FMCG — India Patent Cases
971 decisions indexed
Page 10 of 33 · 971 total
Asian Paints Limited v.Ajeet Kumar And Others
The Delhi High Court allowed Asian Paints Limited's application to implead numerous additional parties—including domain name registrars, banks, and telecom service providers—in its trademark infringement suit. The court found a prima facie case for the plaintiff, noting that fraudsters were using various digital channels (websites, phone numbers, bank accounts) to perpetuate the misuse of the 'ASIAN PAINTS' mark. Consequently, the existing injunction was expanded, and specific directions were issued compelling these third-party defendants to block infringing websites, freeze associated bank accounts, and suspend mobile numbers.
Hindustan Unilever Limited v.Fabs Industries
Hindustan Unilever Limited filed a suit against Fabs Industries for infringement of its trademarks ('SURF/SURF EXCEL', Splat logo) and copyrighted trade dress. The parties reached a settlement, which was formalized through Consent Minutes of Order.
Hindustan Unilever Limited v.Ishfaq Chemical Industries & Anr.
Hindustan Unilever Limited filed a suit against Ishfaq Chemical Industries for infringement of its trademarks and copyrights, including passing off. The parties reached a settlement agreement on March 28, 2024.
Karnataka Cooperative Milk Producers Federation Limited v.N.Ananda Trading as M/s.Nandhini
The Madras High Court allowed appeals filed by Karnataka Cooperative Milk Producers Federation Limited against the Trademark Registry's decision to dismiss its oppositions. The court found that while there was a similarity between the marks NANDINI and NANDHINI, the Registrar failed to exercise powers under Section 12 of the Trade Marks Act. Consequently, the opposition proceedings were remitted back to the Deputy Registrar with a direction to impose necessary conditions to allow both parties to peacefully co-exist in their respective businesses.
Wow Momo Foods Private Limited v.Wow Punjabi
The Delhi High Court disposed of a trademark infringement suit (CS(COMM) 253/2024) between Wow Momo Foods Private Limited and Wow Punjabi. The case, which sought permanent injunctions against passing off and unfair trade practices, was settled amicably by both parties. The court decreed the suit in favor of Wow Momo, based on the settlement terms, wherein Wow Punjabi acknowledged Wow Momo's exclusive ownership of the 'WOW' trademark and agreed to cease all use of similar marks.
Kaushalya Devi Sabu & Ors. v.Rajkumar Sabu
The Delhi High Court addressed a complex family dispute concerning the trademark 'SACHAMOTI' used for sabudana. The appeal challenged a lower court judgment that favored the respondent, holding that the appellants failed to prove prior use of the mark. Recognizing the contentious nature and the underlying familial connection to the brand creation, the Court directed that the status quo ante should be maintained until the final disposal of the appeal. This allows both parties to continue operating their businesses without claiming sole ownership.
Krbl Limited v.Rajesh Kejriwal Trading As Chemical Centre India And Anr.
In this ongoing trademark dispute, Krbl Limited sought permission to introduce several documents into the court record. The Delhi High Court allowed the admission of statutory and official records pertaining to the respondent, while rejecting other documents presented by the petitioner due to lack of relevance in the current proceedings. This order allows both parties time to prepare comprehensive written synopses detailing the chronological events and legal arguments for the final adjudication of the cancellation petition.
Everest Food Products Private Limited v.Everest Beverages And Food Industries & Anr.
This appeal before the Delhi High Court challenges an earlier order that set aside an opposition filed by Everest Food Products against a Trademark Application. The appellant argued that crucial documents were misplaced or not supplied to them, hindering their ability to present a full case regarding prior use and rights. While the court did not rule on the merits of the trademark dispute, it granted an adjournment to allow further submissions and document exchange.
Abhishek Kumar Goyal v.M/S Diyaa Enterprises & Anr.
The Delhi High Court allowed an appeal filed by the appellant against a Hearing Officer's decision in a trademark opposition case concerning detergent products. The court found that the original officer erred by comparing the respondent's mark with only the appellant's word mark, ignoring the appellant's prior device mark which was on record and presented during hearings. Consequently, the High Court set aside the impugned order and remanded the matter back to the Registrar of Trade Marks for a fresh, de novo hearing.
Waycool Food Products Private Limited v.Cheedalla Gopinath, Aditya Rice Enterprises, Sree KVR Industries
Waycool Food Products Private Limited filed a civil suit against several defendants alleging passing off, copyright infringement, and misuse of its distinctive trade dress and logo in the packed rice market. The plaintiff sought permanent injunctions and damages for the alleged violations. Ultimately, both parties reached a Memorandum of Compromise on February 17, 2024, leading to the court decreeing the suit while noting that the plaintiff had waived the claim for monetary damages.
Sunil Dutt Trading As Kilter v.Pro Muscle Science & Anr.
The Delhi High Court addressed the dispute between Kilter (owner of 'MUSCLE SCIENCE') and Pro Muscle Science regarding trademark infringement in the dietary supplement market. The court found that the Defendants' use of marks like 'PRO MUSCLE SCIENCE' was highly likely to cause consumer confusion, as the Plaintiff's registered mark is entirely incorporated into the competing names. Consequently, the existing interim injunction favoring the Plaintiff was confirmed. While the matter proceeds toward mediation, the ruling strongly affirms the protection afforded to established trademarks against similar competitors.
Gemini Edibles And Fats India Limited v.Lv Bhavani Sankar
The Delhi High Court granted an ex-parte ad interim injunction in favor of Gemini Edibles And Fats India Limited against Lv Bhavani Sankar. The dispute centered on the alleged infringement of the Plaintiff's registered trademark 'FREEDOM' by the Defendant's use of 'FREEDAY' for refined sunflower oil. Crucially, the Court noted that the Defendant's mark had previously been cancelled by the IPAB due to deceptive similarity. Given the near-identical packaging and the concern over food safety standards, the court found a prima facie case existed, restraining the defendant from using the infringing mark until further proceedings.
Joy Creators Llp v.Bath And Body Works Brands Management Inc.
The Delhi High Court directed both parties to engage in mandatory pre-litigation mediation regarding a trademark infringement dispute concerning the use of 'JOY'. The plaintiff sought an injunction against Bath & Body Works for alleged passing off and trademark infringement. However, the court noted that the defendants had previously proposed a resolution, suggesting they would only sell the product through their own branded stores to avoid confusion, and were willing to refrain from filing trademarks on 'JOY' as a descriptive term. Given these discussions, the Court mandated mediation to explore an amicable settlement before proceeding with litigation.
PepsiCo, Inc. v.Majji Suresh
PepsiCo successfully petitioned the Madras High Court to strike off a confusingly similar trademark, 'PEPPS,' registered by Majji Suresh. The court found that the mark PEPPS bears striking phonetic and visual resemblance to PepsiCo's globally recognized mark, PEPSI. Given PepsiCo's established reputation and well-known status of its brand, the court allowed the petition, directing the cancellation of the infringing registration.
Odi-Ray Industries Limited v.P.Krishnam Raju; The Registrar of Trade Marks
The Madras High Court dismissed the petition filed by Odi-Ray Industries Limited seeking the cancellation of the trade mark 'SPICE' (Registration No. 1091801). The court noted that despite being served with the Registry notice, the petitioner failed to appear and prosecute the matter before the court. Consequently, the petition was dismissed for default.
M/S. Serveshwar Food Products Pvt. Ltd. v.Mr. Sachin Gupta Trading As M/S Jai Balaji Grah Udyog & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S. Serveshwar Food Products Pvt. Ltd. against the Defendants for alleged trademark infringement and passing off related to the 'LACY' brand. The court allowed the Plaintiff to conduct a search and seizure operation at the Defendants' premises using Local Commissioners, aiming to prevent further unauthorized use of deceptively similar marks like 'LECY'. This order establishes strong preliminary protection for the Plaintiff's established goodwill in the FMCG sector.
Campus Activewear Limited v.Jqr Sports(India) Private Limited & Ors
The Delhi High Court initiated proceedings in Campus Activewear Limited vs Jqr Sports(India) Private Limited regarding alleged infringement of trademarks and designs related to shoes. The court formally registered the commercial suit and set out procedural timelines for filing written statements, replications, and affidavits of admission/denial. Furthermore, the urgent application seeking a permanent injunction was listed for further hearing, indicating that the core dispute over copying Campus's brand and design is moving forward.
Burberry Limited v.M/S Petrol Perfume & Ors.
In this trademark infringement suit, Burberry Limited filed a claim against M/S Petrol Perfume & Ors., alleging that the defendants' perfumes bearing 'MY PETROL' and 'MR. PETROL' marks were deceptively similar to Burberry's registered trademarks and trade dress. The Delhi High Court issued several procedural orders, including granting exemptions for document filing and directing the defendants to provide a detailed affidavit regarding all goods manufactured under the impugned marks. This order sets the stage for the full trial on infringement and passing off.
Gopaljee Foods v.Subhash Chand & Ors.
In Gopaljee Foods vs Subhash Chand & Ors., the Delhi High Court addressed ongoing trademark disputes, noting that an ex-parte ad interim injunction previously granted in favor of the petitioner regarding trademark infringement had been confirmed by a Coordinate Bench. The court also noted attempts by respondents to revive abandoned trademarks and make changes to user dates, requiring them to place supporting documentation on record for further consideration.
Khadi & Village Industries Commission v.Ms. Saraswati Devi And Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Khadi & Village Industries Commission against Ms. Saraswati Devi and others. The Plaintiff successfully demonstrated a prima facie case that the Defendants' use of 'KHADI BHANDAR' is deceptively similar to its registered KHADI Trademarks and Charkha Logos, leading to a strong likelihood of consumer confusion. This interim order immediately restrains the Defendants from using the infringing marks in relation to identical goods.
Shri Dhiraj Kumar v.R H Agro Overseas Pvt Ltd & Anr.
The Delhi High Court dismissed a petition filed by Shri Dhiraj Kumar against R H Agro Overseas Pvt Ltd. The petitioner had challenged an injunction granted by the District Judge, arguing procedural flaws related to pre-litigation mediation and statutory bars under the Trade Marks Act. The High Court ruled that since the parties had already engaged in and failed mediation, re-arguing the necessity of pre-institution mediation was untenable. Furthermore, the court rejected the petitioner's plea regarding appeal restrictions under the TM Act, allowing the original suit concerning trademark infringement and passing off to continue.
Villain Lifestyle Private Limited v.Mr. Vipul Dhankher
The Delhi High Court rejected the defendant's attempt to have the trademark infringement suit dismissed, upholding the maintainability of the case. The court recognized that the plaintiff's apprehension—based on the defendant's filings for registrations and oppositions using a similar mark 'VILEN'—constitutes a valid cause of action under the doctrine of quia timet. This ruling provides strong judicial backing for proactive IP protection against imminent infringement threats.
Tata Sons Private Limited & Anr. v.Malla Rajiv
The Delhi High Court ruled in favor of Tata Sons Private Limited & Anr. against Malla Rajiv for infringing on their trademarks and copyrights related to packaged drinking water. The court found that the defendant's use of 'JK COPPER+ WATER' was an unauthorized imitation, causing consumer confusion and diluting the plaintiffs' goodwill associated with brands like 'TATA COPPER+ WATER'. Consequently, the suit was decreed, granting permanent injunction, damages amounting to ₹ 10 lakhs, and recovery of actual legal costs.
Krbl Limited v.Praveen Kumar Buyyani & Ors.
The Delhi High Court allowed Krbl Limited's appeal, overturning a Commercial Court decision that had vacated an existing injunction. The court found that the respondent's use of 'Bharat Gate' for rice constituted clear infringement of the appellant's registered trademark 'India Gate.' Citing established legal precedents, the High Court held that prima facie evidence of infringement necessitates the continuation of the injunction to protect the goodwill and reputation of the original mark.
Bayona Spa v.Varun Exports & Ors.
The Delhi High Court disposed of a petition concerning a trademark dispute between Bayona Spa and Varun Exports & Ors. The court noted that the respondents had filed an application to withdraw the impugned mark before the Trademarks Registry. Consequently, the petitioner's relief was deemed infructuous, leading the court to issue directions for the Registrar of Trademarks to cancel the registration No. 4188398 in class 25.
Gujarat Co-Operative Milk Marketing Federation Ltd. v.Sarda Dairy & Food Products Limited
The Delhi High Court decreed the trademark infringement suit filed by Gujarat Co-Operative Milk Marketing Federation Ltd. (Amul) against Sarda Dairy & Food Products Limited. The judgment was reached after both parties entered into a comprehensive settlement agreement. Defendant No. 1 acknowledged that the plaintiff's trademarks and trade dress were valid, and undertook to cease all use of similar marks/labels. Consequently, the court upheld the terms of this settlement, granting relief to Amul.
A.D.Padmasingh Isaac & M/s.Aachi Masala Foods Private Limited, M/s.Flora Foods v.Karaikudi Aachi Biriyani Mandi, Zomato Limited, Swiggy India
The Madras High Court addressed a suit filed by A.D. Padmasingh Isaac and associated entities alleging trademark infringement and passing off by Karaikudi Aachi Biriyani Mandi, alongside online platforms Zomato and Swiggy. The plaintiffs sought permanent injunctions against the use of deceptively similar names like 'KARAIKUDI AACHI BRIYANI MANDI' and mandatory orders to remove these listings from digital platforms. While the judgment details the extensive claims for injunctions and removal, it does not provide a final conclusive ruling on all reliefs in this excerpt.
Hp Organic Foods Private Limited v.Shree Khatu Shyam Agro Foods & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Hp Organic Foods Private Limited against Shree Khatu Shyam Agro Foods & Ors. The court allowed procedural exemptions for the plaintiff, including filing additional documents and waiving pre-litigation mediation. Crucially, regarding the injunction application (Order XXXIX), the court noted the plaintiff's claims of extensive sales and deceptive similarity in the 'INDANA FRESH' brand used by the defendants. The court directed notice to the defendants and mandated them to maintain detailed accounts of their product sales.
United Foods Public Company Limited v.The Registrar of Trade Marks
The Madras High Court allowed United Foods Public Company Limited's appeal against the Registrar of Trade Marks' refusal to register its word mark 'YOYO'. The Registry had cited striking similarity to several existing marks. Recognizing that the appellant was willing to modify the application, the court remanded the matter back to the Respondent. The Appellant is now directed to amend the application into a label mark within eight weeks, allowing the Registrar to re-examine the modified mark.
Hindustan Unilever Ltd v.Azizur Rahaman And 4 Ors
The Bombay High Court allowed Hindustan Unilever Ltd's petition to combine its claims for passing off with those for trademark and copyright infringement. This strategic move aims to streamline litigation by consolidating multiple causes of action into a single proceeding. Consequently, the court expanded the existing ad-interim injunction, reinforcing the restraint on defendants from manufacturing or trading goods that deceptively resemble HUL's distinctive brands like Lakme and its associated artistic works.
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