Plaintiff Favorable
632 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
632 cases | Page 20 of 22
Allied Blenders And Distillers Pvt Ltd v.Agribiotech Industries Limited (Abil)
The Delhi High Court granted an ad interim injunction in favor of Allied Blenders And Distillers Pvt Ltd against Agribiotech Industries Limited. The plaintiff alleged that the defendant was infringing on its registered trademarks ('Officers Choice') and copyrighted trade dress associated with its IMFL products, specifically by using a deceptively similar label for its 'Chetak Whisky'. The court found that there was a high likelihood of consumer confusion, satisfying both the 'average intelligence' test and the 'triple identity' test. This interim order protects the plaintiff's brand reputation pending final disposal of the suit.
Minda Corporation Ltd. v.Star Minda Oil Lubricants Ind. Ltd.
The Delhi High Court granted an interim injunction in favor of Minda Corporation Ltd. against Star Minda Oil Lubricants Ind. Ltd. The plaintiffs alleged that the defendant's adoption of the 'STAR MINDA' mark was deceptively similar to their registered device marks, leading to a risk of consumer confusion and passing off. The court found that the plaintiffs had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss.
Gulf Oil Lubricants India Limited v.Voltronic India Lubricants & Ors.
The Delhi High Court allowed the plaintiff, Gulf Oil Lubricants India Limited, to appoint two more Local Commissioners in its ongoing infringement suit. The court recognized that new entities were using the registered trademark 'GULF PRIDE 4T PLUS' and employing deceptively similar trade dress for their engine oil products. This order allows the plaintiff to further investigate and seize infringing goods from newly identified parties, reinforcing the court's initial finding of widespread infringement.
Giani S Foods Private Limited v.Mr. Keshav Aggarwal, Trading As M/S Keshav Foods & Anr.
The Delhi High Court granted interim relief to Giani S Foods Private Limited against Mr. Keshav Aggarwal regarding alleged trademark infringement. The court found that the plaintiff had established a prima facie case, noting irreparable harm to its commercial interests due to the unauthorized use of the 'GIANI'S' mark and associated trade features by the defendant. Consequently, the defendants were immediately restrained from using the protected trademark or similar marks on their products and from utilizing any distinctive store layouts or fixtures belonging to Giani S Foods.
Gmr Enterprises Pvt. Ltd. (Gepl) v.Gadham Ramesh
The Delhi High Court granted an interim injunction in favor of Gmr Enterprises Pvt. Ltd. (GEPL) against Gadham Ramesh regarding alleged trademark infringement. GEPL, claiming extensive use and registration of the 'GMR' mark across various sectors since 1978, sought protection against the defendant who was using a similar mark for a news channel on YouTube. The court found that GEPL had made out a prima facie case and granted immediate relief to prevent irreparable damage to its goodwill.
Ascot Hotels & Resorts Pvt. Ltd. v.Prashant Sharma & Dikshant Sharma
The Delhi High Court addressed an execution petition concerning a prior settlement where the judgment debtor had agreed to cease using the trademarks 'SAVOY SUITES' and 'SAVOY'. The court found that the judgment debtor was violating this undertaking by advertising their property in Mumbai under the same name, thereby leveraging the goodwill of the decree holder. Consequently, the Court issued strict directions compelling the defendant to immediately remove all references to the trademark from websites and third-party platforms, including major booking sites.
Bharat Bhushan Gupta Prop. Bharat Light Machines v.Nitin Mittal Prop. M/S G.K. Trading Co.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Bharat Light Machines regarding its trademark OZOMAX. The plaintiff alleged that the defendant was deceptively using a similar mark, OZOWAX, and copying the artistic packaging for body massagers. The court found that the plaintiff had made out a prima facie case, noting the phonetic and visual similarity between the marks and the clear imitation of the product packaging.
Living Media India Limited & Anr. v.Www.News-Aajtak.Co.In & Ors.
The Delhi High Court granted an interim injunction in favor of Living Media India Limited, who claimed ownership of the 'AAJ TAK' trademark. The court found that the plaintiffs had established a prima facie case of trademark infringement by various defendants using similar marks in their domain names. Consequently, the court directed the concerned Domain Name Registrars (DNRs) to immediately block and suspend the infringing websites and take down related content from social media platforms.
Exide Industries Limited v.Krishna International & Ors.
Exide Industries Limited successfully secured an ad-interim injunction in the Delhi High Court against Krishna International and others. The plaintiff alleged that the defendants were dishonestly adopting its well-known 'EXIDE' trademark to manufacture and sell various products, including bulbs and power banks. Given the prima facie case made out by Exide regarding the unauthorized use of its mark, the court granted the injunction to prevent irreparable loss until the final hearing.
BASF SE v.UPL LIMITED
BASF SE filed a suit against UPL Limited seeking permanent injunction for infringing its India Patent No. 262428, which covers Boscalid anhydrous Form-II. The court considered affidavits from both parties regarding infringement and R&D activities. Ultimately, the court decreed the suit in favor of BASF SE, granting a permanent injunction.
FMC Corporation v.Modern Insecticides Limited
FMC Corporation filed a suit alleging that Modern Insecticides Limited was infringing its valid Indian Patent (IN 201307) related to the insecticide Chlorantraniliprole (CTPR). The plaintiffs, who are co-owners of the patent, claimed that the defendant was manufacturing and exporting the compound, thereby violating their intellectual property rights. Based on the prima facie case presented by FMC Corporation, the Delhi High Court granted an ex-parte ad-interim injunction in favour of the plaintiffs.
Sporta Technologies Pvt Ltd v.Dream11 Team
The Delhi High Court granted an interim injunction in favor of Sporta Technologies against Dream11 Team, finding a prima facie case of trademark infringement. The court recognized that the defendant was slavishly adopting identical trademarks and logos, causing consumer confusion. Consequently, the defendants were restrained from using the infringing mark or similar logos, and the court ordered the domain registrar (GoDaddy) to suspend/block the infringing domain name www.dream11team.com.
Gujarat Cooperative Milk Marketing Federation Ltd. v.Amul Franchise.In & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Gujarat Cooperative Milk Marketing Federation Ltd. against various parties operating fraudulent websites using the 'AMUL' trademark. The court found that these entities were impersonating and deceiving the public by offering fake dealerships, jobs, and distributorships, thereby causing irreparable harm to the brand. Furthermore, the registrars of the infringing domains were directed to immediately suspend or block the sites, while banks holding accounts related to the fraudulent operations were ordered to disclose account holder details.
Astrazenca Ab v.West Coast Pharmaceuticals Works Ltd.
Astrazenca filed a suit alleging that West Coast Pharmaceuticals Works Ltd. was manufacturing the drug Dapagliflozin, which is protected by Astrazenca's patents (IN '147 and IN '625). The defendant entered an undertaking acknowledging the validity of the patents and agreeing not to infringe them.
Novartis Ag & Anr v.Natco Pharma Limited
The plaintiffs sought revival of an earlier interim order restraining the defendant from manufacturing pharmaceutical preparations comprising 'Ceritinib'. The court noted that the initial order was suspended due to the suit patent being revoked. However, since the IPAB subsequently stayed the revocation order, the court revived the original ad interim relief.
McDonalds Corporation And Anr v.National Internet Exchange Of India And Ors
The Delhi High Court granted an interim injunction in favor of McDonald's Corporation against various defendants accused of fraudulent activities. The court found a prima facie case for the plaintiffs, recognizing that the defendants were misusing the 'McDonald's' trademark, Golden Arches Logo, and associated domain names to offer fake franchise opportunities. This crucial order restrained the defendants from infringing on McDonald's intellectual property rights and directed them to freeze relevant bank accounts.
M/S Hari Chand Shri Gopal v.Evergreen International (Through Its Proprietor)
The Delhi High Court granted an ad interim injunction in favor of M/S Hari Chand Shri Gopal against Evergreen International. The court found a prima facie case of trademark infringement and passing off, noting that despite no phonetic similarity between 'GOPAL' and 'KRISHNA', there was clear conceptual similarity and deceptive trade dress. This ruling temporarily halts the defendant's sale of similar chewing tobacco products until the full trial.
Montblanc Simplo Gmbh v.Montblancindia.Com & Ors.
The Delhi High Court issued crucial interim directions in favor of Montblanc Simplo Gmbh against alleged counterfeiters. Recognizing ongoing illegal activities, including the sale of fake products using the registered trademark and the use of an infringing website, the court ordered the immediate freezing of specific bank accounts linked to the defendants. Furthermore, it directed the domain registrar (GoDaddy) to suspend the problematic website, www.virtuindia.co.in, protecting public interest while the main litigation proceeds.
Fk Bearing Group Co Ltd. v.M/S Kunal Trading Corp & Anr.
The Delhi High Court granted an ad-interim injunction favoring Fk Bearing Group Co Ltd. against M/S Kunal Trading Corp & Anr. The dispute centered on the unauthorized use of the plaintiff's distinctive trademark (FK/) and associated artistic logo/trade dress for manufacturing and selling bearings. Given that the plaintiff demonstrated a prima facie case, irreparable loss, and balance of convenience in its favor, the court issued a restraining order against all defendants from dealing in the infringing goods until further hearing.
Exxon Mobil Corporation v.M/S. Mobil House
The Delhi High Court granted an interim injunction in favor of Exxon Mobil Corporation against M/S. Mobil House, finding a prima facie case of trademark infringement. The court noted that the plaintiff owns the registered trademark 'Mobil' for lubricant oils, while the defendant was using it in their trade name, causing market confusion. Consequently, the defendant was immediately restrained from using the disputed mark across all platforms until further hearing.
Danone Asia Pacific Holdings Pte Ltd. v.Alexi Pharmicia & Anr.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Danone Asia Pacific Holdings Pte Ltd. against Alexi Pharmicia & Anr. The dispute centered on the alleged infringement of Danone's proprietary rights, including its registered trademark 'PROTINEX,' trade dress, and associated copyrights, by the defendants who were selling a deceptively similar product under the mark 'PROTILEX.' The court found that the plaintiff had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss.
Anhueser Busch Llc v.Rishav Sharma & Ors
Anhueser Busch LLC successfully obtained an ad interim injunction against Rishav Sharma and others in the Delhi High Court. The plaintiff alleged that defamatory videos published on social media platforms were infringing its registered 'Budweiser' trademark and causing commercial disparagement by falsely depicting employees urinating in the beer. The court found a prima facie case existed, granting immediate relief to prevent further harm until the final hearing.
Raf Stationery Mfg Co. v.Ms Goel Trading Co Through Its Proprietor Mr Ankur Goel & Ors.
The Delhi High Court granted an interim injunction in favor of Raf Stationery Mfg Co. against Ms Goel Trading Co. The court found prima facie evidence that the defendant was infringing on the plaintiff's common law trademark rights by using deceptively similar marks, specifically 'DIGITAL PLUS+' and 'GTC DIGITAL PLUS+'. Given the extensive use of the plaintiff's marks and the potential for irreparable harm to its commercial interests, the defendants were immediately restrained from manufacturing or selling the disputed products.
Havells India Limited v.Ratheesh Govindan & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Havells India Limited against the defendants, finding a prima facie case of trademark infringement. The dispute centers on the unauthorized use of deceptively similar marks and logos (like STANDARD, STANGUARD, and HOMESAFE) by the respondents for electrical products. The court recognized that the plaintiffs possess common law rights in these brands due to long-term usage. Consequently, the defendants were directed to suspend exports and disclose their manufacturing sources pending further hearings.
Nutricia International Pvt. Ltd. v.Hexalac Healthcare Pvt. Ltd. & Ors.
Nutricia International Pvt. Ltd. successfully secured an ad-interim ex-parte injunction in the Delhi High Court against Hexalac Healthcare Pvt. Ltd. and others regarding the use of a similar mark for infant food products. The plaintiff, owner of the registered trademark DEXOLAC, alleged that former employees were manufacturing and selling competing products under the name HEXALAC. The court found that the plaintiff had made out a prima facie case and granted the injunction to prevent irreparable loss while the suit proceeds.
M/S Babu Ram Om Prakash v.Mr. Roger Aoun
The Delhi High Court granted an ad-interim injunction in favor of M/S Babu Ram Om Prakash against Mr. Roger Aoun regarding the use of the trademark 'BLACK DIAMOND'. The plaintiff, a long-standing manufacturer of cosmetics and mehandi products, alleged that the defendant was deceptively adopting their registered mark. Citing prima facie evidence and irreparable loss, the court restrained the defendant from using the disputed mark until further hearing.
Rajkumar Sabu v.Kaushalya Devi Sabu & Ors.
The Delhi High Court granted an application by the Plaintiff, Rajkumar Sabu, allowing for the appointment of Local Commissioners. The dispute centers on the unauthorized use of the registered trademark 'SACHAMOTI' by the Defendants, who continued to sell products bearing the registration symbol (®) despite prior court orders prohibiting such usage. The commissioners were authorized to inspect premises, seize infringing goods and packaging, and take related documentation.
Gallup Inc. v.Impetus Research Pvt. Ltd.
The Delhi High Court granted an interim injunction in favor of Gallup Inc. against Impetus Research Pvt. Ltd., finding a prima facie case of trademark infringement. The court recognized Gallup's well-known status and extensive global trademark registrations, noting that the defendant's use of 'GALLUP' could cause irreparable damage to the plaintiff's goodwill. This order allows the suit to proceed with immediate protection for the brand.
Bayer Intellectual Property GmbH & Anr. v.Titan Laboratories Pvt. Ltd.
Bayer Intellectual Property GmbH and its associates filed a suit alleging that Titan Laboratories Pvt. Ltd. was infringing on their patented compound, Rivaroxaban (IN 211300). The plaintiff contended that the defendant was exporting finished pharmaceutical products containing Rivaroxaban to foreign entities in commercial quantities. Despite the lack of domestic launch by the defendant, the court held that such exports constituted 'use in India' under the Patents Act. Consequently, the Delhi High Court granted an ad-interim ex-parte injunction in favor of Bayer.
Sunstar Joint Stock Company & Anr. v.Mr. Arvind Kumar Aggarwal & Anr.
The Delhi High Court settled a trademark dispute between Sunstar Joint Stock Company and Mr. Arvind Kumar Aggarwal. The parties reached an amicable agreement, leading the court to decree the suit based on specific prayers in favor of the plaintiff. Crucially, Defendant No. 1 was directed to assign its registered Trademark (No. 3750648) for 'Thai Duong' to Sunstar Joint Stock Company, resolving the core ownership conflict.
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