Plaintiff Favorable
624 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
624 cases | Page 6 of 21
Dcm Shriram Limited v.Kohinoor Seed Fields India Private Limited
Dcm Shriram Limited successfully secured an interim injunction against Kohinoor Seed Fields India Private Limited in the Delhi High Court. The court recognized a prima facie case of trademark infringement and passing off, given Dcm Shriram's established brand presence and statutory protection for its 'Shriram Super 303' mark. This crucial order temporarily prevents the defendant from using deceptively similar marks like '303' in relation to wheat seeds, protecting the plaintiff's market reputation during the critical Rabi cropping season.
Verizon Trademark Services Llc & Ors. v.Dr. Neeraj Yadav & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Verizon Trademark Services LLC against Dr. Neeraj Yadav & Anr., finding a prima facie case for trademark infringement and passing off. The court restrained the defendants from using deceptively similar marks like 'VERIEZON' across their hospital, pharmacy, and domain name. This crucial interim order protects Verizon's brand while allowing the parties time to contest the claims.
Kiehberg Gmbh And Anr v.Capital Airgun Manufacturers Private Limited
The Delhi High Court granted an interim injunction in favor of Kiehberg GmbH against Capital Airgun Manufacturers Private Limited. The plaintiffs successfully demonstrated a prima facie case of passing off, arguing that the defendant's use of the identical trademark 'KIEHBERG' for airguns was likely to cause confusion and damage their established goodwill. This crucial order temporarily prevents the defendant from using the disputed mark until the full trial.
Paragon Cable India & Anr. v.Essee Networks Private Limited & Ors.
The Delhi High Court decreed the suit filed by Paragon Cable India against Essee Networks Private Limited, upholding a settlement agreement reached between the parties. The core dispute involved the infringement and passing off related to the trademark 'ELEKTRON'. Crucially, the court directed the Trademark Registry to expeditiously transfer the rights of the 'ELEKTRON' mark into the name of the plaintiffs, formalizing the assignment made by the defendants.
Louis Vuitton Malletier v.Ashok Kumar & Ors.
The Delhi High Court granted an ad-interim ex parte injunction in favor of Louis Vuitton Malletier against the defendants. The court found that the plaintiff, a well-known luxury brand, had made out a prima facie case for infringement of its registered trademark 'LV' and associated copyrights. This interim order immediately restrains the defendants from manufacturing or selling products featuring marks identical or deceptively similar to LV, pending further proceedings.
Headout Inc. v.Ashok Kumar / John Doe And Ors.
Headout Inc. successfully secured an interim injunction against the defendants in the Delhi High Court, addressing claims of trademark infringement and passing off. The court granted a permanent injunction restraining the use of confusingly similar marks related to travel services. Furthermore, specific mandatory directions were issued compelling the defendants to immediately take down, block, and suspend all infringing websites, domain names, and social media profiles.
Gujarat Co-Operative Milk Marketing Federation Ltd & Anr. v.Terre Primitive & Ors.
The Delhi High Court addressed a trademark infringement suit filed by the Gujarat Co-Operative Milk Marketing Federation (AMUL) against Terre Primitive. The court found that the defendant's use of 'Amuleti' was identical and deceptively similar to AMUL's well-known mark, leading to potential consumer confusion. Consequently, the court granted interim relief, directing the defendant to cease using the infringing marks, take down products from their website, surrender materials for destruction, and block specific social media URLs.
Sagar Ratna Restaurants Pvt Ltd v.Shree Shubh Rathnam Associates And Ors
In an amicable settlement reached before the Delhi High Court, Sagar Ratna Restaurants Pvt Ltd secured a decree against Shree Shubh Rathnam Associates. The parties agreed that the defendants would transition their seven existing 'Sagar Express' outlets into franchisees under Sagar Ratna's brand. Crucially, the defendants committed to surrendering the 'Sagar Express' trademark and agreeing not to use any similar names in the future, effectively resolving long-standing trademark infringement disputes.
Sanjay Kumar v.Rattan Lal Garg & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Sanjay Kumar, who holds the registered trademark 'CHAND' for mustard oil. The court found that the defendants were deceptively using the mark 'R.L. CHAND' on identical products and packaging, causing potential confusion among consumers. This preliminary order restrains the defendants from continuing to use the infringing mark until the full trial.
The Motor And General Finance Limited v.A.S. Enterprises, Partnership Firm
The Delhi High Court granted an interim injunction in favor of The Motor And General Finance Limited against A.S. Enterprises, Partnership Firm regarding trademark infringement. The court found that the defendant's use of 'MGF INDIA' was phonetically and deceptively similar to the plaintiff's established trademark 'MGF'. Given the prima facie case for infringement and the risk of irreparable loss, the court restrained the defendant from using the infringing marks until the final hearing.
Ashok Kumar Gupta & Anr. v.Ms. Sunita Devi & Anr.
The Delhi High Court allowed a suit and a rectification petition following a successful mediation process between the parties. The petitioner, Ashok Kumar Gupta & Anr., successfully secured a decree against Ms. Sunita Devi & Anr. based on a settlement agreement dated May 22, 2024. Crucially, the respondent was directed to withdraw their trademark 'RAKARNI GYPSUM' (Registration No. 3618245) and undertake not to commit any acts of infringement or passing off related to similar marks in Class 19.
M.K. Srinivasan And Another v.Chemsol India And Another
The Delhi High Court granted an interim injunction in favor of M.K. Srinivasan And Another against Chemsol India And Another, finding a prima facie case of trademark infringement. The court recognized that the plaintiffs possess significant goodwill associated with their 'TAURUS' trademarks used for testing and measurement instruments. Consequently, the defendants were immediately restrained from using the infringing marks until the final hearing.
Malpani Enterprises v.Registrar Of Trade Marks
The Delhi High Court ruled in favor of Malpani Enterprises, directing the Registrar of Trade Marks to accept and proceed with its Notice of Opposition. The core issue was a technical glitch in the online filing portal which prevented the petitioner from meeting the deadline. Given that the respondent admitted the statutory period had not lapsed, the court held that a party should not suffer due to administrative or technical failures, thereby setting aside the rejection letter.
Panasonic Holdings Corporation v.Lumix Domestic Appliances Private Limited
The Delhi High Court allowed Panasonic Holdings Corporation's appeal and rectification petition against Lumix Domestic Appliances Private Limited. This decision was reached following a settlement between the parties, which stipulated that Lumix would not object to Panasonic's trademark application for 'LUMIX'. Consequently, the court set aside the Registrar of Trademarks' previous refusal, allowing Panasonic's trademark registration and directing the limitation of goods in Lumix's existing registration.
Merck Kgaa v.Bharat Patel
Merck Kgaa successfully secured an ex parte ad interim injunction against Bharat Patel in the Delhi High Court. The court found that Merck's trademark 'MERCK' is well-known and granted immediate relief, preventing the defendant from using any confusingly similar marks or names. This ruling underscores the strong protection afforded to established, globally recognized trademarks under Indian law.
Sanjay Mehra v.Jagdish Choudhary
The Delhi High Court granted an interim injunction in favor of Sanjay Mehra, proprietor of the trademark 'SUPERON', against Jagdish Choudhary. The court found that the defendant was dishonestly adopting an identical mark for allied goods, thereby infringing upon the plaintiff's established goodwill and reputation. This protective order prevents the defendant from using the disputed marks until the final hearing.
YC Electric Vehicles v.Saksham Trading Company
YC Electric Vehicles successfully concluded its trademark and design infringement suit against Saksham Trading Company through an amicable settlement. The court decreed the suit, formalizing the defendant's admission that YC is the sole owner of the 'YATRI' and 'YC' trademarks, as well as specific E-Rickshaw designs. The settlement also included a payment of ₹50,000 to the plaintiff, providing a definitive resolution to the dispute.
Wow Momo Foods Private Limited v.Wow Punjabi
The Delhi High Court disposed of a trademark infringement suit (CS(COMM) 253/2024) between Wow Momo Foods Private Limited and Wow Punjabi. The case, which sought permanent injunctions against passing off and unfair trade practices, was settled amicably by both parties. The court decreed the suit in favor of Wow Momo, based on the settlement terms, wherein Wow Punjabi acknowledged Wow Momo's exclusive ownership of the 'WOW' trademark and agreed to cease all use of similar marks.
Reckitt & Colman (Overseas) Hygiene Home Limited v.Ashok Kumar(S)/ John Doe(S)
In a major infringement suit concerning hygiene products, the Delhi High Court granted several procedural reliefs favoring the plaintiffs, Reckitt & Colman. The court allowed the plaintiffs to implead Ashok Kumar and John Doe as defendants and sanctioned an extensive local commission to investigate counterfeiting activities related to brands like HARPIC and LIZOL. Furthermore, the court provided exemptions from pre-institution mediation and advance service, paving the way for swift enforcement of their claims regarding trademark, copyright, design, and passing off infringement.
M/S Shree Vallabh Metals v.Pappu Farishta Sole Proprietor Of M/S Pappu Farishta
The Delhi High Court ruled in favor of M/S Shree Vallabh Metals against Pappu Farishta Sole Proprietor Of M/S Pappu Farishta, granting a permanent injunction. The court found that the defendant's actions constituted trademark infringement and passing off concerning the plaintiff's 'MAXFRESH' brand across various household goods categories. While dismissing an application to add another party, the court proceeded with the suit, decreeing the specific relief sought by the plaintiff regarding the use of their protected marks.
Astrazeneca Ab v.Everest Pharmaceuticals Limited
Astrazeneca filed a suit seeking permanent injunction against Everest Pharmaceuticals for infringing its patent IN 297581, which covers the compound Osimertinib. The court found that the plaintiffs made out a prima facie case and granted an ad interim ex-parte injunction restraining the defendants from manufacturing or selling the infringing product until further hearing.
Havells India Limited v.Hetram Sharma & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Havells India Limited against Hetram Sharma & Ors. regarding the unauthorized use of its registered trademark 'REO'. The court found that the defendants' adoption of similar marks ('R3 REO 3X') was intended to ride upon the plaintiff's established goodwill and reputation in the electrical goods market. Furthermore, the court permitted a local commission to search the defendant's premises and seize infringing materials.
Himalaya Wellness Company And Ors v.Vlado Sky Enterprise Private Limited
The Delhi High Court granted an interim injunction in favor of Himalaya Wellness Company against Vlado Sky Enterprise Private Limited regarding trademark infringement. The court found a prima facie case for passing off, noting that the plaintiffs have established significant goodwill with their 'HIMALAYA' brand since 1930. Consequently, the defendant was restrained from manufacturing or selling products under the deceptively similar mark 'HIMALAYAN ORGANICS', though they were allowed three months to exhaust existing stock.
Himalaya Global Holdings Ltd & Anr. v.Ms Ab Allcare Herbal & Ors.
The Delhi High Court granted crucial interim relief in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Ms Ab Allcare Herbal & Ors. The court allowed the plaintiffs to proceed with seizing alleged infringing products using Local Commissioners. Furthermore, it permitted the commissioners to inspect defendants' books of accounts and stock registers related to the disputed goods. This order significantly advances the plaintiff's case for permanent injunction regarding the 'Liv.52' trademark and Himalaya's distinctive trade dress.
Madapes Limited v.Madapes Promo Private Limited & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Madapes Limited against the defendants. The court recognized that the plaintiff's marks ('MADAPES', 'MAD APES') were being used deceptively by the respondents, leading to claims of passing off and copyright infringement over logos and content. Furthermore, the court directed specific actions, including blocking fraudulent Telegram accounts and taking down an incorrectly registered website, to protect the plaintiff's brand integrity.
Sun Pharma Laboratories Ltd v.Resolute Healthcare & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Sun Pharma Laboratories Ltd against Resolute Healthcare & Ors. The court found that the defendant's mark, 'TRYGABA', is deceptively similar to the plaintiff's registered trademark, 'TRIGABANTIN'. Given that both products treat neuropathic pain and the similarity was intentional (truncation), the court restrained the defendants from manufacturing or selling the infringing product until further notice. The injunction allows the defendants a grace period of three months to exhaust their current stock.
Utracon Corporation Pte Ltd v.Ucon Pt Structural System Private Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Utracon Corporation Pte Ltd against its former licensee, Ucon Pt Structural System Private Limited, and associated entities. The court found a prima facie case for trademark infringement and passing off, noting that the defendants continued to use the plaintiff's registered 'UTRACON' marks after the license expired. Furthermore, the court directed the blocking of the infringing domain name www.utraconindia.com, securing immediate protection for the plaintiff's brand.
Play Games 24X7 Private Limited v.Www10Xbettcom & Ors.
The Delhi High Court allowed the plaintiff's application to implead additional infringing websites, domains, and their registrars in a suit concerning trademark infringement. Furthermore, the court extended the existing ad-interim injunction to these newly added defendants. The order imposes strict restraints on the new parties, prohibiting them from using the 'MY11CIRCLE' mark or similar names, while also directing domain name registrars to suspend/block infringing domains and disclose subscriber information.
Grm Foodkraft Pvt Ltd And Anr v.Ks Agro Impex And Anr
The Delhi High Court granted an ex-parte ad interim injunction in favor of Grm Foodkraft Pvt Ltd against Ks Agro Impex. The court found that the defendant's use of a nearly identical packaging and mark ('ZARDA SPECIAL') created a significant likelihood of consumer confusion with the plaintiff's 'Zarda King' product. This ruling protects the plaintiff's trade dress, which was deemed both an original trade dress under the Trade Marks Act and an original artistic work under the Copyright Act.
Havells India Ltd v.Hirvijay Industries Llp & Ors
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Havells India Ltd against Hirvijay Industries Llp & Ors regarding the alleged infringement of the registered trademark 'REO'. The court found that the defendant's use of a deceptively similar mark, 'REIO', constituted passing off and dilution. Furthermore, the Court appointed a Local Commissioner to conduct searches at the defendants' premises, seize infringing goods, and inspect relevant financial records.
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