Plaintiff Favorable
7 plaintiff favorable decisions from Punjab-Haryana High Court.
Plaintiff Favorable Decisions
7 cases | Page 1 of 1
Surbhi Tangri v.Nishant Goel
The Punjab-Haryana High Court allowed Surbhi Tangri's appeal, setting aside a lower court order that had dismissed her application for an injunction. The court found that the defendant's use of 'DECORALLEY' was deceptively similar to the petitioner's registered trademark, 'The Décor Alley'. Despite arguments regarding different mark types (word vs. device) and business models, the High Court emphasized the common law principle of passing off, ruling that a common man would be deceived by the similarity.
Vikas Jain And Anr. v.State Drugs Controller Haryana & Ors.
This petition challenged an order issued by the State Drugs Controller, Haryana, which directed the petitioners to cease using two cosmetic brand names, 'COSMO SILKY' and 'COSMO'. The controller had acted based on the lack of ownership proof in a family dispute pending before the Delhi High Court. The Punjab-Haryana High Court set aside this order, ruling that the regulatory authority overstepped its jurisdiction by issuing a blanket ban while complex trademark disputes were still sub judice.
M/s Raj Son Agro Engineers Regd v.M/s Kalsi Metal Works Private Limited
The Punjab-Haryana High Court dismissed a revision petition challenging an order that allowed a trademark infringement suit to proceed. The dispute centered on whether the plaintiff could sue in its own jurisdiction based on registered trademark rights, or if the admission that certain goods were unregistered would limit the case to 'passing off.' The court ruled that even if treated as a passing off action for unregistered marks, the plaint contained sufficient averments regarding clandestine sales within the court's territorial jurisdiction to sustain the suit.
M/s Rana Sugars Limited v.State Of Punjab And Others
The petitioner, M/s Rana Sugars Limited, challenged a notification issued by the State of Punjab that amended distillery rules to mandate 'Superior-Grade quality and round in shape' for bottles. The petitioner argued that its innovative use of non-round shapes (kidney and rectangular) was commercially successful and protected by design registration. The court quashed the restriction on bottle shape, holding that the state lacked jurisdiction to specify this detail.
M/s Skol Breweries Limited v.State Of Haryana And Others
The Punjab-Haryana High Court ruled in favor of M/s Skol Breweries Limited, setting aside an excise department order that denied fee exemptions. The court held that since the petitioner had filed an application for trademark registration based on a valid assignment deed as early as May 27, 2005, the effective date of ownership was retroactive. Consequently, the State's demand for franchise and registration fees from that period was deemed incorrect, necessitating the matter be remitted to the Commissioner for fresh adjudication.
Sachdeva & Sons Industries Pvt. Ltd. v.Shri Bhupinder Jain
The appellant filed a suit for permanent injunction against the respondent alleging infringement of registered trademarks ("Pari") and copyright. The lower court rejected the plaint on the ground that the courts in Amritsar lacked territorial jurisdiction. The High Court set aside this order, holding that under Section 134(2) of the Trade Marks Act, 1999, the courts where the plaintiff carries on business have jurisdiction.
N.V. Philliphs, Eindhoven, Holland And ... v.Banga Watch Company
This Punjab-Haryana High Court judgment addressed a suit for passing off concerning the 'Philips' trademark. The plaintiffs successfully argued that despite their formal registration not covering watches and clocks, they had established immense goodwill and reputation in India through their extensive marketing of electrical goods. The court affirmed that the defendants dishonestly adopted the mark to mislead consumers into believing their watches were associated with the plaintiff's brand, leading to the dismissal of the appeal.
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