Plaintiff Favorable
624 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
624 cases | Page 3 of 21
M/S. Aquapump Industries & Anr. v.Ravi Yadav & Anr.
The Delhi High Court allowed a petition seeking rectification regarding a specific trademark registration. Following submissions from both parties, the court directed the cancellation of Trademark Registration No. 6100995 for the mark in Class 11. This order mandates the trademark registry to rectify its records accordingly within four weeks, effectively clearing the title and resolving the dispute between M/S. Aquapump Industries and Ravi Yadav.
Wipro Enterprises Private Limited v.Shivam Udhyog & Anr.
The Delhi High Court ruled in favor of Wipro Enterprises Private Limited, declaring its trademark 'WIPRO' as a well-known mark. The judgment recognized the extensive goodwill and reputation associated with the brand, citing massive sales turnover (over INR 60,775 crores) and substantial promotional expenditure over several decades. This declaration is crucial for protecting the brand against unauthorized use by third parties.
M/S Gopika Industries v.Dayal Industries Pvt. Ltd.
The Delhi High Court dismissed the Defendant's application seeking rectification of the Plaintiff's trademark registration. The core dispute centered on prior user rights, where the Defendant claimed earlier use of 'DAYAL' in cattle feed compared to the Plaintiff's earliest documented use. However, the Court found that the Defendant's claims were not tenable and did not raise a triable issue, upholding the validity of the Plaintiff's registered mark.
Kei Industries Limited v.M/S Sanayai Hardware & Ors.
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Kei Industries Limited against M/S Sanayai Hardware & Ors. The court granted exemptions from pre-institution mediation and advance service, recognizing the urgent need for protection. Crucially, the court allowed the Plaintiff to proceed with seeking an ad-interim injunction and appointed Local Commissioners to inspect the premises, allowing the Plaintiff to gather evidence of alleged trademark infringement related to 'KEI' and 'HOMECAB-FR'.
Ebc Publishing (P) Ltd & Anr v.Young Global Publications
The Delhi High Court granted an interim injunction favoring EBC Publishing against Young Global Publications regarding the distinctive 'coat pocket' edition of Bare Acts. The court recognized that the plaintiffs' unique trade dress, including specific color combinations and font styles, had become iconic and integral to their brand identity in legal publishing. This protective order immediately restrained the defendant from producing or selling similar editions while the main suit proceeds.
Archian Foods Private Limited v.M/S Balaji Foods And Beverages & Anr.
Archian Foods Private Limited filed suit against M/S Balaji Foods And Beverages & Anr. alleging infringement of its trademarks, copyright, and trade dress related to 'LAHORI ZEERA' non-alcoholic beverages. The plaintiff successfully demonstrated the established goodwill and reputation of its brand. Although the defendants were proceeded ex-parte, the court found their actions not innocent and awarded nominal damages of Rs. 50,000/- to deter further illegal activities.
J. B. Chemicals And Pharmaceuticals Limited v.Mensa Futura Life Sciences Pvt. Ltd.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of J. B. Chemicals And Pharmaceuticals Limited against Mensa Futura Life Sciences Pvt. Ltd., addressing the alleged infringement of the 'ZECUF' trademark. The court recognized the established goodwill and reputation of the Plaintiff's pharmaceutical brand, leading to the appointment of a Local Commissioner. This commissioner is tasked with verifying stock and seizing infringing products, underscoring the judiciary's commitment to protecting registered trademarks in the fast-moving pharma sector.
Largan Precision Co., Ltd v.Honor Device Co., Ltd & Anr.
The Plaintiff filed suit alleging that the Defendants were infringing their Indian Patents (Suit Patents) through the sale and distribution of the Honor 200 series smartphones. The court found a prima facie case of infringement, considering test analyses and tear down reports.
Marc Enterprises Pvt. Ltd. v.Marc Sanitation Pvt. Ltd. & Anr.
The Delhi High Court granted the petition filed by Marc Enterprises Pvt. Ltd., directing the rectification of Trademark Registration No. 5849026 held by Marc Sanitation Pvt. Ltd. The court ordered that the goods and service details in Class 11 be amended to specifically reflect 'Bathroom and Sanitary fittings and accessories,' thereby limiting the scope of the trademark registration. This decision allows the petitioner to achieve a more precise definition of the registered goods, aligning with prior agreements.
M/S Esme Consumers Pvt Ltd v.Rikesh Tiwari Trading As All In One Traders & Anr.
The Delhi High Court granted the plaintiff, M/S Esme Consumers Pvt Ltd, interim relief in its suit against Rikesh Tiwari Trading As All In One Traders. The court recognized the strength of the 'BLUE HEAVEN' brand, noting its long history since 1972 and extensive portfolio of registered trademarks and copyrights across various cosmetic product lines. Crucially, the court directed the defendants to immediately take down listings of impugned products on major e-commerce platforms like Meesho and Amazon, affirming the plaintiff's rights against online infringement.
Novartis Ag & Anr. v.Novarise Pharmachem Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Novartis against Novarise Pharmachem Private Limited, addressing a trademark infringement dispute. The court found that the Plaintiffs had established a prima facie case regarding their registered trade mark 'NOVARTIS,' noting its extensive use and high goodwill in the pharmaceutical sector. Given the likelihood of consumer confusion between 'NOVARTIS' and 'NOVARISE,' the court restrained the defendant from manufacturing or selling products under the impugned mark until further hearing.
Titan Company Limited v.M/S Bihani Jewellers & Anr.
Titan Company Limited filed a suit against M/S Bihani Jewellers & Anr., alleging infringement of its registered trademarks, copyrighted images, and registered designs associated with the 'Tanishq' brand. The Plaintiff claimed that the Defendants were using these proprietary assets on their website and social media to sell jewellery products. After considering the submissions, including an undertaking from the Defendants, the court decreed the suit.
Pstgems Private Limited v.Active Ayurvedic Life Private Limited & Ors.
The Delhi High Court granted the plaintiff, Pstgems Private Limited, an ex parte ad-interim injunction in a suit alleging infringement and passing off related to its trademark 'BRAMPIUM' and associated copyrights. The court recognized the urgency of the matter concerning counterfeit products and ordered the appointment of a Local Commissioner. This commissioner is tasked with accessing Defendant No. 1's premises, reviewing CCTV footage, and examining account books and stock registers to gather evidence of infringement.
Hero Motocorp Limited v.Tarbolin Lubricants Private Limited & Ors.
The Delhi High Court granted interim relief to Hero Motocorp Limited in its suit against Tarbolin Lubricants Private Limited. The court allowed the plaintiff's application under Order XXXIX Rules 1 and 2 CPC, leading to the appointment of a Local Commissioner. This commissioner is tasked with inspecting and ascertaining the value of infringing products bearing similar designs and trade-dress of Hero Engine Oil, allowing for their seizure on Superdari. This order reinforces the court's willingness to grant immediate protective measures against alleged design and trademark infringement.
Glaxosmithkline Pharmaceuticals Limited v.Chembott Chemicals And Pharmaceutical Private Limited and Anr
The Delhi High Court granted an ad-interim injunction in favor of Glaxosmithkline Pharmaceuticals against Chembott Chemicals. The court found that the plaintiff had made out a strong prima facie case regarding the infringement of its registered trademark, 'COBADEX', by the defendants' mark, 'COZIDEX'. Given the nature of pharmaceutical products and the potential for irreparable harm to both parties and the public, the injunction was granted immediately until the next hearing date.
Jyothy Labs Limited v.Gautam Kumar & Anr.
Jyothy Labs Limited successfully secured an interim injunction against Gautam Kumar & Anr. in the Delhi High Court, addressing alleged infringement of its flagship 'MAXO' brand mosquito repellent product. The court recognized that the defendants were manufacturing and selling spying cameras embedded within or bearing deceptively similar marks to the plaintiff's registered products. Consequently, the Defendants were restrained from dealing in these infringing goods and ordered to remove all related listings and advertisements from major e-commerce platforms like Amazon and Flipkart.
Calvin Klein Trademark Trust v.Ashok Kumar (Unkown)
The Delhi High Court granted several interim reliefs in favor of Calvin Klein Trademark Trust against Ashok Kumar. The court allowed the plaintiff to file additional documents and exempted them from pre-institution mediation due to the urgent nature of the matter. Crucially, the court ordered a local commission to be conducted to inspect and inventory all infringing products bearing deceptively similar marks, thereby strengthening the plaintiff's case for permanent injunction.
Pstgems Private Limited v.M/S Sonu Motor & Ors.
The Delhi High Court granted interim relief to Pstgems Private Limited in its suit against M/S Sonu Motor & Ors. The court allowed the plaintiff, a health tech company selling nutraceutical products, to proceed with urgent measures despite seeking exemptions from pre-institution mediation and advance service. Crucially, the court appointed Local Commissioners to conduct an inventory of the alleged infringing goods and packaging materials, paving the way for immediate enforcement against suspected trademark and copyright infringement.
Cipla Limited v.Union Of India Through Department Of Promotion Of Industry And Internal Trade & Anr
The Delhi High Court ruled in favor of Cipla Limited, directing the Trademark Registry to allow the renewal of its 'TRIEXER' trademark. The core finding was that the Registry failed to serve the mandatory statutory 'O3 notice' required under the Trade Marks Act, 1999. Despite the trademark having lapsed and the petitioner failing to file timely renewals, the court emphasized this procedural lapse by the Respondent, granting Cipla a chance to regularize its mark.
YC Electric Vehicle v.Nipun Sanyantra Private Limited
The Delhi High Court granted an ad-interim injunction in favor of YC Electric Vehicle against Nipun Sanyantra Private Limited. The court recognized that the Plaintiff holds rights over its trademarks ('YATRI', 'YC'), copyrights, and design registrations related to electric vehicles. Consequently, the Defendant was restrained from using any deceptively similar marks for manufacturing or selling e-rickshaws and was directed to immediately take down all infringing product listings from social media platforms.
Bikaner Sweets Corner v.Balaji Corner & Ors.
The Delhi High Court granted an interim injunction in favor of Bikaner Sweets Corner against Balaji Corner & Ors. The court found that the Defendants' adoption of the identical mark 'BIKANER SWEET CORNER' constituted potential infringement and passing off, given the proximity of the outlets and similarity of goods. Furthermore, the Defendants were immediately directed to cease using the impugned signboards and packaging within one week.
Maschio Gaspardo S.P.A. v.Maschio Crop Protection Llp
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Maschio Gaspardo S.P.A. against Maschio Crop Protection Llp, halting the latter's use of the 'MASCHIO' mark and similar variants. The court found that the Plaintiff had established a prima facie case regarding trademark infringement and passing off, given its global reputation and registered rights since 1998. This interim relief is crucial for protecting the brand while the main suit proceeds.
Hero Investcorp Private Limited & Anr. v.M/S Limra Auto Connect
The Delhi High Court granted an ad-interim injunction in favor of Hero Investcorp Private Limited, affirming the strength of its trademark rights over 'HERO' across various products. The court also allowed the plaintiffs to proceed without mandatory pre-litigation mediation and exempted them from serving advance notice on the defendant, M/S Limra Auto Connect. Furthermore, a Local Commissioner was appointed to conduct an inventory of alleged infringing goods, including packaging materials, ensuring the preservation of evidence in this ongoing intellectual property dispute.
Glaxo Group Limited v.Aubade Healthcare Private Limited
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Glaxo Group Limited against Aubade Healthcare Private Limited regarding trademark infringement and passing off. The court found that the Plaintiff had made out a prima facie case, demonstrating a balance of convenience, and noting the likelihood of irreparable harm if the Defendants were not restrained from using similar marks to 'ZENTEL.' This interim order is crucial for protecting the Plaintiff's brand integrity while the main suit proceeds.
Western Digital Technologies Inc. v.M/S. Krystaa Infosystems Private Limited
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Western Digital Technologies Inc. against M/S. Krystaa Infosystems Private Limited. The court found prima facie evidence that the defendant was selling manipulated and refurbished HDDs bearing the Plaintiff's trademarks, thereby infringing on their brand rights and engaging in passing off. This interim relief prevents the defendant from further tampering with or commercially dealing in the branded products until the final hearing.
Bombay Dyeing And Manufacturing Company Limited v.John Doe & Ors.
The Delhi High Court allowed the Plaintiff, Bombay Dyeing, to implead two new entities, M/s Ooak Association and M/s Urban Stuff Retail, as defendants in a trademark infringement suit. The court found that these newly identified parties were organizers of an exhibition where counterfeit 'BOMBAY DYEING' bed linens were being sold. Furthermore, the Court granted exemption from advance service to several existing defendants, facilitating the continuation of the injunction proceedings against the infringing products.
Kaira District Cooperative Milk Producers Union Ltd. v.The Registrar of Trade Marks & Anr.
The Delhi High Court allowed an appeal filed by Kaira District Cooperative Milk Producers Union Ltd. against the dismissal of its trademark opposition. The court found that the original rejection was based on a factual error, as the Appellant had actually received the notice for filing evidence via email on September 15, 2024, not the date mentioned in the letter. Consequently, the High Court set aside the impugned order and directed the Registrar to hear and decide the opposition within two months, while also directing the registry to update the status of the trademark application.
Hilton Worldwide Manage Limited And Anr v.Hilton Holidays And Resorts Private Limited
The Delhi High Court granted an interim injunction in favor of Hilton Worldwide Manage Limited against Hilton Holidays And Resorts Private Limited. The court found a prima facie case for trademark infringement and passing off, noting that the defendant's use of 'HILTON HOLIDAYS AND RESORTS PRIVATE LIMITED' and associated testimonials led customers to believe there was a direct connection with the plaintiff's established brand. Furthermore, the court exempted the plaintiffs from mandatory pre-litigation mediation due to the urgency of the matter.
Mebigo Labs Private Limited v.Greenhorn Wellness Private Limited & Ors.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Mebigo Labs Private Limited against Greenhorn Wellness Private Limited and others. The court found a prima facie case of copyright infringement, passing off, unfair competition, and trademark dilution by the defendant's use of similar branding ('Story TV'). Furthermore, the court directed Meta Platforms (Defendant No. 2) to suspend specific infringing advertisements on Facebook and Instagram, protecting Mebigo Labs' digital content platform 'KUKU FM'.
Red Bull Ag v.M/S Bhavnagari Herbal Pharmacy & Ors.
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Red Bull Ag against M/S Bhavnagari Herbal Pharmacy & Ors. The court granted an urgent ex-parte ad-interim injunction and appointed a Local Commissioner to inspect, photograph, and potentially seize infringing goods from the defendants' premises. This decisive step allows the plaintiff to secure evidence of ongoing trademark misuse while the main suit proceeds.
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