Delhi High Court
1664 cases · page 46 of 56
Showing 1351–1379M/S DCM SHRIRAM CONSOLIDATED LIMITED v.M/S SHRI LAXAMI TRADER AND ORS.
The Delhi High Court granted continuance and made absolute the interim injunctions sought by DCM Shriram Consolidated Limited against various traders. The suit involved allegations of trademark infringement and passing off concerning the 'SHRIRAM' brand used on Plaster of Paris (PoP) products. The court found that the defendants' use of a confusingly similar mark was dishonest, noting the significant market reputation and extensive advertising efforts of the plaintiff. This decision strongly protects established trademarks against deceptive trade practices.
Rhizome Distilleries P. Ltd & Durga Liquors India (P) Ltd v.Pernod Ricard S.A. France
The Delhi High Court addressed disputes over trademark infringement and passing off in the alcoholic beverage industry. The court examined claims by Pernod Ricard regarding its brands like Imperial Blue and Royal Stag against Rhizome Distilleries' Imperial Gold. While acknowledging the similarity of the word 'Imperial,' the court found that the widespread use of this term in the alcohol sector prevented a finding of exclusive right or secondary meaning for the plaintiff. Consequently, the appeal was allowed, setting aside the injunction but mandating specific changes to the defendant's trade dress and packaging.
M/S Wheels India v.S.Nirmal Singh & Another
The Delhi High Court addressed an application seeking the vacation of an ex parte injunction granted in a trademark infringement suit involving the mark 'PRINCE'. The court found that the initial injunction was not warranted due to the lack of full disclosure of facts by the plaintiff. Consequently, the interim orders were vacated, but the defendant was directed to maintain and file quarterly accounts of profits earned under the disputed trademark, alongside publishing public notices to clarify the goods' origin.
M/S. Kunj Aluminium Private Ltd v.M/S. Koninklijke Philips Electronics NV
The Delhi High Court dismissed the writ petition filed by Kunj Aluminium Private Ltd, upholding the cancellation of its 'Philips' trademark registration for non-electrical pressure cookers. The court emphasized that due to Philips' globally recognized goodwill and reputation for quality, allowing the petitioner to use the mark would cause public deception and dilute the established brand equity. This ruling reinforces the principle that well-known marks receive broad protection even when used on dissimilar goods.
Dabur India Ltd. v.Sh. Ashok Aushadhi Udyog
Dabur India Ltd. filed a suit against Sh. Ashok Aushadhi Udyog alleging that the latter had adopted deceptively similar labels for ayurvedic tonics, specifically Dashmularishta and Ashokarishta. Dabur claimed ownership of copyright in the artistic work comprising these distinctive product labels. The court found sufficient evidence to establish Dabur's proprietary rights and ruled that the defendant's use constituted infringement. Consequently, the suit was decreed with permanent injunctions and punitive damages awarded.
Arun Colour Chem & Ors. v.Mithumal Essance Mart & Anr
The Delhi High Court stayed a complex infringement suit involving trademark and copyright claims related to the 'SUN BRAND' food colour label. The core issue revolved around conflicting registrations, as the Defendant held valid marks that challenged the Plaintiff's claim. Given that both the trademark and copyright validity were subject to ongoing rectification proceedings, the court deemed it prudent to halt the litigation until those foundational issues were resolved.
M/S Surya Food & Agro Ltd. v.M/S Priya Gold Tea Company & Ors.
The Delhi High Court ruled in favor of M/S Surya Food & Agro Ltd., granting a permanent injunction against M/S Priya Gold Tea Company for trademark infringement and passing off. The court found that the defendant was dishonestly adopting the plaintiff's well-established mark 'PRIYAGOLD' and its slogan, causing consumer confusion. While the plaintiff succeeded in securing the injunction, the claim for damages was dismissed due to a lack of cogent evidence regarding the actual losses suffered.
M/S Alkem Laboratories Ltd. v.Mega International (P) Ltd.
The Delhi High Court dismissed M/S Alkem Laboratories Ltd.'s appeal against a judgment that rejected its claim of passing off regarding the trademark 'GEMCAL'. The court found insufficient evidence to establish Alkem as the proprietor or prior user, noting that both parties were concurrent users. Furthermore, the court observed no instances of consumer confusion and noted significant differences in sales figures, concluding that Alkem's claims were unsubstantiated.
M/s Lachhman Das Behari Lal v.Ghanshyam Das Jetha Nand & Ors.
The Delhi High Court addressed applications filed by the defendants seeking to set aside an ex parte decree passed against them in a suit involving trademark, copyright, and passing off claims. While acknowledging the procedural issues raised by the defendants regarding lack of personal service, the court found that the matter required further evidence to determine if there was sufficient cause for setting aside the decree or condoning the delay. Consequently, the court framed specific issues and directed both parties to file their lists of witnesses and evidence.
Agc Flat Glass Europe Sa v.Anand Mahajan And Ors.
The plaintiff, claiming global leadership in glass technologies, filed an application seeking to amend Claim 1 of Indian Patent No. 190380 concerning copper-free mirrors (MNGE). The defendants objected, arguing the amendment added new matter and was an attempt to evade patent revocation. The court allowed the amendment, finding it merely clarificatory.
Strix Limited v.Maharaja Appliances Limited
Strix Limited filed an application seeking an ad-interim injunction against Maharaja Appliances Limited for allegedly infringing Strix’s patented invention related to 'Liquid Heating Vessels'. The patent covers a thermally sensitive overheat control used in kettles. The court found that the Defendant was infringing the validly granted patent and granted the interim injunction.
Alberto-Culver Usa Inc. v.Nexus Health & Home Care (P) Ltd.
The Delhi High Court addressed the plaintiff's application for an interim injunction against alleged trademark infringement by Nexus Health & Home Care (P) Ltd. The court found a need to strike an equitable balance, issuing a mixed order. While restraining the defendant from using the infringing mark 'Nexxus' in relation to the goods covered by the plaintiff's trademarks, the court allowed the defendant to continue operating under its corporate name in specific states until the final disposal of the suit.
Cadila Healthcare Ltd. v.Gujarat Co-Operative Milk Marketing Federation Ltd. & Ors.
The Delhi High Court dismissed Cadila Healthcare Ltd.'s appeal against an injunction sought to protect its 'Sugar Free' trademark. The court upheld the lower court's decision, emphasizing that 'Sugar Free' is inherently descriptive and has become publicis juris in the food industry. While acknowledging a potential risk of consumer confusion regarding ingredients, the court found that the existing restriction on font size was adequate to prevent misrepresentation at this interim stage.
M/S Bright Electricals v.Mr. Ramesh Kumar Patel
The Delhi High Court allowed M/S Bright Electricals' application to amend its plaint in a trademark infringement suit. The plaintiff sought to correct an inadvertent mistake regarding the date of use for their 'GOLD MEDAL LABEL' trademark, changing the claimed start date from 1987 to 1979-80. Citing Supreme Court precedents emphasizing that amendments should be allowed liberally to avoid multiplicity of litigation and ensure justice, the court permitted the correction, noting that no serious prejudice would be caused to the defendants.
Chemtura Corporation v.Union Of India & Ors.
Chemtura Corporation filed an application seeking to continue an ad-interim ex parte injunction restraining defendants from infringing its patent on a side bearing pad assembly. The court examined the prima facie case and the balance of convenience, ultimately finding that the balance favored the defendants.
krbl limited v.ramesh bansal
M/S. Krbl Limited (Krbl) sued Ramesh Bansal for trademark infringement and passing off, alleging that Bansal was soliciting trade and intending to use the 'INDIA GATE' mark (with device) on iodized salt, a product category where Krbl has established significant goodwill and reputation in relation to Basmati rice.
Bayer Corporation v.Union of India
Bayer Corporation, holding a patent for the drug Sorafenib tosylate, challenged the licensing process of its competitor, Cipla, arguing that Cipla's application for 'Soranib' constituted an infringement. Bayer contended that granting the license would violate Section 48 of the Patents Act and contravene the definition of a 'spurious drug' under the Drugs and Cosmetics Act. The Delhi High Court ultimately dismissed the writ petition, holding that unpatented drugs cannot be deemed 'spurious drugs,' thereby upholding the procedural integrity of the licensing process.
Reckitt Benckiser (India) Ltd v.Wyeth Limited
The dispute concerned an interim injunction sought by Reckitt Benckiser against Wyeth Limited for alleged infringement of their registered design for a 'perfect touch' spatula used with Veet hair removal cream. The court examined whether the design was novel, finding prima facie evidence that the design had been published abroad prior to its Indian registration date.
Reckitt Benckiser (India) Ltd v.Wyeth Limited
The suit concerned the infringement of Reckitt Benckiser's registered design for an S-shaped spatula used with its Veet hair removal cream. The defendant challenged the validity of this registration, arguing that the design was published abroad prior to the Indian filing date. The court found prima facie evidence that the design had been publicly available before 05.12.2003.
Mahesh Gupta & Anr. v.Tej Singh Yadav & Anr.
The plaintiffs, who developed the 'Mineral RO' water purifier technology under Patent No. 199716 and marketed it under the brand KENT Mineral RO, filed a suit against the defendants for infringing their patent, copyright, and goodwill. The court found that the defendant's product fully adopted and copied the patented technology, leading to a settlement where the defendants agreed to pay damages and cease infringement.
B.Barun Melsungen Ag v.Mr.Mohinder Paul
Plaintiffs filed a suit seeking permanent injunction against defendants, alleging that the defendant's product, MEDIFLON SAFETY, infringed on their Patent No. 210062 for an IV catheter assembly with a safety guard. The court examined the claims of both parties and found that the plaintiff's invention lacked inventive step and there was no prima facie case of infringement.
Goenka Institute Of Education & Research v.Anjani Kumar Goenka & Anr.
The Delhi High Court addressed a dispute over the exclusive right to use the surname 'Goenka' as a trademark in educational institutions. The court ultimately allowed the appeal filed by the appellant (Goenka Institute), vacating the injunction granted by the Single Judge. While acknowledging the respondents' registered trademark, the court found prima facie grounds for the appellant's continued use of the name, emphasizing that prior use and lack of deceptive similarity were key factors. This decision allows the parties to proceed with a full trial on the merits.
Gufic Pvt. Ltd. v.Clinique Laboratories, Llc
The Delhi High Court stayed a previous injunction that had restrained Gufic Pvt. Ltd. from using the word 'Cliniq' in its trademark, citing issues of deceptive similarity and balance of convenience. The court found substantial differences between the two trademarks ('Clinique' vs. 'Skin Cliniq Stretch Nil'), including price disparity (4-8 times difference), product type (Ayurvedic cream vs. non-Ayurvedic product), and distinct packaging styles. Furthermore, considering Gufic's long operational history since 1998/2001, the court ruled that a running business should not be stopped at this stage.
Microfibers Inc. v.Girdhar & Co. & Anr.
Microfibers Inc. appealed a single judge's decision, arguing that its unique artistic designs used in upholstery fabrics were protected by copyright. The respondents claimed they reflected these designs. The court examined the interplay between the Copyright and Designs Acts.
Perfetti Van Melle S.P.A. v.Shankarlal Dhingra
Perfetti Van Melle S.P.A. filed a suit alleging infringement of its copyrighted trade dress and artistic work on its 'Center Fresh' chewing gum packaging by a competitor using the 'Super Mint' brand. The plaintiff claimed that the defendant's wrapper was deceptively similar, constituting both copyright infringement and passing off. However, the Delhi High Court dismissed the suit, finding no substantial similarity in the art or color scheme between the two wrappers.
F. Hoffmann-La Roche Ltd. v.Cipla Ltd.
F. Hoffmann-La Roche Ltd. (Roche) appealed a decision that denied an interim injunction against Cipla Ltd. regarding the manufacturing and sale of the generic drug Erlocip, which is based on the patented molecule Erlotinib (Tarceva). The plaintiffs claimed patent rights over this cancer treatment. However, the Delhi High Court dismissed the appeal, finding that the defendant had raised credible challenges to both the validity of the patent and the prima facie case for infringement. Crucially, the court emphasized that public interest in greater access to life-saving drugs must outweigh the interest in granting an injunction.
B. Braun Melsungen Ag v.Rishi Baid
B. Braun Melsungen Ag filed a suit seeking an ad interim injunction against Rishi Baid and others, alleging infringement of their registered patent (No. 210062) related to safety I.V. catheters/cannulae. The plaintiffs also claimed misappropriation of trade secrets associated with the product 'VASOFIX® Safety™'. However, the Delhi High Court rejected the injunction application, finding that the plaintiffs failed to establish a prima facie case. The court noted significant doubts regarding the patent's validity due to prior art and procedural irregularities.
Warner Bros. Entertainment Inc. v.Mr. Santosh V.G.
Warner Bros. Entertainment Inc. filed a suit against Mr. Santosh V.G., proprietor of Cinema Paradiso, alleging infringement of their film copyrights. The plaintiffs claimed that the defendant was illegally renting Zone 1 DVDs (intended for US/Canada) in India without proper licensing. The court confirmed the existing ad-interim injunction, recognizing the prima facie case of copyright violation under the Copyright Act, 1957, while reserving final judgment pending evidence regarding ownership claims.
M/s. Gandhi Scientific Company v.Mr. Gulshan Kumar
The Delhi High Court ruled in favor of M/s. Gandhi Scientific Company, upholding an interim injunction against Mr. Gulshan Kumar regarding the use of the 'DIAMOND' trademark and associated copyright. The court found sufficient material on record to establish the Plaintiff's prior user status, even if their initial claims were not fully proven at that stage. This decision reinforces the importance of early registration filings and established business records in defending against passing off claims.
Arihant Jain And Others (Arihant Group) v.Jaininder Jain And Others (Jaininder Group)
The Delhi High Court issued a crucial interim order in a complex family dispute concerning the use of the 'KANGARO' trademark. The court found that the Arihant Group had established a strong prima facie case and international reputation regarding the mark, warranting protection. Consequently, the Jaininder Group was restrained from using 'KANGARO' for specific stationery items covered by key trademarks until the final disposal of the suits.
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