Fashion — India Patent Cases
20 decisions indexed
Page 1 of 1 · 20 total
Tommy Hilfiger Europe Bv & Anr. v.Mr Lalit Kumar Goel & Ors.
In this commercial suit concerning trademark infringement, the Delhi High Court granted several procedural reliefs in favor of the plaintiffs, Tommy Hilfiger and Calvin Klein. The court exempted them from pre-institution mediation due to the urgency of interim relief sought. Furthermore, it allowed an exemption from advance service to the defendants, recognizing the imminent risk that the defendant might conceal infringing operations. Crucially, the court directed local commissioners to inspect the premises to ascertain the value of deceptively similar stock and gather evidence against the alleged infringers.
M/S Reflect Sculpt Private Ltd. v.Abdus Salam Khan
In a suit concerning alleged counterfeiting and infringement, the Delhi High Court granted several interim reliefs in favor of M/S Reflect Sculpt Private Ltd. The court allowed exemptions for urgent proceedings, including waiving advance service and pre-institution mediation, recognizing the need for swift action against counterfeit products. Furthermore, the court appointed a Local Commissioner to investigate the alleged infringements, allowing access to premises and financial records to gather evidence regarding the unauthorized use of unique designs and the 'GAURAV GUPTA' trademark.
Lacoste S.A. v.Ninety Nine Labels Private Limited
Lacoste S.A. filed a suit against Ninety Nine Labels Private Limited and others for infringement, passing off, and copyright violation related to its trademark LACOSTE and associated labels. The plaintiff alleged that the defendants were using identical or deceptively similar marks on goods like tags, buttons, and packaging materials. The court decreed the suit in favor of Lacoste.
Christian Louboutin Sas & Anr. v.M/S Italian Shoes Co. & Ors.
In this ongoing intellectual property dispute, Christian Louboutin SAS sought various procedural reliefs in the Delhi High Court against M/S Italian Shoes Co. The court granted several applications, including allowing the plaintiffs to file additional documents and granting exemption from pre-institution mediation due to the suit's urgent nature. Crucially, the order also addressed the core infringement claim, setting up the case for permanent injunctions related to trademark infringement, copyright violation of shoe images, and passing off concerning the signature 'RED SOLE' style.
Rahul Mishra & Anr. v.John Doe & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of fashion designer Rahul Mishra, restraining defendants from using or dealing in goods deceptively similar to his registered trademarks and trade names. The court also directed the defendant operating the website www.rahudress.com to immediately suspend the domain name and disclose complete details of the primary infringing entity (Defendant No. 1). This order protects both trademark rights and copyright/design rights related to Mishra's luxury apparel.
M/S Reflect Sculpt Private Ltd. v.Abdus Salam Khan
In a suit concerning alleged counterfeiting and infringement, the Delhi High Court granted several interim reliefs in favor of M/S Reflect Sculpt Private Ltd. The court allowed exemptions for urgent proceedings, including waiving advance service and pre-institution mediation, recognizing the need for swift action against counterfeit products. Furthermore, the court appointed a Local Commissioner to investigate the alleged infringements, allowing access to premises and financial records to gather evidence regarding the unauthorized use of unique designs and the 'GAURAV GUPTA' trademark.
Ampm Fashions Private Limited v.Mr. Akash Anil Mehta, Partner Of Ampm Designs & Anr.
The Delhi High Court addressed an interim injunction application concerning the use of the 'AMPM' trademark. While the plaintiff asserted its mark was well-known and infringed upon by the defendant's stylized version, the court declined to grant the requested injunction. However, in a compromise, the defendants agreed to prominently display a specific subtitle ('Interior design by Akash Mehta and Poonam Mehta') alongside their impugned mark and submit quarterly turnover accounts to the court.
Lacoste S.A. v.Sheetal Fabrics
Lacoste S.A. filed a suit against Sheetal Fabrics alleging infringement of its trademark LACOSTE, passing off, and violation of copyrights in relation to garments and accessories. The court found that the defendant adopted and used trademarks deceptively similar to Lacoste's, causing loss to the plaintiff's reputation.
M/s Lacoste S.A. v.Rakesh Goyal
M/s Lacoste S.A. filed a suit alleging that the defendants were manufacturing and marketing goods using trademarks identical or deceptively similar to its registered marks (LACOSTE and CROCODILE), leading to counterfeiting, passing off, and copyright infringement. The court found the plaintiff's trademark well-known and decreed the suit for permanent injunction and awarded damages.
Hermes International & Anr. v.Crimzon Fashion Accessories Private Limited
The Delhi High Court ruled in favor of Hermes International, declaring its 'H' trade mark as a well-known trademark. The court meticulously examined five factors outlined in Section 11(6) of the Trade Marks Act, including global promotion, extensive use since 1997, international registrations across numerous countries, and successful enforcement actions abroad. This judgment solidifies the legal standing of globally recognized luxury brands within India.
Hermes International & Anr. v.Crimzon Fashion Accessories Private Limited
The Delhi High Court ruled in favor of Hermes International, declaring its 'H' trade mark as a well-known trademark. The court meticulously examined five factors outlined in Section 11(6) of the Trade Marks Act, including global promotion, extensive use since 1997, international registrations across numerous countries, and successful enforcement actions abroad. This judgment solidifies the legal standing of globally recognized luxury brands within India.
Tommy Hilfiger Europe Bv v.Ms Originals Clothing And Ors
In this execution petition, Tommy Hilfiger sought to enforce a settlement decree against Ms Originals Clothing for continuing the sale of its branded goods. Despite having previously settled, the Decree Holder alleged that the Judgment Debtors continued infringing on their trademarks both in physical stores and online platforms. The court allowed the application for local commissioners to conduct an investigation into post-decree sales and directed the Judgment Debtors to provide access to relevant financial records.
Shakthi Fashion & Anr. v.Burberry Limited
The Delhi High Court addressed a revision petition challenging the dismissal of an application to reject a plaint based on territorial jurisdiction in a trademark infringement suit. The court examined whether the cause of action had arisen within its jurisdiction, considering both past incidents in Bangalore and ongoing activities in New Delhi. While acknowledging the plaintiff's claims regarding online sales (IndiaMart) and local solicitation in Delhi, the High Court ultimately dismissed the revision petition, stating that the question of territorial jurisdiction is a mixed question of fact and law requiring evidence at trial.
M/S Reflect Sculpt Private Ltd. v.Swati Narula
M/S Reflect Sculpt Private Ltd. successfully obtained an interim injunction from the Delhi High Court against Swati Narula in a copyright infringement suit concerning unique artistic garments. The court recognized the Plaintiff's rights over its distinctive designs and granted permission for a Local Commissioner to conduct a search and seizure operation at the Defendant's premises. This decisive order allows the Plaintiff to gather evidence of alleged counterfeiting, paving the way for further litigation against the infringer.
Ampm Fashions Private Limited v.Mr. Akash Anil Mehta, Partner Of Ampm Designs & Anr.
The Delhi High Court addressed an interim injunction application concerning the use of the 'AMPM' trademark. While the plaintiff asserted its mark was well-known and infringed upon by the defendant's stylized version, the court declined to grant the requested injunction. However, in a compromise, the defendants agreed to prominently display a specific subtitle ('Interior design by Akash Mehta and Poonam Mehta') alongside their impugned mark and submit quarterly turnover accounts to the court.
Ampm Fashions Private Limited v.Mr. Akash Anil Mehta, Partner Of Ampm Designs & Anr.
The Delhi High Court addressed an interim injunction application concerning the use of the 'AMPM' trademark. While the plaintiff asserted its mark was well-known and infringed upon by the defendant's stylized version, the court declined to grant the requested injunction. However, in a compromise, the defendants agreed to prominently display a specific subtitle ('Interior design by Akash Mehta and Poonam Mehta') alongside their impugned mark and submit quarterly turnover accounts to the court.
Ampm Fashions Private Limited v.Mr. Akash Anil Mehta, Partner Of Ampm Designs & Anr.
The Delhi High Court addressed an interim injunction application concerning the use of the 'AMPM' trademark. While the plaintiff asserted its mark was well-known and infringed upon by the defendant's stylized version, the court declined to grant the requested injunction. However, in a compromise, the defendants agreed to prominently display a specific subtitle ('Interior design by Akash Mehta and Poonam Mehta') alongside their impugned mark and submit quarterly turnover accounts to the court.
M/S Reflect Sculpt Private Ltd. v.Musky Couture
The Delhi High Court allowed M/S Reflect Sculpt Private Ltd. to proceed with its suit against Musky Couture, which alleges infringement of the 'GAURAV GUPTA' trademark and copyright in unique artistic garments. The Plaintiff detailed how the Defendant was allegedly manufacturing and selling identical, low-budget imitations while falsely claiming association with the original designer. Crucially, the Court issued a significant interim order allowing a Local Commissioner to conduct a search and seizure of the Defendant's premises in Mumbai to gather evidence of infringement.
Satish Kumar v.Khushboo Singh & Ors.
Satish Kumar filed a suit against Khushboo Singh and others, alleging the misappropriation of confidential information, trade secrets, and clientage belonging to his company, Plasma Impex Inc. The plaintiff sought permanent injunctions and damages, claiming that the defendants used proprietary data obtained during their employment. However, the court ultimately dismissed the suit as withdrawn by the plaintiff.
Christian Louboutin Sas v.Abubaker & Ors.
Christian Louboutin Sas filed a suit against Abubaker & Ors., alleging trademark infringement and passing off based on its registered mark 'RED SOLE,' which refers to the red color applied to ladies footwear soles. The core dispute centered on whether this specific color shade could be protected as a trademark, especially when the defendants were using their own wordmark 'VERONICA.' The Delhi High Court ultimately dismissed the suit, holding that the use of a single color does not qualify as a trademark under relevant provisions and that Section 30(2)(a) disentitled the plaintiff from claiming infringement or passing off.
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