of the plaintiffs against various traders accused of selling counterfeit goods. The court found a prima facie case of trademark infringement, passing off, and copyright violation concerning the marks 'AYUVYA', 'i-GAIN+', 'IMFRESH', and 'BOOBEAUTIFUL'. Consequently, all defendants were restrained from using these impugned marks until further hearing, and specific directions were issued to take down product listings from major e-commerce platforms.
Apl Apollo Tubes Limited v.M/S Steel Track & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Apl Apollo Tubes Limited against M/S Steel Track & Ors. regarding trademark infringement and passing off. The court found that the Defendants' use of 'APOLLO/APOLLO TMT' was deceptively similar to the Plaintiff's established marks, risking irreparable harm to their brand equity. While acknowledging the Plaintiff's delay in filing the suit, the Court issued a comprehensive restraint order covering all marketing and sales activities, though it exempted goods already manufactured by the Defendants.
X & Anr. v.Y & Ors.
The Delhi High Court extended an existing ex parte ad-interim injunction against a trademark infringer, ANCHOR/, to seven newly identified entities. This extension was granted after the Plaintiffs successfully demonstrated that these new parties were involved in dealing/selling counterfeit products during a local commission investigation. Furthermore, the court allowed the immediate execution of the local commission without prior notice to prevent disruption of evidence gathering.
Verizon Trademark Services Llc & Ors. v.Nalathoti Ramu & Anr.
The Delhi High Court granted a temporary injunction in favor of Verizon Trademark Services LLC and its affiliates against Nalathoti Ramu. The court found that Verizon holds a well-known registered trademark for 'VERIZON' and that the balance of convenience lay with the plaintiffs. This interim order restrains the defendant from using, marketing, or advertising any marks identical or similar to VERIZON across various platforms, including domain names and social media handles.
Irish Distillers International Limited v.Stardford Spirits Pvt Ltd & Anr.
The Delhi High Court granted a rectification petition filed by Irish Distillers International Limited, leading to the cancellation of the 'BLUE SPOT' trademark registration held by Stardford Spirits Pvt Ltd. The court found that the respondent had failed to demonstrate bona fide use of the mark for over five years from its grant date. Given the lack of market presence and unrebutted evidence of non-use, the court ruled in favor of the petitioner, reinforcing the statutory grounds for trademark removal.
Hero Investcorp Pvt Ltd And Anr v.Ashok Kumar (John Doe)
The Delhi High Court granted interim relief to Hero Investcorp Pvt Ltd in its suit against an unidentified entity manufacturing and selling counterfeit two-wheeler spare parts. The court recognized the Plaintiffs' registered trademarks and trade dress associated with 'HERO GENUINE PRODUCTS.' Crucially, the court appointed a Local Commissioner to execute a search and seizure commission at the Defendant's premises to recover infringing goods, setting the stage for further litigation.
Hero Investcorp Pvt Ltd And Anr v.Ashok Kumar (John Doe)
The Delhi High Court granted interim relief to Hero Investcorp Pvt Ltd in its suit against an unidentified entity manufacturing and selling counterfeit two-wheeler spare parts. The court recognized the Plaintiffs' registered trademarks and trade dress associated with 'HERO GENUINE PRODUCTS.' Crucially, the court appointed a Local Commissioner to execute a search and seizure commission at the Defendant's premises to recover infringing goods, setting the stage for further litigation.
Gsp Crop Science Pvt Ltd v.Mikado Crop Science Pvt Ltd
Gsp Crop Science Pvt Ltd filed a suit seeking permanent injunction against Mikado Crop Science Pvt Ltd for infringing Indian Patent No. 394568, which covers a specific suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. Although the defendant conceded to the grant of permanent injunction, the court also directed notice to an e-commerce website (AgriBegri) regarding the listing of the infringing product 'DYNA' to investigate commercial sales.
Mankind Pharma Limited v.De Harbien Life Sciences Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Mankind Pharma Limited against De Harbien Life Sciences Private Limited. The court found that the defendant's use of marks like 'NEFROKIND' and 'SILOKIND' was likely to cause confusion with Mankind's well-known trademarks, including 'MANKIND' and its formative variants. Given the pharmaceutical nature of the products and the potential for irreparable harm to the plaintiff and the public, the court restrained the defendant from selling or advertising the impugned marks until further hearing.
Capital Foods Private Limited v.Krs Multipro Private Limited & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Krs Multipro Private Limited. The suit involves allegations of trademark and copyright infringement concerning the popular brand 'SCHEZWAN CHUTNEY'. Based on a prima facie case, the court found that the Defendants' product packaging copied the Plaintiff's registered mark precisely, posing a risk of market confusion. Consequently, the Defendants were immediately restrained from using the infringing mark until the final hearing.
M/S Changsha Sinocare Inc. v.Mr Rajesh Kumar
The Delhi High Court granted an interim injunction in favor of M/S Changsha Sinocare Inc. against the defendants regarding alleged infringement and passing off. The court found a prima facie case based on the use of deceptively similar marks ('Safe AQ'/'Safe Accu') and trade dress, as well as confusingly similar corporate names. Consequently, the defendants were restrained from selling or marketing products that mimic Sinocare’s intellectual property, and specific infringing URLs were directed to be disabled by e-commerce platforms.
M/S Prakash Pipes Limited v.Registrar Of Trademarks & Ors.
The Delhi High Court allowed a Rectification Petition filed by M/S Prakash Pipes Limited against the Registrar of Trademarks. The petition sought the cancellation and removal of the trade mark 'PARKASHPOWER' (Registration No. 4798175) from the register. With no objection from certain respondents, the court directed that the impugned mark be removed, thereby rectifying the trademark registry.
Tata Sons Private Limited v.Martuj Ali & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Tata Sons Private Limited against Martuj Ali & Anr. The court found a prima facie case of trademark infringement and passing off, noting the well-known status and extensive use of the 'TATA' mark by the Plaintiff. Consequently, the Defendants were restrained from using the impugned mark 'TATA BIRI' or any deceptively similar variations, preventing consumer confusion regarding their association with the Tata Group.
Synertec Pty Ltd v.Union Of India & Anr.
Synertec Pty Ltd filed a writ petition seeking restoration of its patent application (No. 202217030233) which had been deemed withdrawn under Section 11B(4) of the Patents Act, 1970. The Petitioner argued that the failure to file the request for examination was due to an inadvertent error by its Patent Agent regarding the deadline. The Court allowed the petition, finding that the Petitioner acted diligently and should not suffer consequences of the agent's mistake.
Hero Investcorp Pvt Ltd And Anr v.Ashok Kumar (John Doe)
The Delhi High Court granted interim relief to Hero Investcorp Pvt Ltd in its suit against an unidentified entity manufacturing and selling counterfeit two-wheeler spare parts. The court recognized the Plaintiffs' registered trademarks and trade dress associated with 'HERO GENUINE PRODUCTS.' Crucially, the court appointed a Local Commissioner to execute a search and seizure commission at the Defendant's premises to recover infringing goods, setting the stage for further litigation.
XX v.Y
The Delhi High Court granted several critical reliefs to the Plaintiffs in their trademark infringement suit against Y. The court allowed the plaintiffs to proceed without mandatory pre-institution mediation, masked the parties' identities during initial proceedings, and permitted an ex parte interim injunction supported by a Local Commissioner's commission. This decision allows the plaintiffs, who own the 'HERO' brand, to swiftly investigate and address the alleged sale of counterfeit two-wheeler spare parts.
Silvermaple Healthcare Services Private Limited v.Desai Hospitals Ventures LLP & Ors.
The Delhi High Court granted an interim injunction in favor of Silvermaple Healthcare Services against Desai Hospitals Ventures LLP and others regarding alleged infringement of trademarks and copyrights related to hair restoration services. The court found that the Plaintiff was likely to suffer irreparable harm if the Defendants continued using the protected marks and copyrighted materials, leading to a favorable order for the Plaintiff.
Jaquar And Company Private Limited v.Jaquar Franchise & Ors.
The Delhi High Court granted interim injunctive relief in favor of Jaquar And Company Private Limited against various defendants regarding the unauthorized use of its 'JAQUAR' trademark. The court ordered immediate suspension of specific domain names associated with the mark and directed actions to freeze relevant bank accounts, recognizing the brand's well-known status. This order sets a strong precedent for protecting established trademarks in the digital age.
Capital Foods Private Limited v.Damyaa (Pj) Foods Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Damyaa (Pj) Foods Private Limited. The court found that the Defendant's use of 'SCHEZWAN TUFANI CHUTNEY' was a clear case of dishonest imitation and deceptively similar to the Plaintiff's registered trademark, 'SCHEZWAN CHUTNEY'. Given the Plaintiff's established reputation and significant market presence, the injunction aims to prevent consumer confusion and irreparable harm.
Herbalife International Inc. v.Shiv Shakti Enterprises & Ors.
The Delhi High Court extended the existing interim injunction against Herbalife's trademarks to a newly impleaded defendant (Mr. Narayan Lal Kumawat) after relying on a local commissioner's report indicating counterfeit activity. The court also issued strict directives, requiring all involved parties to discontinue selling infringing goods on Flipkart and disclose detailed transaction information related to the alleged trademark infringement.
Impresario Entertainment And Hospitality Pvt Ltd v.M/S. Social Kitchen Through Its Proprietor
The Delhi High Court granted an ex parte ad-interim injunction in favor of Impresario Entertainment, who holds a registered trademark for 'SOCIAL' used across various hospitality services. The court found that the plaintiff had established a prima facie case and that the balance of convenience lay in their favor, noting the defendant's prior withdrawal of its own application due to concerns over deceptive similarity. This interim order immediately restrains the defendant from using marks similar to 'SOCIAL', including variations like 'SOCIAL KITCHEN'.
Pathkind Diagnostics Private Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Pathkind Diagnostics Private Limited against the Registrar of Trade Marks' rejection of its trademark application for 'PATHKIND LABS'. The core issue was the existence of cited marks owned by the petitioner's director. By presenting an Assignment Deed and a No Objection Certificate (NOC), the court found that the ground for rejection had been sufficiently addressed. Consequently, the application was directed to be accepted and advertised in the Trademark Journal.
The Indian Hotels Company Limited v.Vivanta Stays & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of The Indian Hotels Company Limited against Vivanta Stays & Ors. The court recognized 'VIVANTA' as a well-known trademark and immediately restrained the defendants from using similar marks, such as VIVANTA STAYS/VIVANTA REALTY, both online and offline. Furthermore, the order mandated the immediate takedown of infringing websites and domain names, providing swift protection to the plaintiff's brand reputation.
Esme Consumers Pvt Ltd v.Suraj Collection And Anr
The Delhi High Court granted an interim injunction in favor of Esme Consumers Pvt Ltd against Suraj Collection And Anr, finding a prima facie case of trademark infringement and passing off. The court determined that the defendant's use of similar marks and trade dress was calculated to deceive consumers and erode the plaintiff's established goodwill associated with its cosmetic products. Consequently, the defendants were immediately restrained from using the infringing marks until the final hearing.
Abbott Laboratories v.The Registrar Of Trade Marks
The Delhi High Court allowed Abbott Laboratories to appeal the rejection of its 'ENSURE' trademark application. The original rejection was based on insufficient evidence supporting a very early claimed date of use (31.12.1999). The court granted liberty for the Appellant to amend its user claim, restricting it to 23.04.2012, and directed the Registrar to reconsider the application afresh. This decision effectively restored the trademark application to its original status.
YC Electric Vehicle v.Iqbal Proprietor Of M/S K.G.N & Anr.
The Delhi High Court granted an ad-interim injunction in favor of YC Electric Vehicle against Iqbal Proprietor Of M/S K.G.N & Anr., addressing claims of trademark and copyright infringement related to the 'YATRI' brand used for electric vehicles. The court recognized the Plaintiff's status as a prior user and owner, issuing a broad restraint order preventing Defendants from using deceptively similar marks online or offline. This interim relief is crucial for protecting the market reputation and goodwill associated with the Plaintiff's established e-vehicle brand.
Unique International Ev Private Limited v.Iqbal Proprietor Of M/S K.G.N & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Unique International EV Private Limited against Iqbal Proprietor Of M/S K.G.N & Anr. The Plaintiff, a manufacturer of electric vehicles under the 'PANTHER' brand, successfully argued that the Defendants were infringing upon its trademarks and copyrights by using confusingly similar marks for identical goods (e-rickshaws). This interim relief prevents the Defendants from continuing their alleged infringement while the main suit proceeds.
The Indian Hotels Company Limited v.John Doe And Anr
The Delhi High Court granted an ex parte ad-interim injunction in favor of The Indian Hotels Company Limited against defendants for alleged trademark infringement and disparagement of its iconic 'TAJ' brand. Citing the TAJ trademark as a well-known mark, the court restrained the defendants from publishing or disseminating any content that infringes upon the brand. Furthermore, Defendant No. 2 was specifically directed to immediately take down an impugned video uploaded on its Instagram channel.
Indmoney Tech Private Limited & Anr. v.Ashok Kumar And Ors
The Delhi High Court issued further directions in the trademark infringement suit filed by Indmoney Tech Private Limited. The court recognized that unknown entities were using the 'INDmoney/' trademarks across various digital platforms—including websites, WhatsApp, Telegram, and mobile apps—to defraud customers with fraudulent stock advice. The judgment specifically directed platform providers (like WhatsApp/Telegram operators) and financial institutions to take immediate action against the identified infringing accounts and bank details, reinforcing the court's stance on protecting brand integrity in the digital age.
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