Madhya Pradesh High Court
29 cases · page 1 of 1
Dr Vinod Bhaskar Rao Njoshi Trading As M/S PUSHKAR PAIN CLINIC AND PHYSIOTHERAPY CENTER SENIOR HOUSE v.Mr Tivender Kumar Kaushik
The Madhya Pradesh High Court addressed an appeal filed by Dr. Vinod Bhaskar Rao Njoshi against the rejection of his interim injunction application. The court recognized the appellant's claim that the respondent, a former employee, was infringing upon his established trademark, 'Pushkar Pain Clinic and Physiotherapy Center.' As an interim measure, the High Court granted a temporary restraint, allowing the respondent to continue operating their clinic but strictly prohibiting the use of the disputed name until further hearing.
Curewin Pharmaceuticals Pvt. Ltd. v.Registrar Of Trademarks Govt. Of India
The Madhya Pradesh High Court granted an interim measure in the trademark opposition case filed by Curewin Pharmaceuticals Pvt. Ltd. against the Registrar of Trademarks, Government of India. The court directed that no further proceedings related to the specific publication date (11.08.2025) shall be taken until the next hearing date. This temporary stay provides crucial breathing room for the petitioner while procedural requirements are met.
Mohd Haroon Trading And Proprieties v.M/S Burhanpur Jalebi Centre
This matter originated from a civil suit filed by M/S Burhanpur Jalebi Centre seeking an injunction against Mohd Haroon Trading And Proprieties for trademark infringement. The petitioner challenged the trial court's rejection of their application regarding mandatory pre-litigation mediation proceedings. However, the Madhya Pradesh High Court ultimately dismissed the petition, ruling that it lacked jurisdiction because the impugned order was passed by a Civil Judge below the rank of a District Judge, necessitating an appeal to the appropriate Commercial Appellate Court.
Dileep Bakliwal Prop Poonam Marketing v.Mohan Singh Panwar
This petition challenged the rejection of a request to transfer a trademark infringement suit to the Commercial Court. The petitioner argued that since the dispute involved intellectual property, it should automatically fall under the jurisdiction of the Commercial Courts Act, 2015, regardless of the low valuation. However, the High Court ruled that while IP rights are covered by the Act, the requirement for a 'commercial dispute' to have a specified value of at least Rs. 3 lakhs must be met. Since the suit was valued below this threshold, the court upheld the trial court's decision and dismissed the petition.
Suresh Gulwani and Others v.M/S Dammani Brothers Through Partner Shri Rajendra Dammani
The Madhya Pradesh High Court granted a stay on an earlier Commercial Court order that had restricted the manufacturing, selling, and advertising activities under the 'SWAD GOLD' trademark. The petitioners argued that the restriction was causing immediate irreparable business loss, halting their entire operations and preventing them from selling existing stock. Given the prima facie case of injury, the High Court decided to stay the operation of the restrictive order until further hearing.
Jindal Steel And Power Limited v.Jp Structures Private Limited
In this ongoing trademark infringement dispute, Jindal Steel And Power Limited challenged the trial court's decision to delete Defendant No. 1 (Jp Structures Private Limited) from the case. The petitioner argued that Defendant No. 1 was a necessary party because they were the original user of the infringing goods and disclosed the names of subsequent suppliers. The High Court directed notice be issued, ensuring the matter would be heard on July 3rd, allowing the dispute over party status to continue.
Surindar Pal Singh v.Ichhadhari Lassi Old Ichhadhari Lassi and New Ichhadhari and Others
The Madhya Pradesh High Court listed the case involving Surindar Pal Singh and Ichhadhari Lassi Old Ichhadhari Lassi. The court granted time to both parties to verify the outcome or status of a pending rectification application filed under Section 57 of the Trademarks Act. This indicates that the dispute over the trademark's validity or registration is still active and awaiting further judicial determination.
Curewin Pharmaceuticals Pvt. Ltd. v.Curewin Hylico Pharma Pvt. Ltd.
This case involves disputes between two pharmaceutical companies regarding the artistic work and copyright protection of 'ENERZY' powder. The core legal challenge revolved around whether the plaintiff's suit, which sought injunctions against infringement, should be rejected under Order 7 Rule 11 CPC because its valuation was tied to a prior agreement. The High Court examined the distinction between statutory rights (Copyright Act) and contractual obligations, ultimately modifying the trial court's order to allow the suit to proceed without mandating the inclusion of all specific pleadings from the external agreement.
Curewin Pharmaceuticals Pvt. Ltd. v.Curewin Hylico Pharma Pvt. Ltd.
This case involves a dispute over the artistic work 'ENERZY powder' between Curewin Pharmaceuticals Pvt. Ltd. and Curewin Hylico Pharma Pvt. Ltd. The core legal battle centered on whether the Commercial Court was correct in directing the plaintiff to amend their plaint based on an agreement dated 22.01.2015, specifically regarding valuation for court fees. The High Court examined the matter under Article 227 of the Constitution and ultimately ruled that the statutory copyright right should govern the suit's substance, not solely the contractual terms.
Pataka Industries Private Limited v.Jyoti Dewani
The Madhya Pradesh High Court granted an interim injunction in favor of Pataka Industries Private Limited against Jyoti Dewani. The court noted that the appellant had previously benefited from an injunction and allowed the application, restraining the respondent from using the trademark '502 Pataka' on any product or label until further orders. This decision reinforces the protection afforded to established trademarks.
Pernod Ricard India Private Limited v.Karanveer Singh Chhabra Trading As J.K.
Pernod Ricard appealed a Commercial Court order that rejected their application for temporary injunction against Karanveer Singh Chhabra, alleging trademark infringement of 'Blenders Pride' and 'Imperial Blue' by the defendant's use of 'London Pride'. The Madhya Pradesh High Court upheld the trial court's finding that no deceptive similarity existed between the marks. Consequently, the appeal was dismissed, but the Trial Court was directed to proceed with the main suit on merits without being influenced by the appellate observations.
Omrf Pipes And Products v.Itarsi Pipe Sales & Others
The Madhya Pradesh High Court allowed an appeal seeking a temporary injunction against pipe manufacturers who were allegedly passing off their products. The court held that while the appellants lacked formal trademark registration for the specific color combination, the similarity between the 'RIVERLINE' (appellant) and 'METROSTAR' (respondent) product colors and shapes had the potential to mislead an ordinary purchaser. Consequently, the High Court granted the interim injunction, emphasizing that courts should assess potential consumer confusion from the perspective of a common person.
Ajay Panwar v.Kishore Chhabra
The appeal involved a request by Ajay Panwar (appellant/defendant No. 2) to stay the execution of an earlier judgment restraining him from using specific machinery. The respondent claimed patent rights over the machinery and copyright protection for drawings related thereto.
Aasik Jindran v.Mohammad Rafiq
Aasik Jindran, proprietor of M/s GBL Agro Equipments, filed a petition challenging an earlier commercial court order. The dispute centered on the use of the brand name 'GBL' for agricultural goods by Mohammad Rafiq, which Jindran claimed infringed his registered trademarks and copyrights. While the trial court had granted injunction against 'GBL', Jindran sought an extension to include restraint against the similar mark 'SGBL'.
Deepak Singh v.Bunty Raghav (Producer) and others
Deepak Singh filed a petition seeking interim relief against producers (Respondents) who were making a film based on his book, 'Janhit Mein Jaari'. The core dispute revolved around copyright infringement. While the High Court noted that the civil suit was pending before the Trial Court and emphasized the need for evidence regarding similarity between the book and the film, it ultimately directed the parties to proceed with the trial court's application under Order 39 Rule 1 and 2 of C.P.C., ensuring the existing interim relief continued until a final decision.
Bhama Enterprises India Pvt. Ltd. v.Praveen S/o. Shri Gokulchand Murarka
Bhama Enterprises challenged an order granting a temporary injunction to Praveen (M/s. Modware India) regarding the alleged infringement of their 'Kool Kruizer' bottle design by the defendant's 'Cool Crazy' product. The core dispute centered on whether trademark protection in Class 32 could cover the physical shape, or if the defendant's valid registration under the Designs Act provided superior rights. The High Court ultimately allowed the appeal, setting aside the injunction and dismissing the plaintiff's application.
M/S Mold Tech Packaging Limited v.S.D. Container Proprietor Patwari
The appeal was filed by M/S Mold Tech Packaging Limited against an order rejecting its application for a temporary injunction. The plaintiff claimed that the respondent was pirating and infringing their registered designs of containers and lids. However, the court dismissed the appeal, finding that the plaintiff's designs were not new or original as they had been in use globally prior to registration.
M/s Mold Tek Packaging Limited v.S.D. Containers
This judgment addresses a complex jurisdictional dispute arising from a civil suit filed by M/s Mold Tek Packaging Limited against S.D. Containers regarding disputed designs. The core issue was whether the High Court had the authority to entertain the defendant's counterclaim seeking cancellation of the design registration, alongside the plaintiff's declaration and injunction suit. The court affirmed its jurisdiction, interpreting the Design Act, 2000, to allow a defendant to raise all grounds for cancellation (under Section 19) in their written statement/counterclaim.
Praveen Murarka v.Bhama Enterprises India Pvt. Ltd.
This appeal before the Madhya Pradesh High Court addressed a dispute over registered designs of water bottles. The appellant, Praveen Murarka, sought an injunction against the respondent for allegedly infringing his registered design ('Kool Kommandar') with their product ('Cool Cutie'). The core legal issue revolved around whether the Commercial Court correctly applied the test of 'exact similitude' or if the proper standard under the Designs Act, 2000, was the 'look alike' factor. The High Court ultimately found that the designs were substantially similar and set aside the lower court's order, allowing the injunction.
M/S Emco Thr. v.Union Of India Thr.
M/S Emco Thr. approached the Madhya Pradesh High Court seeking intervention against the Trade Marks Registry's inaction regarding a trademark correction application for 'MADHUVAN'. The petitioner argued that due to administrative errors, they were not recognized as the registered owner despite having exclusive rights via an assignment deed and continuous use since 1982. The court disposed of the writ petition by directing the respondent authority to adjudicate the pending representation/appeal within a stipulated period of three months.
M/s Mold-Tek Packaging Ltd. v.S.D.Containers
M/s Mold-Tek Packaging Ltd. filed a suit before the Commercial Court at Indore against S.D.Containers for infringing their registered designs related to rigid plastic packaging lids and containers. The respondent attempted to transfer the civil suit to the Calcutta High Court under Section 22(4) of the Design Act, 2000. However, the Madhya Pradesh High Court ruled that due to the establishment of Commercial Courts at the District level in MP, the Commercial Court at Indore possessed the necessary jurisdiction and was competent to hear the matter.
Mount Everest Breweries Limited v.State of Madhya Pradesh
Mount Everest Breweries Limited and United Breweries Limited filed a Writ Petition challenging the inaction of the State of Madhya Pradesh regarding the infringement of their IP rights. The petitioners alleged that unauthorized breweries were illegally using their registered trademarks, designs, and copyrighted artistic features on bottles, often replacing them with products from other manufacturers. This practice was causing significant losses and consumer risk due to faulty bottling. The High Court disposed of the petition by directing the State authorities to take appropriate action and provide a reasoned response to the petitioners' prior representations within sixty days.
Narendra Singh v.Ashendra Mishra
Narendra Singh filed an application seeking the appointment of an independent arbitrator under the Arbitration and Conciliation Act, 1996, against Ashendra Mishra regarding disputes arising from their partnership firm, M/s. Kautilya Academy. The applicant alleged misuse of the trade mark and siphoning of funds by the respondents. However, the court dismissed the application, holding that since there were serious allegations of forgery, fraud, and dispute over the very execution of the partnership deed, the matter was not fit for arbitration. The proper remedy was directed to be sought in a civil court.
Skol Breweries Ltd. v.Som Distilleries And Breweries Ltd.
This appeal was filed by Skol Breweries Ltd. (now Sab Miller) seeking a temporary injunction against Som Distilleries And Breweries Ltd., alleging that the latter was using bottles bearing the appellant's registered design for their product, 'BLACK FORT.' The plaintiff claimed this constituted infringement and passing off of its beer, 'HAYWARDS 5000.' However, the High Court dismissed the appeal, finding no substance in the request for an injunction at that stage.
Rajnarayan Dwivedi v.Girish
The petitioner challenged a trial court order that affirmed an injunction granted in favor of the respondents/plaintiffs. The dispute centered on the similarity between the respondents' brands ('Rashtriya Khajuraho Griha Udyog' and 'Calash Chhap Tobacco - Lalluwali') and the petitioner's brand ('Rashtrapriya Khajuraho Tambakhu Griha Udyog').
Laxmi Gudakhu Factory v.Avinash Gudakhu Factory
The Madhya Pradesh High Court set aside a trial court's order that dismissed an application for temporary injunction. The plaintiff, Laxmi Gudakhu Factory, successfully argued that the respondent's use of 'Ma Saraswati Chhap Gudakhu' was deceptively similar to its registered trademark and label. Given that the product ('Gudakhu') is used by illiterate villagers, the court found a strong possibility of deception, allowing the plaintiff to secure an injunction against further infringement.
Radhakishan Narayandas (Partnership ...) v.Manmohan Garg
The plaintiff sued the defendant for infringement and passing off regarding the trade mark 'Khargosh Chhap' used on bidis. The court found that while the plaintiff failed to prove substantial loss of business in the local area (Vidisha), the defendant was persistently infringing the plaintiff's valid registered trade mark, leading to a decree in favor of the plaintiff.
K.L. Chaturvedi v.State Of Madhya Pradesh And Ors.
The petitioner challenged the constitutionality of the Drugs Act, 1940, arguing that the amendment requiring mandatory disclosure of the true formula or ingredient list for his proprietary medicine 'Germs Killer' would expose his trade secret. The court upheld the amended provisions, finding them reasonable and necessary for public health and safety.
K.L. Chaturvedi v.State Of Madhya Pradesh And Ors.
The petitioner challenged the constitutionality of the Drugs Act, 1940, arguing that the amendment requiring mandatory disclosure of the true formula or list of ingredients for his proprietary medicine 'Germs Killer' infringed upon his right to protect his trade secret. The court upheld the amended provision, stating that the requirement was reasonable and aimed at preserving public health and safety.
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