FMCG — India Patent Cases
614 decisions indexed
Page 10 of 21 · 614 total
Lotte India Corporation Ltd. v.Phan Nguyen Confectionery Corporation; Ajanthaa K.T.K Products
The Madras High Court addressed a trademark infringement and passing off suit filed by Lotte India Corporation against Phan Nguyen Confectionery Corporation and Ajanthaa K.T.K Products regarding the 'CHOCO PIE' mark. Despite the plaintiff alleging identical use of the mark, the court found that the plaintiff failed to adequately prove the infringement by the defendants. Consequently, the suit was largely dismissed on the core claims of trademark violation and damages.
Foodvista India Pvt. Ltd. v.The Registrar of Trademarks
The Madras High Court intervened in trademark applications filed by Foodvista India Pvt. Ltd., which were previously refused by the Trademark Registry on grounds of descriptiveness. The court found that the refusal orders were unreasoned and failed to consider the appellant's evidence of use and acquired distinctiveness, particularly under the proviso to Section 9(1) of the Trademarks Act. Consequently, the High Court set aside the impugned orders and remanded the matter back to the Registrar for reconsideration, mandating a reasoned decision based on all submitted evidence.
Iftikhar Alam v.M/S M.M.I. Tobacco Pvt. Ltd. And Another
The Allahabad High Court allowed an appeal filed by Iftikhar Alam, setting aside a prior temporary injunction granted against him by the District Judge. The court found that the trial judge failed to adequately consider crucial evidence, including documents suggesting the plaintiff's rights might have been abandoned or that the defendant was a prior user of the product. Consequently, the case has been remanded back to the trial court for a fresh and detailed hearing on the injunction application.
Pioneer Bakeries (P) Ltd. v.New Hope Food Industries Pvt. Ltd.
The Madras High Court disposed of multiple Original Petitions filed by Pioneer Bakeries (P) Ltd seeking cancellation of several trademarks. The court noted that both parties had reached a comprehensive Settlement Agreement dated March 26, 2018. This agreement defined specific usage rights for the 'MILKA' mark in Class 30, ensuring mutual non-infringement across various product categories. Consequently, the petitions were disposed of based on this existing compromise, avoiding a full judicial hearing.
Marico Limited v.Mathewsons Exports And Imports Pvt.Ltd
The Madras High Court ruled in favor of Marico Limited, directing the removal of the trademark 'KASTHOORI MANJAL' (Registration No. 1451234) from the register. The core issue was that the mark had not been renewed since April 26, 2016, and the statutory long stop date for renewal or restoration had expired. This decision underscores the critical importance of maintaining trademark registrations through timely renewals.
Hindustan Unilever Limited v.Sushil Prajapati
Hindustan Unilever Limited filed a Commercial IP Suit against Sushil Prajapati regarding the use of impugned marks SUPER SURF and Splat device. The parties subsequently settled their disputes, leading to the court decreeing the suit in favour of the Plaintiff.
Unilever Global Ip Limited v.Vikas Cosmetics
The parties to the Commercial IPR Suit arrived at a settlement on July 24, 2023. The suit was subsequently disposed of and decreed in favor of the Plaintiff based on the terms agreed upon in the Consent Minutes of Order.
Ttk Prestige Ltd. v.Gupta Light House
Ttk Prestige Ltd. filed a suit alleging that Gupta Light House infringed its registered cooker design (Registration No. 197906). The court found the plaintiff's design valid and maintainable, rejecting the defendant's claims regarding lack of novelty or prior publication. However, the court ruled against granting permanent injunction or delivery up of goods because the design had expired on September 13, 2019. Ultimately, the suit was decreed in favor of Ttk Prestige Ltd., directing the defendant to render accounts of earnings and awarding costs.
Unilever Global Ip Limited v.Vikas Cosmetics
The parties to the Commercial IPR Suit arrived at a settlement on July 24, 2023. The Defendant agreed to pay Rs. 75,000/- towards costs and full and final settlement, leading to the suit being disposed of and decreed in favor of the Plaintiff.
M/S. Hatsun Agro Product Limited v.H.Omar Farook and The Registrar of Trade Marks
M/S. Hatsun Agro Product Limited filed a petition seeking the cancellation and rectification of Trademark No. 2555577 in Class 25, arguing its invalidity or non-use. However, upon receiving an affidavit from the first respondent, H.Omar Farook, which confirmed that the trademark had expired on June 27, 2023, and that he would not renew it, the Madras High Court dismissed the petition as infructuous. This outcome highlights how a simple change in registration status can immediately resolve complex IP disputes.
Body Cupid Private Limited v.Mr Gaurav Bhadani
Body Cupid Private Limited filed a writ petition challenging the lower court's refusal to grant an ex-parte temporary injunction against Mr. Gaurav Bhadani. The core dispute revolved around alleged infringement of Body Cupid's 'WOW SKIN SCIENCE' trademark, trade dress, and registered design by the respondent using similar marks like 'WAW SKIN COSMO'. The Karnataka High Court ultimately disposed of the writ petition but extended the interim restraining order until the Trial Court could dispose of the underlying injunction application.
United Foods Public Company Limited v.The Registrar of Trademarks
United Foods Public Company Limited filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'YOYO' in Class 30. The appeal sought to set aside the refusal and allow the trademark application to proceed. However, before the court could rule on the merits of the case, the appellant voluntarily moved for withdrawal. Consequently, the Madras High Court dismissed the appeal as withdrawn.
Aasife Biriyani Pvt Ltd v.Greens Lands Restaurant
Aasife Biriyani Pvt Ltd filed a lawsuit against Greens Lands Restaurant, alleging infringement of its registered trademark (No. 3768877) and associated copyrights in relation to providing food services. The plaintiff sought permanent injunctions and damages for passing off and unauthorized use of the brand. However, during the proceedings, the parties reached an out-of-court settlement.
Sachin Gupta Trading As Gcmc Masala Co. v.Kbm Foods Pvt. Ltd.
The Delhi High Court dismissed the appeal filed by Sachin Gupta Trading As Gcmc Masala Co. against an interim injunction granted to Kbm Foods Pvt. Ltd. The court found that there was a high likelihood of confusion between the two parties' spice labels, particularly due to the use of similar marks and 'COW' devices. Despite the appellant's claims regarding prior use and copyright protection for their artwork, the court upheld the original order, finding that Kbm Foods had established a strong prima facie case for passing off.
Cadbury India Limited v.Gomathi Suresh
The Madras High Court dismissed a petition filed by Cadbury India Limited seeking to expunge Trademark No. 1050347 from the register. The court noted that the primary respondent, Gomathi Suresh, submitted that the trademark in question had already expired on October 8, 2021. Consequently, since the mark was no longer active, the petition became infructuous and was dismissed without further adjudication.
Radhakrishna Adiga v.M/s.Vasudeva Adigas Fast Foods Pvt Ltd
The Madras High Court dismissed a series of petitions filed by Radhakrishna Adiga against M/s. Vasudeva Adigas Fast Foods Pvt Ltd and the Registrar of Trademarks. The original petitions sought the removal or rectification of several trademarks registered under the name 'Vasudeva Adigas Fast Food Pvt Ltd.' However, the court noted that the petitioner had been instructed to withdraw all cases due to a settlement reached between the contesting parties.
Inter Ikea Systems Bv v.Br Retail India Private Limited And Anr.
The Delhi High Court granted an interim injunction in favor of Inter Ikea Systems Bv, finding that the defendants were likely infringing on IKEA's registered trademarks. The court ordered the defendant to immediately cease using the deceptively similar 'TIKEA/' mark across all goods and services. Furthermore, the judgment mandated the removal of any infringing material from the website www.tikea.in and directed the defendants to take steps to get such content taken down from third-party websites.
Carlsberg Breweries A/S v.Tensberg Breweries And Industries Pvt Ltd
The Delhi High Court addressed an application regarding the alleged expansion of business by Tensberg Breweries despite a prior injunction order. Carlsberg contended that Tensberg was willfully violating the court's restraint by applying for fresh excise licenses in new states using the restrained marks. The court found merit in Carlsberg's contention, leading to notice being issued to Tensberg and setting the matter for further arguments.
Holyland Marketing Pvt. Ltd. v.Vijay Pal Vineet Kumar And Co. And Ors.
The Delhi High Court allowed a petition seeking rectification of the Trade Marks Register, striking down a competitor's registration. The petitioner successfully argued that the respondent's mark and trade dress were deceptively similar to its own, despite minor differences in the names ('Golden Crown' vs 'Golden Queen'). Furthermore, the court noted that the respondent's application was ineligible for registration under Section 11(1)(b) due to the petitioner's prior priority of user and registration. This ruling reinforces the protection afforded to established trade dress and marks against confusingly similar imitations.
Rspl Limited v.Agarwal Home Products & Anr.
Rspl Limited challenged the registration of the word mark 'AGRAGHADIYAL' by Agarwal Home Products, arguing it was deceptively similar to their well-known brand 'GHADI'. The Delhi High Court examined the phonetic and visual similarities between the two marks. Ultimately, the court found that despite both words being related to time/clocks in Hindi, there was no sufficient similarity or likelihood of confusion for cancellation under Section 11 of the Trade Marks Act. Consequently, the petition seeking revocation was dismissed.
R.H Agro Overseas Pvt Ltd v.Sweety Jain, Proprietor Of Mahajan Foods & Ors
The Delhi High Court disposed of a petition filed by R.H Agro Overseas Pvt Ltd against Sweety Jain and others regarding alleged breach of an earlier court undertaking. The respondent parties provided a fresh, binding undertaking to the court, promising not to misuse the petitioner's registered trademark 'NAFIS' or its associated copyright in any manner. With both parties agreeing to this resolution, the court formally disposed of the pending litigation.
Pepsico Inc. v.Jagpin Breweries Limited
The Delhi High Court ruled in favor of Pepsico Inc., granting an absolute ad interim injunction against Jagpin Breweries Limited. The court found that the unauthorized use of 'MIRINDA' and its Hindi transliteration by the defendant, particularly in connection with country-made liquor, constituted trademark infringement and dilution. This decision underscores the strong protection afforded to well-known marks under Indian IP law, even when goods or trade channels differ.
A.D.Padmasingh Issac (Trading as Aachi Spices and Foods) v.Hariharan (Trading as Sruthi's Masala) & The Registrar of Trademarks
The Madras High Court dismissed the petition filed by A.D. Padmasingh Issac seeking the removal or rectification of Trademark No. 1759431 from the Register of Trademarks. The court noted that, subsequent to filing the suit, the trademark in question had already been removed from the register. Since the relief sought was no longer necessary due to this prior action, the petition was declared infructuous.
Russell E. Freebury v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Russell E. Freebury against the Registrar of Trade Marks' rejection of their trademark 'ZINKA'. The court noted that the goods covered by the appellant were distinct from those cited in opposition, and considering the long-standing use of the mark, it set aside the refusal order. Consequently, the application was allowed to proceed with a modified device mark, directing the Registry to process its registration.
Sirona Hygiene Private Limited v.Parulben Navnath Chothani Trading As Shiv Enterprise & Ors.
The Delhi High Court recorded a settlement between the Plaintiff, Sirona Hygiene Private Limited, and Defendant No. 1 in a trademark infringement suit concerning its 'SIRONA' brand. The settlement acknowledged Sirona's rights in both its registered mark and product packaging copyright. As part of the agreement, the infringing party agreed to cease using similar marks like 'SIROMA' and paid Rs. 65,000/-. Consequently, the suit was decreed against Defendant No. 1, who was then deleted from the array of parties.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Mr.K.Mangudithangaraj (Trading as Poonam Enterprises) v.Mrs. Thirumalsamy Shanthi & Mr. Karnan
This civil suit was filed by Mr. K. Mangudithangaraj, trading as Poonam Enterprises, against Mrs. Thirumalsamy Shanthi and Mr. Karnan for alleged trademark infringement and passing off related to the registered mark 'POONAM'. The plaintiff sought permanent injunctions and damages due to the defendants' use of the similar mark 'PUNITHAM'. However, despite multiple opportunities, the plaintiff failed to appear before the court on the date of judgment.
M/s Izuk Impex v.Kidar Kutubuddin Momin & Anr.
M/s Izuk Impex filed a suit for passing off and trademark infringement against Kidar Kutubuddin Momin and M/s Star Mehandi Cone regarding the use of similar trademarks. The plaintiff, owner of 'MOON & STAR' and related copyrights, successfully argued that the defendants were gaining unfair advantage by using deceptively similar marks in the mehandi business.
Beiersdorf Ag v.Rsh Global Private Limited & Anr.
This order addressed an application by Beiersdorf Ag alleging that Rsh Global Private Limited was disobeying previous court injunctions regarding the use of deceptively similar cosmetic packaging. The plaintiff pointed out that the defendant's product remained available on various e-commerce websites despite the existing restraint orders. The defendants countered, stating they were actively contacting these third-party sites to have the products removed. Given the complexity of enforcement across multiple online platforms, the court granted a short adjournment to allow further submissions on this critical issue.
S. N. Biri Factory Private Limited v.Mukesh Chand Khandelwal & Anr.
The Delhi High Court addressed a dispute concerning artistic works used in matchstick branding, where the Petitioner alleged that Respondent No. 1's new copyright was deceptively similar to their existing registered designs and trademarks. Despite the Deputy Registrar of Copyrights initially rejecting the objection, the Court found prima facie evidence suggesting imitation of unique features and misappropriation of phrases like 'शहे नशाह मािचस NO. 99'. Consequently, the High Court granted a stay on the effect of the impugned copyright registration while the matter proceeds.
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