H. Lundbeck A/S v. Hetero Drugs Limited

M/s.MRF LimitedvsMulti Race Force Lubricants Pvt. Ltd

The Madras High Court ruled in favor of M/s. MRF Limited, finding that the defendant's use of similar marks constituted trademark infringement and passing off. The court applied the 'average purchaser' test, concluding that the overall similarity between the marks and packaging was likely to mislead an ordinary consumer. Consequently, the suit was decreed with a perpetual injunction restraining further misuse of the mark.

M/S Yashram Lifestyle Brands Pvt LtdvsM/S Gokuldas Intimatewear Private Limited

The plaintiffs filed an Original Suit seeking a permanent injunction against the defendant for infringing their granted patent (IN 306901) related to 'Fab-Shield Period Panty'. The dispute, which also involved challenges to the patent's validity, was subsequently settled by both parties. A Patent License Agreement was entered into on January 01, 2023, and the suit was disposed of accordingly.

Shivkumar Shankarrao Thakur & Ors.vsShiv Biri Manufacturing Co P Ltd & Anr.

The Delhi High Court dismissed an appeal filed by Shivkumar Shankarrao Thakur & Ors. against a trademark registration granted to Shiv Biri Manufacturing Co P Ltd. The court found that the impugned trademark was not deceptively similar to the appellants' existing trademarks, thereby negating the core grounds of opposition and prior use claims. This ruling reinforces the principle that similarity between marks is paramount in determining infringement or opposition success.

M/s.Sailaksh Trading as Hotel Grand SwagathvsM/s.Hotel Swagath, Dhanturi Group of Hotels Pvt. Ltd.; The Registrar of Trade Marks

The Madras High Court dismissed a Transfer Original Petition filed by M/s.Sailaksh Trading as Hotel Grand Swagath against M/s.Hotel Swagath and the Registrar of Trade Marks. The petition sought to remove or cancel the trademark 'HOTEL SWAGATH' (Device) registered in Class-43. The court noted that the proprietors of the petitioner hotel had passed away, leading to the withdrawal of a related infringement suit by the first respondent. Consequently, the Transfer Original Petition was dismissed as abated, though it can be revived by legal heirs.

The Chocolate Spoon Company Private LimitedvsOceanleaf Hospitality Private Limited & Ors.

The Bombay High Court granted leave for a plaintiff to combine claims of passing off with an existing trademark infringement suit. The defendants argued that they lacked territorial jurisdiction as their outlets were located outside Mumbai, but the court prioritized the principle of avoiding multiplicity of litigation. This decision allows the combined action to proceed while keeping the jurisdictional issue open for later determination.