Delhi High Court
1822 cases · page 50 of 61
Showing 1471–1499Asian Electronics Ltd. v.Havells India Limited
Asian Electronics Ltd. filed a suit claiming infringement of its Patent No. 193488, which covers a conversion kit for changing fluorescent lighting units from inductive to electronic operation. Asian alleged that Havells India Limited was manufacturing and selling identical products under the brand Prodigy. The court dismissed the application for temporary injunction due to lack of prima facie merit and failure by the plaintiff to substantiate claims of widespread use.
Chorion Rights Limited. v.M/S Ishan Apparel & Ors
The Delhi High Court dismissed the plaintiff's interim injunction request concerning the trademark NODDY. The court found that the plaintiff failed to provide sufficient objective evidence of prior use and market presence in India, despite claiming worldwide rights. Conversely, the defendants presented evidence of their own long-standing use and registration of the mark for apparel since 1995. Consequently, the court ruled against granting an injunction at this preliminary stage.
Shri Atul Rawal v.M/S S.B. Equipments
The Delhi High Court dismissed the plaintiff's application for an interim injunction in a passing off suit concerning the 'SUPER BRIGHT' detergent brand. The court found that despite the similarity of the marks, the plaintiff was disentitled to immediate relief due to strong evidence suggesting acquiescence. Specifically, the court noted that the plaintiff was aware of the defendant's use and continued to compete with them without taking timely legal action, which strongly suggested consent or tolerance of the usage.
M/S Living Media India Ltd. & Anr v.Asad Patel & Ors
The Delhi High Court ruled in favor of M/S Living Media India Ltd., granting a permanent injunction against the defendants for infringing their registered trademark 'AAJ TAK'. The court found that the defendant's use of 'Khabrein AAJ TAK,' despite the prefix, was deceptively similar and amounted to passing off. While the plaintiffs were successful in securing the injunction, they failed to provide cogent evidence regarding business loss or profits derived by the defendants, meaning no damages were awarded.
Servewell Products Pvt Ltd v.Dolphin
Servewell Products Pvt Ltd filed a suit against Dolphin, alleging infringement of its registered copyrights in artistic works and its registered design for serving trays. Initially, the court granted an interim injunction favoring Servewell based on prima facie evidence of copying. However, upon considering Dolphin's counter-arguments regarding the novelty and public disclosure of the design, the court found that Dolphin had a reasonably arguable case to challenge the registration. Consequently, both the injunction related to the artistic works and the design was vacated.
M/S Phonographic Performance Ltd. v.M/S Radio Mid Day (West) India Ltd.
The Appellant (PPL), a non-profit organization administering broadcasting rights, challenged orders passed by the Copyright Board regarding compulsory licensing fees payable by the Respondent (Radio Mid Day). The appeal primarily focused on procedural grievances related to evidence and documentation before the Board. The High Court upheld the preliminary objection that the appeal was not maintainable but partially set aside the Copyright Board's order concerning the admissibility of documents.
Mukesh Khadaria (Trading as M/s Aggarwal Udyog) and Ram Plaster v.DCM Shriram Consolidated Limited
The Delhi High Court dismissed the appeals filed by the appellants, confirming the injunction granted against them. The court found that the appellants were passing off their plaster of Paris as belonging to DCM Shriram Consolidated Limited because they used the prominent trademark 'Shriram' on their packaging. Applying the test of overall visual impression and likelihood of confusion among consumers, the court ruled in favor of DCM, emphasizing that mere dissimilarities do not negate the deceptive nature of the trade practice.
R.G. Oswal Hosiery Industries v.Union Of India & Ors.
The Delhi High Court dismissed a challenge by R.G. Oswal Hosiery Industries against an IPAB order that allowed rectification of its trademarks, DOLLOR (Nos. 249986 and 291763). The court held that the subsequent renewals were vitiated because they were filed by M/s. Kedia Knitwear, a mere licensee, who falsely represented themselves as the registered proprietor. This established a strict requirement under the Trade Marks Rules that only the registered owner can apply for renewal.
Toyota Jidosha Kabushiki Kaisha v.Deepak Mangal & Others
The Delhi High Court set aside an interim ex parte injunction granted to Toyota Jidosha Kabushiki Kaisha against Deepak Mangal & Others. While Toyota argued passing off based on its global reputation and the use of 'PRIUS,' the court found that Toyota had suffered from an unexplained delay in bringing the matter before the court, which was over six years. The court also questioned whether 'PRIUS' was a coined word or merely a common English term, ultimately favoring the defendant due to the balance of convenience.
Telefonaktiebolaget Lm Ericsson v.Union Of India & Ors.
Ericsson challenged the decision by the Controller of Patents which declared its patent application 'deemed to have been abandoned' under Section 21(1) after repeated objections. The petitioner argued that it had complied with all requirements and was denied an opportunity of being heard. The Court found that the basic condition for abandonment was non-existent, setting aside the order.
Siel Edible Oils Limited (Seol) v.M/S Khemka Sales (P) Ltd.
The Delhi High Court stayed a trademark infringement suit filed by Siel Edible Oils Limited against M/S Khemka Sales (P) Ltd. The core issue was that both parties claimed ownership of the same registered trademark, 'DCM No.1'. Citing Section 124 of the Trade Marks Act, 1999, the court ruled that since a rectification application challenging the defendant's mark was pending, the infringement suit must be stayed until the outcome of the rectification proceedings is determined.
M/S P.P. Jewellers Pvt. Ltd. v.M/S P.P. Prime Properties & Promoters Pvt. Ltd. / M/S P.P. Buildwell Pvt. Ltd.
The Delhi High Court dismissed appeals filed by P.P. Jewellers Pvt. Ltd., which sought injunctions against competitors for alleged trademark infringement and passing off of the mark "PP". The court noted that while the appellants claimed extensive goodwill associated with their brand, the respondents provided vague or contradictory explanations for using the mark in their respective businesses (real estate/construction). Ultimately, the High Court found no infirmity in the lower court's decision regarding the interim relief sought, allowing the suits to proceed on their merits.
Marie Stopes International (MSI) v.Parivar Seva Sanstha (PSS)
The Delhi High Court granted an ad-interim temporary injunction in favor of Marie Stopes International (MSI) against Parivar Seva Sanstha (PSS). The dispute centered on the unauthorized use of the 'Marie Stopes' word mark and associated 'Door Device' logo by PSS, which had previously operated as a licensee. MSI successfully argued that after the termination of their license agreement in 2003, PSS continued to use the marks, leading to a strong likelihood of confusion among customers. The court found the resemblance between the two marks too striking and close, thus protecting MSI's goodwill.
Marie Stopes International (MSI) v.Parivar Seva Sanstha (PSS)
The Delhi High Court granted an ad-interim temporary injunction in favor of Marie Stopes International (MSI) against Parivar Seva Sanstha (PSS). The dispute centered on the unauthorized use of the 'Marie Stopes' word mark and associated 'Door Device' logo by PSS, which had previously operated as a licensee. MSI successfully argued that after the termination of their license agreement in 2003, PSS continued to use the marks, leading to a strong likelihood of confusion among customers. The court found the resemblance between the two marks too striking and close, thus protecting MSI's goodwill.
Mount Everest Mineral Water Ltd. v.Bisleri International Pvt. Ltd. & Ors.
The Delhi High Court intervened in a trademark dispute, setting aside an Intellectual Property Appellate Board (IPAB) order that had allowed a potentially biased statement by a Senior Examiner to remain on record. The court emphasized that the Registrar must maintain strict neutrality and objectivity when dealing with IP matters under Section 98 of the Trade Marks Act. This judgment reinforces the principle that procedural fairness requires immediate scrutiny of any evidence, especially those provided by registry officials, if they appear to exceed their statutory scope.
Nne Pharmaplan India Ltd. v.M/S Cgmp Pharmaplan Pvt. Ltd. & Ors.
The Delhi High Court dismissed Nne Pharmaplan India Ltd.'s suit seeking permanent injunction against M/S Cgmp Pharmaplan Pvt. Ltd., which alleged passing off and infringement of its trade name 'PHARMAPLAN'. The court found that despite both companies operating in the pharmaceutical consulting sector, the names were sufficiently distinct ('NNE' vs. 'cGMP') to prevent customer confusion. Furthermore, the plaintiff failed to establish a prima facie case or irreparable loss, especially given their own inaction against other entities using similar terms.
Country Inn Private Ltd. v.Country Inns And Suites By Carlson, Inc.
The Delhi High Court disposed of interim applications concerning trademark infringement and passing off between Country Inn Private Ltd. and Country Inns And Suites By Carlson, Inc. While the plaintiff asserted prior rights over the 'Country Inn' trademark, the court ultimately denied an injunction against the plaintiff, citing that stopping its 17-year-old business would cause irreparable loss. Instead, the court imposed strict conditions on the plaintiff, requiring transparent financial reporting and restricting new licensing agreements until the suit is resolved.
M/S UCB FARCHIM SA v.M/S Cipla Ltd.
The petitions challenged orders passed by the Assistant Controller of Patents rejecting patent applications or related documents. The court examined the statutory scheme of the Patents Act, particularly concerning pre-grant and post-grant opposition procedures introduced by the 2005 Amendment Act.
Pramod Kumar Garg v.M/S Punjab Tractor Limited
The Delhi High Court dismissed the appeal filed by Pramod Kumar Garg against M/S Punjab Tractor Limited regarding the registration of the trade mark 'SWARAJ'. The court found that despite the goods being registered in different classes, the similarity in their commercial use (agricultural sector) and the common consumer base created a grave possibility of confusion. Furthermore, the appellant's claim of honest concurrent user was rejected due to doubts about the evidence provided regarding the timing and nature of its usage.
Glaxo Group Ltd. v.Union Of India & Ors.
Glaxo Group Ltd. challenged the Intellectual Property Appellate Board's (IPAB) dismissal of its trademark registration appeal for 'VOLMAX.' The Delhi High Court intervened, finding that the IPAB had failed to properly consider key legal issues regarding deceptive similarity and the concept of a family of trademarks. Consequently, the High Court set aside the IPAB's order, restoring Glaxo's appeal to be decided afresh on all merits.
Glaverbel S.A. v.Dave Rose & Ors.
Glaverbel S.A. filed an application seeking an ad-interim injunction against Dave Rose & Ors., alleging that the defendants were manufacturing and selling copper-free mirrors infringing Patent No. 190380. The plaintiff claimed ownership of the innovative process and product, which lacked a copper layer.
Pachranga Syndicate Pvt. Ltd. v.Som Nath & Anr.
In this trademark dispute, the Delhi High Court addressed interim applications filed by both parties regarding alleged infringement and passing off of the 'Pachranga' mark. While declining to grant a definitive injunction at that stage, the court mandated an expedited trial. Crucially, it allowed the defendants to continue using their label under strict conditions—specifically requiring them to use different fonts/scripts and background colors to prevent market confusion, while also compelling them to maintain detailed quarterly sales accounts.
Pachranga Syndicate Pvt. Ltd. v.N. Kheri Gram Udyog Mandal & Anr.
The Delhi High Court addressed an interim injunction application filed by Pachranga Syndicate Pvt. Ltd. against N. Kheri Gram Udyog Mandal & Anr., concerning the alleged infringement of its trade mark 'Pachrangas Farm Fresh'. While declining to grant a blanket restraining order at that stage, the court issued several critical directions. These include mandating the defendant to maintain and file quarterly accounts of sales, allowing conditional use of certain design elements, and permitting the temporary use of 'CHAMPION PACHRANGA' to mitigate market confusion until the final trial.
Rana Steels v.Ran India Steels Pvt. Ltd.
The Delhi High Court addressed multiple applications filed by Rana Steels concerning the alleged infringement of its registered trademark RANA. The core dispute revolved around the defendant's continued use of similar marks (RANATOR/RAN INDIA) in relation to steel products, despite existing injunction orders. Recognizing the need for factual verification regarding ongoing usage and the disposal of old stock, the Court appointed a Local Commissioner to inspect the premises and examine account books.
Aveda Corporation v.Dabur India Ltd.
The Delhi High Court denied the interim injunction sought by Aveda Corporation against Dabur India Ltd. regarding the alleged passing off of its trademark 'Aveda'. The court found that despite phonetic similarity, the plaintiff lacked a strong prima facie case because it had minimal market presence in India and could not demonstrate irreparable injury. Furthermore, the balance of convenience favored the defendant due to the significant financial impact an injunction would have on Dabur's large-scale operations.
Micolube India Ltd. v.Maggon Auto Centre & Anr.
The Delhi High Court addressed an application seeking to stay a trade mark infringement suit due to pending rectification proceedings. The court ruled that while the suit claiming infringement of a registered trademark must be stayed until the validity of the registration is determined, the separate claim for 'passing off' can continue independently. This nuanced decision clarifies the scope of Section 124 of the Trade Marks Act, allowing parties to pursue related claims even when one aspect of the litigation is paused.
Kishore Kumar v.M/S. L. Chuni Lal Kidarnath & Anr.
The Delhi High Court granted an ad-interim injunction in favor of the plaintiff, Kishore Kumar, against the defendants regarding the use of the trademark HOMELITE. The court found that the plaintiff had established prior adoption and usage of the mark for electric torches and flashlights, giving him a prima facie strong case on the merits. Furthermore, the court allowed the plaintiff's application to amend his suit, enabling him to incorporate crucial facts about a disclaimer imposed by the Trademark Registrar.
Dashmesh Mechanical Works v.Hari Singh & Anr.
The plaintiff filed a suit under Section 106 of the Patents Act, 1970, seeking declaration and injunction against groundless threats related to Patent No. 213823. The defendants challenged the court's jurisdiction by filing an application for return of plaint due to lack of territorial jurisdiction.
Tata Sons Limited v.Mr. Laxman & Anr.
The Delhi High Court ruled in favor of Tata Sons Limited, granting a permanent injunction against the defendants for trademark infringement and passing off. The court found that the defendants' use of the 'TATA' mark and the associated device was dishonest, intended to mislead consumers into believing an affiliation with the renowned conglomerate. While upholding the injunction, the court declined to award damages due to the plaintiff's failure to substantiate its claims with concrete evidence of loss or profit.
Pine Labs Pvt. Ltd. v.Gemalto Terminals India Pvt. Ltd.
Pine Labs sued Gemalto Terminals India Pvt. Ltd. for copyright infringement related to its software (Version 1.03) used in the IOCL Fleet Card Program. The dispute centered on whether the plaintiff had validly assigned all intellectual property rights to the defendant under the MSA, especially concerning subsequent modifications after the original work order expired.
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