Plaintiff Favorable
796 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
796 cases | Page 8 of 27
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.
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.
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.
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.
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.
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.
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.
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.
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.
Gujarat Co-Operative Milk Marketing Federation Ltd. v.Sarda Dairy & Food Products Limited
The Delhi High Court decreed the trademark infringement suit filed by Gujarat Co-Operative Milk Marketing Federation Ltd. (Amul) against Sarda Dairy & Food Products Limited. The judgment was reached after both parties entered into a comprehensive settlement agreement. Defendant No. 1 acknowledged that the plaintiff's trademarks and trade dress were valid, and undertook to cease all use of similar marks/labels. Consequently, the court upheld the terms of this settlement, granting relief to Amul.
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.
M/S G.K. Tobacco Industries Pvt. Ltd. v.M/S Aum Universal Inc. & Anr.
The Delhi High Court allowed M/S G.K. Tobacco Industries Pvt. Ltd.'s application seeking permission to introduce crucial new evidence into the ongoing trademark dispute. The plaintiff sought to file the official trademark registration certificate and status, which was granted after the initial opposition filed by the defendants was rejected. This ruling allows the plaintiff to strengthen its case for rectification in the suit.
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.
Fdc Limited v.Zaventis Healthcare Private Limited
The Delhi High Court granted an interim injunction in favor of Fdc Limited against Zaventis Healthcare Private Limited. The plaintiff successfully argued that the defendant's adoption of the mark 'ZIFISAFE' for identical pharmaceutical products constitutes a blatant attempt to capitalize on the established reputation and goodwill of the plaintiff's registered trademark, 'ZIFI'. Citing prima facie evidence and irreparable harm, the court restrained the defendant from using the infringing mark until the final hearing.
Mars Incorporated v.Rf Limited And Ors.
The Delhi High Court decreed the suit filed by Mars Incorporated against Rf Limited And Ors. following a comprehensive settlement between the parties. The dispute centered on the alleged infringement and passing off related to the distinctive packaging, trade dress, and branding of Mars' PEDIGREE pet food line. Under the terms of the settlement, the defendants acknowledged Mars' proprietary rights and agreed to cease manufacturing or marketing pet foods using an identical trade dress or get-up for their 'PETYUM' brand.
Primestack Pte. Ltd And Anr. v.John Doe And Others
The Delhi High Court granted an ad-interim injunction in favor of Primestack Pte. Ltd against John Doe and others regarding the infringement of its registered trademark 'CoinDCX'. The court found that the plaintiffs had made out a prima facie case, irreparable loss was likely, and the balance of convenience favored granting relief. The order specifically restrained unauthorized use of the trademarks and directed various defendants to suspend operations of associated accounts, domains, and phone numbers.
Ht Media Limited & Anr. v.Hindustan Live News & Ors.
The Delhi High Court granted a temporary injunction in favor of Ht Media Limited against Hindustan Live News, finding a prima facie case of trademark infringement, passing off, and unfair competition. The court restrained the defendant from using identical or deceptively similar marks like 'HINDUSTAN LIVE NEWS' and directed Meta Platforms Inc. (Facebook/Instagram) and Google LLC (YouTube) to immediately remove infringing content. This ruling underscores the judiciary's willingness to protect established brand goodwill in the digital media space.
Hell Energy Magyarorszag Kft v.M/S Real 100 Agro India Private Limited & Ors.
The Delhi High Court issued a significant interim order in the trademark and copyright infringement suit filed by Hell Energy Magyarorszag Kft against M/S Real 100 Agro India Private Limited. The court granted permanent injunctions and authorized the immediate seizure of goods bearing deceptively similar marks at the defendants' premises. Furthermore, it appointed Local Commissioners to inspect inventory and books of accounts related to the alleged infringement, providing strong protection for Hell Energy's brand in the Indian market.
Anupam Saxena v.Shiv Verma Trading As Marksons Herbal Life & Ors.
The Delhi High Court granted an interim injunction in favor of Anupam Saxena against Shiv Verma Trading As Marksons Herbal Life & Ors. The court found that the plaintiff's brand 'ADIBASI Hair Oil,' along with its distinctive trade dress and packaging, constitutes a valid registered trademark and original artistic work under copyright law. Consequently, the defendants were restrained from manufacturing or selling products deceptively similar to ADIBASI until the final hearing, protecting the plaintiff's market reputation.
Scrum Alliance, Inc. v.M/S Henry Harvin India Education Inc. & Ors.
The Delhi High Court granted an interim injunction in favor of Scrum Alliance, Inc. against M/S Henry Harvin India Education Inc. and others. The court found a prima facie case that the defendants were deceptively adopting trademarks like 'CSM' and 'Certified Scrum Master' for education services, misleading the public into believing they were affiliated with the plaintiff. Consequently, the defendants were immediately restrained from using these confusingly similar marks until the final hearing.
Dr. Reddys Laboratories Limited v.Zentech Pharmaceuticals And Anr.
The Delhi High Court granted an interim injunction in favor of Dr. Reddys Laboratories Limited against Zentech Pharmaceuticals And Anr. The court found a prima facie case for infringement and passing off, noting that the defendant adopted a phonetically similar trademark (ZEEDUX) and copied the entire trade dress and color scheme of the plaintiff's well-known brand (ZEDEX). This order temporarily restrains the defendants from manufacturing or using the infringing product while the main suit proceeds.
Hero Motocorp Limited v.Mr. Vishal Chhatwani
Hero Motocorp Limited filed a suit against Mr. Vishal Chhatwani alleging infringement across multiple IP domains, including trademark, design, and copyright, related to industrial oils and lubricants. The parties successfully entered into mediation, leading to a comprehensive settlement agreement dated July 9, 2024. The court subsequently decreed the suit in favor of Hero Motocorp Limited based on the terms of this settlement, which included an acknowledgment of IP ownership and payment of ₹ 4,00,000/- by the defendants.
Khadi & Village Industries Commission v.Ms. Aparna Mallick And Anr.
The Delhi High Court ruled in favor of the Khadi & Village Industries Commission, granting a permanent injunction against Ms. Aparna Mallick and others for trademark infringement and passing off. The court found that the defendant's use of 'KHADISAREE' was deceptively similar to the plaintiff's well-known mark 'KHADI'. Furthermore, the Court ordered the transfer of the infringing domain name and awarded substantial damages and costs against the defendant due to their non-cooperation.
Shree Ghantakaran Pipes Pvt Ltd & Anr. v.Pawan Kumar
The Delhi High Court decreed a trademark infringement suit filed by Shree Ghantakaran Pipes Pvt Ltd against Pawan Kumar. The dispute centered on the registered trademark 'MONICA GOLD'. Following successful mediation, the parties executed a settlement agreement which the court upheld. Under the terms, the defendant committed to cease all use of the protected mark and any deceptively similar marks, effectively resolving the litigation in favor of the plaintiffs.
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