FMCG — India Patent Cases
614 decisions indexed
Page 1 of 21 · 614 total
KRBL Limited v.LT Foods Limited & Anr.
KRBL Limited filed six connected petitions before the Delhi High Court seeking removal/cancellation of trademark registrations held by LT Foods Limited. The impugned marks included 'WORLD'S 1ST BIRYANI DAY', 'WORLD BIRYANI DAY', and 'WORLD'S BIRYANI DAY' registered in Classes 35 and 41. The Court allowed the exemption applications and issued notice to the Respondents, returnable on 23.09.2026.
ASR Market Ventures Private Limited v.Fitship Private Limited & Anr. (Registrar of Trade Marks)
The Delhi High Court disposed of a rectification petition and connected interlocutory injunction application filed by ASR Market Ventures Private Limited against Fitship Private Limited concerning the trademark 'FITSHIP' (Registration No. 5154387 in Class 30). ASR, engaged in the fitness and lifestyle business, claimed prior adoption and use of the mark 'FITFEAST' since 2017 for nutrition and healthy food services, and sought cancellation of Fitship's registration along with an interim injunction. The Court held that ASR failed to establish a prima facie case for passing off and was not entitled to the interlocutory injunction, dismissing the application.
Asif Traders v.Lion Dates Impex Private Limited
This application was filed by the Applicant/Defendant seeking permission to file five additional documents during the trial in a commercial suit. The court partly allowed the application, permitting documents nos. 1 to 3 (copyright application receipt, Form TM-C, and trademark registration certificate) subject to payment of costs of Rs. 5,000/- to the respondent within two weeks, while rejecting document no. 5 for not being filed in proper format and noting that document no. 4 was not pressed.
Jyothy Labs Limited v.The Registrar of Trade Marks & Anr.
Jyothy Labs Limited filed a writ petition under Articles 226 and 227 of the Constitution of India seeking restoration of its opposition (bearing No.1179106) to a trademark application filed by respondent No.2, which had allegedly been allowed while the opposition was still pending. Respondent No.2 accepted notice and raised no objection to the prayer that the opposition be considered before the Registrar decided on registration. The Delhi High Court set aside the registration of respondent No.2's trademark (registration No.5345163) and remanded the matter to the Registrar to reconsider the application after affording the petitioner an opportunity to be heard.
VKC Nuts Private Limited v.Connedit Business Solutions Private Limited & Anr.
VKC Nuts Private Limited filed a petition under Section 57 of the Trade Marks Act, 1999 before the Delhi High Court seeking cancellation of trademark registration No. 6656555 in Class 29 held by Connedit Business Solutions Private Limited. During proceedings, Respondent No. 1 voluntarily agreed to withdraw the impugned registration, while reserving its right to enforce common law rights through separate legal proceedings. The Court accepted the respondent's statement as binding and disposed of the petition accordingly.
Amar Tulsiyan, Proprietor of M/s Wizard Fragrances v.Corona Plus Industries Limited
This is an ex-parte judgment in a trademark and copyright infringement suit filed by Amar Tulsiyan, proprietor of M/s Wizard Fragrances, against Corona Plus Industries Limited. The plaintiff alleged that the defendant issued groundless threats through legal notices and letters regarding the plaintiff's trademarks SHUDH, SHUDH PLUS, and SHUDH PLUS ULTRA LABEL used in relation to supari, pan masala, gutkha, and related goods. The court ruled in favor of the plaintiff, declaring the threats illegal and granting a permanent injunction restraining the defendant from using identical or deceptively similar marks, though no damages were awarded due to lack of evidence.
M/s. RSPL Health Private Limited v.Sainus Pharmaceutical Private Limited
M/s. RSPL Health Private Limited, part of the RSPL Group, sued Sainus Pharmaceutical Private Limited for trademark infringement under Sections 134 and 135 read with Section 29 of the Trade Marks Act, 1999. The plaintiff claimed prior adoption and registration of the trademark 'UDAN' in Class 05 for sanitary napkins (Registration No. 1595657, dated 29.08.2007), while the defendant used the deceptively similar mark 'UDAAN' for pharmaceutical products. Since the defendant failed to appear, the court rendered an ex-parte judgment granting a permanent injunction, restraining the defendant from using the impugned mark, and ordering delivery up of infringing goods for destruction, though no damages were awarded due to lack of evidence.
Haw Par Corporation Limited v.Rangoon Chemicals Works Pvt. Ltd. & Ors.
This matter concerns an application (GA-COM/1/2026) filed by Haw Par Corporation Limited on 5th August, 2026, seeking restoration of its earlier application (IPDATM 252 of 2023), which had been dismissed for default by an order dated 27th November, 2024. Before the Calcutta High Court's Intellectual Property Rights Division, the Court noted that service of the restoration application was not yet complete. The matter was directed to appear in the monthly list of October, 2026.
Haw Par Brothers International Limited v.Rangoon Chemicals Works Pvt. Ltd. & Ors.
This is an order of the Calcutta High Court (Intellectual Property Rights Division) in an interlocutory application (IA No. GA-COM/1/2026) filed in the main proceeding IPDATM/249/2023. The petitioner, Haw Par Brothers International Limited, sought restoration of the main application, which had been dismissed for default by an order dated 27th November, 2024. The court noted that service of the restoration application, filed on 7th August, 2026, was not yet complete and directed the matter to appear in the monthly list of October, 2026.
M/S KRBL Limited v.M/S J.R. Rice India Pvt. Ltd. and Another
The Plaintiff, M/S KRBL Limited, filed a suit seeking a permanent injunction against the Defendants from using the trademark 'ROYAL GATE' with the device of 'INDIA GATE' on the ground of passing off, since the INDIA GATE mark was unregistered at the time of filing. During the pendency of the suit, the Plaintiff acquired registered rights in the INDIA GATE trademark (No. 599833 in Class 30) via an Assignment Deed dated 06.08.2019, and the mark was subsequently declared a well-known trademark. The Plaintiff sought to amend the plaint under Order VI Rule 17 CPC to incorporate the registration and well-known status and add a claim of infringement. The Court allowed the amendment application, subject to the Plaintiff paying Rs. 50,000/- to the Delhi High Court Advocates Welfare Trust, finding that the basic structure of the suit remained unchanged.
Metro Brands Limited v.Paul's Metro Shoe Shoppe & Ors. (Silas Paul Bandari, Xavier Paul Bandari, Murthy Anjali)
The Plaintiff, Metro Brands Limited, proprietor of the registered and prior-used trademark 'METRO' used since 1955 in footwear, filed a praecipe seeking withdrawal of the present Commercial IP Suit (L) No. 21274 of 2026 along with connected Interim Application and Leave Petition, with liberty to institute a fresh and comprehensive suit. The Plaintiff cited the inadvertent non-follow-up of earlier 2021 proceedings (Commercial Suit No. 314 of 2021) and the need to comprehensively plead all material facts and subsequent developments as grounds for withdrawal. The Bombay High Court allowed the withdrawal with liberty to file a fresh suit, permitted refund of court fees, and disposed of the connected interim application and leave petition.
Metro Brands Limited v.Paul's Metro Shoe Shoppe & Ors. (Silas Paul Bandari, Xavier Paul Bandari, Murthy Anjali)
Metro Brands Limited, the proprietor of the registered and prior-used trademark 'METRO' (used since 1955 in relation to footwear), sought withdrawal of its 2026 commercial IP suit against Pauls Metro Shoe Shoppe and others with liberty to file a fresh suit. The plaintiff explained that an earlier 2021 suit (Commercial Suit No. 314 of 2021) against related defendants had inadvertently not been followed up, and the material facts of those earlier proceedings were not comprehensively incorporated in the present pleadings. The Bombay High Court allowed the withdrawal with liberty, permitted refund of court fees, and disposed of the connected interim application and leave petition.
Jyothy Labs Ltd. v.Dabur India Ltd.
Jyothy Labs Ltd. filed a commercial IP suit against Dabur India Ltd. for infringement and passing off of its registered trademarks containing the word 'NEEM' as the leading and essential feature, used in relation to toothpaste and dentifrices. The Plaintiff sought interim relief restraining the Defendant from using an impugned label mark that prominently featured 'NEEM'. The Bombay High Court allowed the Interim Application, holding that the Plaintiff had established a prima facie case of both infringement and passing off, and that the balance of convenience lay in its favour.
Bisleri International Private Limited v.Belaguli Mahalingegowda Kirankumar, proprietor of Kalabyraveshwara Mineral Water Industry
Bisleri International Private Limited filed a commercial IP suit against Belaguli Mahalingegowda Kirankumar, proprietor of Kalabyraveshwara Mineral Water Industry, alleging that the Defendant was manufacturing and selling packaged drinking water under the deceptively similar mark 'Bislie'. The Plaintiff contended that the Defendant had merely deleted the letter 'r' and interchanged the positions of 'e' and 'i' from the Plaintiff's registered trademark 'Bisleri', along with copying the artistic work, colour scheme, and trade dress. Despite service, the Defendant failed to appear, and the Court allowed the Interim Application and Leave Petition, granting ad-interim relief including injunction and appointment of a Court Receiver.
Bisleri International Private Limited v.Belaguli Mahalingegowda Kirankumar (proprietor of Kalabyraveshwara Mineral Water Industry)
Bisleri International Private Limited sued Belaguli Mahalingegowda Kirankumar, proprietor of Kalabyraveshwara Mineral Water Industry, for trademark infringement and copyright piracy arising from the defendant's use of the mark 'Bislie' on packaged drinking water. The Bombay High Court found a strong prima facie case that 'Bislie' was deceptively similar to the plaintiff's registered trademark 'Bisleri,' with the defendant having merely deleted the letter 'r' and rearranged 'e' and 'i.' The court granted ad-interim relief including injunctive relief and appointment of a Court Receiver to search and seize infringing goods.
Wipro Enterprises Private Limited v.The Deputy Registrar Trademarks, Office of Trademark Registry, Chennai
Wipro Enterprises Private Limited filed a writ petition under Article 226 of the Constitution of India seeking a direction to the Deputy Registrar of Trademarks to dispose of TM-P and TM-M applications filed in respect of four Assignment Deeds involving trademarks transferred from various parties to KKR Agro Mills Private Limited and subsequently to the Petitioner. The Madras High Court, without entering into the merits of the claim, directed the Respondent to take up and dispose of the applications on merits and in accordance with law within four weeks from the date of receipt of a copy of the order.
Vikrant Chemico Industries Pvt Ltd v.PCMX Hygiene Products Pvt Ltd and Anr
This is an order sheet from the Intellectual Property Rights Division of the Calcutta High Court in a matter relating to a trade mark dispute. The court, on the prayer of the review applicant, peremptorily extended the time to file a supplementary affidavit till 17th August, 2026, and granted liberty to the respondents to file a rejoinder to the supplementary affidavit by 28th August, 2026. The matter was directed to appear in the monthly list of September, 2026.
Manash Lifestyle Private Limited v.Wella International Operations Switzerland SARL & Anr.
The petitioner, Manash Lifestyle Private Limited, filed a petition under Section 57 of the Trade Marks Act, 1999 seeking cancellation of the trademark ULTIME REPAIR registered in favour of Respondent No. 1 in Class 03 under registration No. 5918380. The parties entered into a Settlement Agreement dated 17.07.2026, and the petitioner filed an application under Section 151 CPC to take the settlement on record and direct removal of the trademark entry. The Delhi High Court allowed the application, took the settlement on record, and directed Respondent No. 2 to remove the trademark from the Register of Trade Marks within four weeks.
Manash Lifestyle Private Limited v.Wella International Operations Switzerland Sarl & Anr.
The Petitioner, Manash Lifestyle Private Limited, filed an application under Section 151 CPC seeking to place on record a Settlement Agreement dated 17.07.2026 executed with Respondent No. 1, and to direct Respondent No. 2 to remove the trademark 'ULTIME SMOOTH' (Registration No. 6343131 in Class 03) from the Register of Trade Marks. The Court found the settlement terms to be lawful and allowed the application. Consequently, the petition filed under Section 57 of the Trade Marks Act, 1999 was allowed, and the registration of the trademark 'ULTIME SMOOTH' in favour of Respondent No. 1 was cancelled, with Respondent No. 2 directed to remove the entry from the Register within four weeks.
Parle Products Pvt Ltd v.The Registrar of Trade Marks & Anr.
This Letters Patent Appeal was filed by Parle Products Pvt Ltd challenging the order dated 10.03.2026 of the Single Judge, which had dismissed the appellant's challenge to the Registrar of Trade Marks' order dated 29.04.2025 allowing respondent no.2's application for registration of the trademark '20-20' in Class 30. The appellant claimed to be the prior adopter and registered proprietor of the marks '20-20', 'TWENTY-20' and 'T20' and alleged deceptive similarity with respondent no.2's mark. The Division Bench dismissed the appeal, holding that the appellant was guilty of approbation and reprobation since it had obtained its own registrations by asserting its marks were distinct from respondent no.2's mark, and could not now claim deceptive similarity to challenge the latter's registration.
Hamilton Housewares Pvt Ltd And Anr v.Yogi Products
This was a Commercial IP Suit filed by Hamilton Housewares Pvt Ltd and another against Yogi Products concerning alleged infringement of trade dress and copyright relating to pickle containers. The Plaintiffs marketed their product as 'Milton Pickle Container' while the Defendants sold a competing product called 'Apex Pickle Container'. The parties settled all disputes through Consent Terms executed during the hearing, with the Defendant submitting to a decree on admission restraining it from manufacturing, marketing, or selling products under the impugned trade dress, artwork, or packaging deceptively similar to the Plaintiffs' products.
Jagdish Dahyalal Patel v.Anchor Consumer Products Private Limited
This appeal challenged an ex-parte ad-interim injunction order dated 26.05.2026 restraining the Appellant from using the mark 'DYNAFRESH' for air fresheners, on the ground that it was deceptively similar to the Respondent's registered trademark 'DYNA' used for soaps and personal care products since 1999. The Appellant contended that the Respondent suppressed material facts, namely 45 GST paid tax invoices evidencing use of 'DYNAFRESH' since June 2021. The Division Bench of the Delhi High Court dismissed the appeal, holding that there was no suppression of material facts and that the Appellant's earlier trademark application for 'DYNAFRESH' had already been refused by the Registrar on 29.07.2024 on grounds of conflict with the Respondent's mark and lack of bona fide adoption.
Hamilton Housewares Pvt Ltd And Anr v.Yogi Products
This was a commercial IP suit filed by Hamilton Housewares Pvt Ltd and Anr against Yogi Products concerning alleged infringement of trade dress and copyright relating to pickle containers. The plaintiffs marketed their product as 'Milton Pickle Container' while the defendants sold a competing 'Apex Pickle Container' with allegedly similar trade dress and packaging. The parties settled all disputes through Consent Terms executed on the date of hearing, with the defendant submitting to a decree on admission restraining them from manufacturing, marketing, or selling the impugned product.
SAPAT International Private Limited v.Niravi Consumer LLP and Ors.
This trademark infringement and passing off suit was filed by SAPAT International Private Limited against NIRAVI Consumer LLP and related defendants, alleging that the defendants' use of the mark 'SAPAT' on tea products and at retail outlets constituted infringement of the plaintiff's registered trademark in Class 30 and passing off. The defendants, partnership firms involving Ritu Nikhil Joshi and Nikhil Joshi (a director of the plaintiff company), marketed tea under the brand 'NIRAVI' while displaying 'SAPAT' on signages and hoardings. The Bombay High Court found that the defendants' use of signages and invoices infringed the plaintiff's registered trademark, but dismissed the application alleging violation of the earlier order dated 28th January, 2025, holding that the restriction was confined to packaged tea and the defendants were selling loose tea.
Ads Spirits Pvt. Ltd. v.The Registrar of Trade Marks
Ads Spirits Pvt. Ltd challenged the Registrar of Trade Marks' order dated 30.10.2025 refusing registration of the trademark 'OFFER' in Class 33 for alcoholic beverages under Section 9(1)(a) of the Trade Marks Act, 1999. The Appellant contended that the impugned order was non-speaking, showed non-application of mind, and applied the wrong legal test by requiring uniqueness rather than assessing distinctiveness. The Delhi High Court quashed the impugned order, holding that the Respondent applied the incorrect test under Section 9(1)(a) and failed to properly examine whether the mark was arbitrary and capable of distinguishing alcoholic beverages, directing reconsideration within four months.
Ultratech Cement Ltd And Anr v.Shaktishali Cement Pvt Ltd
This is an interim order in a commercial IP suit filed by Ultratech Cement Ltd and another against Shaktishali Cement Pvt Ltd for trademark infringement. The plaintiff's witness was examined, affidavit of evidence was recorded, and documentary evidence was marked as exhibits. Given that the suit was undefended, the Court Receiver was directed to destroy the seized goods, and the matter was adjourned for final hearing.
Bagzone Lifestyles Private Limited v.Shweta Agrawal
Bagzone Lifestyles Pvt. Ltd., the proprietor of the registered trademark 'LAVIE' and its formative marks including 'LAVIE LUXE' and 'LAVIE SPORT', filed a commercial IP suit against Shweta Agrawal for trademark infringement. Despite being served, the Defendant failed to appear or file any reply, leading the Court to treat the Plaintiff's contentions as uncontroverted. The Bombay High Court allowed the Leave Petition and granted ad-interim relief, including the appointment of a Court Receiver and an Additional Special Receiver to seize and seal infringing goods at the Defendant's premises in Agra, Uttar Pradesh.
Bagzone Lifestyles Private Limited v.Shweta Agrawal
Bagzone Lifestyles Pvt. Ltd., the proprietor of the registered trademark 'LAVIE' and its formative marks including 'LAVIE LUXE' and 'LAVIE SPORT', filed a commercial IP suit against Shweta Agrawal for trademark infringement. Despite being served, the Defendant failed to appear before the Bombay High Court. The Court allowed the Leave Petition and granted ad-interim relief, appointing a Court Receiver and an Additional Special Receiver to search, seize, and seal infringing goods bearing the impugned trademark at the Defendant's premises in Agra, Uttar Pradesh.
Honasa Consumer Ltd v.Visage Beauty And Health Care Pvt Ltd
The Delhi High Court allowed a petition filed by Honasa Consumer Ltd seeking rectification of the trademark 'D-TAN' registered in favor of Visage Beauty And Health Care Pvt Ltd. The court held that the mark 'D-TAN' is descriptive and not registrable under the Trade Marks Act, 1999. The registration of the mark 'D-TAN' was cancelled, and the Registrar of Trade Marks was directed to remove the registration from the Register of Trade Marks.
Renee Cosmetics Private Limited v.Ms. Rupali Sharma & Anr
The Delhi High Court allowed the petition filed by Renee Cosmetics Private Limited and directed the Registrar of Trade Marks to cancel the registration of the mark 'GLASS SKIN' granted in favour of Ms. Rupali Sharma. The court held that the term 'GLASS SKIN' is generic and descriptive of the goods, and therefore, cannot be monopolized by any party. The respondent had filed a trademark application for the mark 'GLASS SKIN' in Class-03 on a 'proposed to be used basis' and was granted a registration certificate, which was challenged by the petitioner.
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