Plaintiff Favorable
796 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
796 cases | Page 22 of 27
Deepak Kukreja v.Anil Kukreja
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Deepak Kukreja against Anil Kukreja, restraining the latter from using the deceptively similar trademark 'RIGALITE' in relation to electrical goods. The court found that the Plaintiff had established a prima facie case of infringement and passing off concerning his registered trademarks RIGA and RIGGA. Furthermore, the Court allowed the appointment of Local Commissioners to visit the Defendant's premises, seize infringing materials, and inventory the goods.
Ani Media Pvt Ltd v.Vinay G David & Ors
The Delhi High Court addressed an application filed by Ani Media Pvt Ltd alleging that Defendant No.1 was willfully disobeying a prior ad interim injunction order. The court found prima facie evidence of breach, as the defendant continued using the plaintiff's registered trademarks and domain name on his Facebook account despite the restraint order. Consequently, the court issued a show cause notice to initiate proceedings for disobedience and mandated that the defendant remove all offending content within 48 hours.
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.
Khadi & Village Industries Commission v.Raman Gupta And Others
The Delhi High Court granted an interim injunction in favor of Khadi & Village Industries Commission against Raman Gupta and others. The court found that the defendants were illegally using the registered trademark 'KHADI' and associated logos, particularly for medical products like PPE kits and hand sanitizers under the trading style 'KHADI BY HERITAGE'. Given the potential risk to public health due to unauthorized quality control, the court restrained the defendants from manufacturing or selling any such products bearing the infringing marks.
Enlearn Education Pvt. Ltd. v.Indian Heritage School
The Delhi High Court granted interim relief to Enlearn Education Pvt. Ltd., who alleged that the defendant was infringing on their established use of the mark 'HERITAGE' in the education sector. The court found a prima facie case for confusion among students and parents due to the similarity of marks used by both parties. Consequently, the Defendants were restrained from opening any new educational institutions using 'INDIAN HERITAGE' or 'HERITAGE', and were ordered to cease using the name 'Indian Heritage World School' for their existing pre-school starting May 1, 2022.
Whitehat Education Technology Private Limited v.Ms Kanishk Enterprises & Anr.
The Delhi High Court allowed a petition filed by Whitehat Education Technology Private Limited against Ms Kanishk Enterprises & Anr. The court directed the Registrar of Trade Marks to cancel the trademark entry bearing number 4786408 in Class 16. This decision effectively removed the contested mark from the register, favoring the petitioner's claim regarding the intellectual property rights.
Usha International Limited v.Tarun Arora Trading As Krishan Enterprises
Usha International Limited filed a suit seeking permanent injunction against Tarun Arora for trademark infringement concerning sewing machines. The Delhi High Court examined the plaintiff's claim, noting Usha's long-standing use of the mark 'USHA' since 1936 and its status as a well-known mark. Finding that the defendant was using the deceptively similar mark 'WSHA', the court granted an interim restraint order, preventing the defendant from using the infringing marks until further proceedings.
Hero Electric Vehicles Private Limited v.Mr. Nitish Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of Hero Electric Vehicles Private Limited against the defendants. The court found that the defendants were fraudulently adopting and misusing Hero's registered trademarks ('Hero Electric', 'Hero Motocrop') and identity materials to set up fake dealerships, thereby deceiving the public. Consequently, the defendants were restrained from using these marks or offering services under the plaintiff's name, and associated domain names and bank accounts were ordered to be frozen pending the final disposal of the suit.
Lt Foods Limited v.Sri Annapurna Agro Indsutries & Anr.
The Delhi High Court decreed the suit based on a comprehensive settlement reached between Lt Foods Limited and Sri Annapurna Agro Industries. The defendants formally acknowledged Lt Foods as the exclusive proprietor of the trademark 'HERITAGE/INDIAN HERITAGE SELECT.' Crucially, the defendants undertook to cease all use of the mark, refrain from registering similar marks globally, and pay damages amounting to INR 5,00,000/- to the plaintiff. This judgment provides a clear example of how parties can resolve complex IP disputes through negotiated settlements.
Hero Electric Vehicles Private Limited v.Mr. Nitish Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of Hero Electric Vehicles Private Limited against the defendants. The court found that the defendants were fraudulently adopting and misusing Hero's registered trademarks ('Hero Electric', 'Hero Motocrop') and identity materials to set up fake dealerships, thereby deceiving the public. Consequently, the defendants were restrained from using these marks or offering services under the plaintiff's name, and associated domain names and bank accounts were ordered to be frozen pending the final disposal of the suit.
Dr Ashim Kumar Biswas v.A To Z Pharmaceuticals And Laboratory & Anr.
The Delhi High Court granted an interim injunction in favor of Dr. Ashim Kumar Biswas against A To Z Pharmaceuticals for trademark infringement and passing off. The court found that the defendant's product was an exact copy of the plaintiff's Ayurvedic medicine, using a deceptively similar mark ('DR. BISWASH') while also naming the plaintiff as the manufacturer. Given the clear prima facie case, balance of convenience, and risk of irreparable harm to the plaintiff's reputation, the court restrained the defendants from continuing the infringing activities until further hearing.
M/S Esme Consumer Private Limited v.M/S Prass Naturaceutical Pvt Ltd
The Delhi High Court granted an interim injunction in favor of M/S Esme Consumer Private Limited against M/S Prass Naturaceutical Pvt Ltd. The court found that the defendant's adoption of the mark 'NATURASSENCE' was closely identical and deceptively similar to the plaintiff's registered trademarks, including 'NATURE'S ESSENCE'. Given the prima facie case made by the plaintiff regarding goodwill and reputation, the court restrained the defendant from using any confusingly similar marks or trade dress until further hearing.
Rica S.P.A. v.M/S Skin Safe Industries Through Its Sole Proprietor & Ors.
The Delhi High Court granted an interim injunction in favor of Rica S.P.A., a cosmetics company, against M/S Skin Safe Industries. The plaintiff alleged infringement and passing off concerning its trademarks, copyrights, and trade dress related to hair removal products. Citing prima facie evidence and the balance of convenience, the court restrained the defendants from using deceptively similar marks or copying the plaintiff's packaging and artistic works until the final hearing.
Schaeffler Technologies Ag And Co Kg v.Ms Gangason Enterprises
The Delhi High Court addressed a suit filed by Schaeffler Technologies (FAG) against Ms Gangason Enterprises for alleged trademark infringement. The parties ultimately resolved their dispute through an amicable settlement, which the court formalized into a decree. Under the terms of this settlement, the Defendant acknowledged FAG's exclusive rights and agreed to cease all use of the mark 'FAG,' withdraw related trademark applications, destroy infringing products, and provide an apology for the violation.
KLEENOIL FILTRATION INDIA PVT LTD v.UDIT KHATRI & ORS.
The Delhi High Court granted an interim injunction in favor of KLEENOIL FILTRATION INDIA PVT LTD against Udit Khatri & Ors. The court found that the defendants were engaging in blatant trademark infringement by selling spurious, sub-standard oil filters using names and get-ups deceptively similar to KLEENOIL's registered trademarks. Citing prima facie evidence, irreparable harm, and balance of convenience, the court restrained the defendants from marketing or supplying products under 'KLEENOIL' or 'CLEANOIL' until further hearing.
Emaar Properties Pjsc v.Emaar Farm Technik Private Limited & Anr.
The Delhi High Court granted an interim injunction in favor of Emaar Properties Pjsc against Emaar Farm Technik Private Limited. The plaintiff, a well-established global brand, alleged that the defendant was deceptively using the registered trademark 'EMAAR' for farm equipment to benefit from the plaintiff's goodwill and reputation. The court recognized the clear case of infringement and passing off, temporarily restraining the defendants from using the mark on any products or e-commerce platforms until further proceedings.
Infiniti Retail Limited v.M/S Croma Through Its Proprietor & Ors.
The Delhi High Court ruled in favor of Infiniti Retail Limited, granting a permanent injunction against trademark infringement and ordering the transfer of the domain name www.croma.in. The court found that the plaintiff's mark 'CROMA,' which is registered and declared well-known, was being illegally used by a third party who was profiting from its reputation through website squatting. This judgment reinforces the strong legal protection afforded to established, well-known trademarks in the digital space.
New Balance Athletics Inc. v.Ashok Kumar Trading As WWW.SASTAJOOTA.COM & ORS.
The Delhi High Court granted an ad-interim injunction in favor of New Balance Athletics Inc. against Ashok Kumar Trading As WWW.SASTAJOOTA.COM & Ors., finding a prima facie case of trademark infringement. The court recognized that the defendants were operating websites offering footwear bearing New Balance's mark without authorization, leading to apprehension of counterfeit goods. Consequently, the court ordered the immediate deactivation and blocking of the infringing websites.
MARRIOTT WORLDWIDE CORPORATION v.COURTYARD HOLIDAYS WORLD PRIVATE LIMITED
The Delhi High Court granted an interim injunction in favor of Marriott Worldwide Corporation against Courtyard Holidays World Private Limited regarding trademark infringement. The court found that the defendant was misleading consumers by using marks and domain names identical or similar to Marriott's registered 'COURTYARD' brand. Despite the defendant having a registration, the court noted that this registration was obtained through false representation, leading to the restraint order.
Frankfinn Aviation Services Pvt Ltd. v.M/S Fly High Montessori & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Frankfinn Aviation Services Pvt Ltd. against M/S Fly High Montessori & Ors. The plaintiff alleged that the defendant was using a deceptively similar mark, 'GOLDEN FRANKFINN,' for educational services, thereby infringing on and passing off its registered trademark 'FRANKFINN.' The court found that a prima facie case was made out, immediately restraining the defendant from using the disputed marks in any manner to prevent further infringement and unfair competition.
Bisleri International Private Limited v.M/S Shri Sai Foods & Beverages & Ors
The Delhi High Court granted the plaintiff, Bisleri International Private Limited, an extension of 90 days to execute local commissions in a trademark infringement suit. The court also appointed four additional advocates as local commissioners. This order facilitates the quantification of damages by allowing detailed inspection and inventory of infringing goods at the defendants' premises.
Ht Media Ltd v.Pooja Sharma & Ors.
In a significant interim order, the Delhi High Court granted an immediate injunction protecting Ht Media Ltd's 'SHINE' trademark and its website www.shine.com from unauthorized use by rogue defendants. The court recognized that the defendants were using the plaintiff's IP to deceive the public through fraudulent job/career services. Crucially, the judgment issued sweeping directions to various service providers—including ISPs, telecom operators, domain registrars, and Gmail—to block infringing websites and disclose user information, effectively providing a powerful mechanism for online IP enforcement.
Novartis Ag v.Medipol Pharmaceuticals India Pvt Ltd
The plaintiff, Novartis Ag, filed a suit alleging infringement of its patent (IN 233161) concerning the drug Eltrombopag Olamine. The court found a clear prima facie case in favor of the plaintiff, noting that the rights to the patent had been confirmed previously.
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.
Db Corp Ltd v.Whatsapp Llc & Ors
Db Corp Ltd filed a suit against WhatsApp LLC alleging unauthorized circulation of its copyrighted e-newspapers within private messaging groups. The Delhi High Court granted an interim ex-parte injunction, directing WhatsApp to immediately take down and block the identified infringing groups. This order underscores the platform's responsibility in preventing copyright infringement when content is illegally shared on its services.
Aditya Infotech Limited v.Urmilla Jain
The Delhi High Court granted an ad-interim injunction in favor of Aditya Infotech Limited against Urmilla Jain. The Plaintiff, a leading security solutions provider, alleged that the Defendant was selling counterfeit CCTV cables using its registered trademark 'CP PLUS' and copying its trade dress. The court found a prima facie case for infringement and passing off, recognizing the potential harm to the Plaintiff's goodwill. This interim order immediately restrained the Defendant from further infringing activities until the final hearing.
M/S. Blue Heaven Cosmetics Pvt. Ltd. v.Shivani Cosmetics Through Its Partners Vinod Monga and Nishant Monga
The Delhi High Court granted an interim injunction in favor of M/S. Blue Heaven Cosmetics Pvt. Ltd. against Shivani Cosmetics. The court found prima facie evidence suggesting that the defendant was copying not only the registered trademark but also the trade dress, copyright, writing style, and overall packaging of the plaintiff's 'BLUE HEAVEN GsET BOLD' eyeliner product. This crucial order protects the plaintiff's goodwill while the full trial proceeds.
Gujarat Cooperative Milk Maketing Federation Ltd v.M/S Shree Bankey Bihari Vegetables And Foods Co
The Gujarat Cooperative Milk Maketing Federation Ltd filed a suit against M/S Shree Bankey Bihari Vegetables And Foods Co alleging trademark and copyright infringement, passing off, and seeking damages. During the proceedings, the defendants conceded to certain prayers, and the plaintiffs restricted their claim for damages. Consequently, the Delhi High Court decreed the suit in favor of the plaintiffs, granting permanent injunctions, mandatory injunctions, and awarding damages amounting to Rs. 1.50 lacs.
Ramada International, Inc. v.Clubramada Hotels And Resorts Private Limited & Anr.
The Delhi High Court granted an interim injunction in favor of Ramada International, Inc. against Clubramada Hotels And Resorts Private Limited and others. The plaintiff sought permanent injunctions for infringement, passing-off, and dilution of its registered trademark 'RAMADA.' The court found a prima facie case existed, noting the defendant's use of similar marks (CLUB RAMADA) in identical hotel services, leading to an immediate restraint order until further proceedings.
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.
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