FMCG — India Patent Cases
614 decisions indexed
Page 16 of 21 · 614 total
M/s.Kaleeswari Refinery Pvt.Ltd. v.M/s.Kasthuri Traders
M/s.Kaleeswari Refinery Pvt.Ltd filed a suit against M/s.Kasthuri Traders alleging infringement of its registered trademarks ('Gold Winner') and copyrights related to packaging for sunflower oil. The plaintiff sought permanent injunctions, damages, and accounting of profits due to the defendant's use of the deceptively similar mark 'Kasthuri Gold'. Both parties ultimately reached an amicable settlement.
Hotel Panchavati And Anr. v.Hotel Panchavati Pure Veg Family Restaurant and Ors.
The suit was filed regarding the infringement and passing off of the Plaintiff's registered trade marks, PANCHAVATI / PANCHAVATI GAURAV. The Bombay High Court granted leave to the plaintiffs and decreed the suit, issuing a perpetual injunction against the defendants.
Unilever Plc v.Glint Cosmetics Pvt. Ltd.
The Plaintiffs, Unilever Plc, sought interim relief against the Defendant, Glint Cosmetics Pvt. Ltd., alleging infringement and passing off concerning their registered trademarks SUNSILK and CLEAR in the personal care industry. The court granted temporary injunctions restraining the defendant from using similar marks and ordered disclosure of relevant documents.
Asian Paints Ltd. v.A1 Colours Paints
Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its registered trade marks APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints.
Asian Paints Ltd. v.A1 Colours Paints
Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its trade marks APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints.
Asian Paints Ltd. v.A1 Colours Paints
Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its registered trademarks, APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints, issuing perpetual injunctions against the defendant's use of similar marks (APEXS and ROYAL) on paint products.
Hindustan Unilever Limited v.National Chemical Works
Hindustan Unilever Limited filed a suit against National Chemical Works alleging infringement of its well-known trade mark 'SUNLIGHT' and its copyright in the associated artistic packagings. The court granted leave under the Letters Patent Act, decreed the suit, and passed permanent injunctions against the defendant.
Hindustan Unilever Limited v.National Chemical Works
Hindustan Unilever Limited filed a suit against National Chemical Works alleging infringement of its registered trademarks (SUNLIGHT) and copyright in artistic packagings. The court granted permanent injunctions restraining the defendant from using similar marks ('SOOLIGHT') and reproducing the copyrighted trade dress on detergents.
Unza International Limited / Cavinkare Private Limited (depending on the suit) v.Cavinkare Private Limited / Wipro Limited (depending on the suit)
This Madras High Court judgment, dated November 15, 2018, resolved multiple complex trademark disputes involving Unza International and Cavinkare Private Limited against Wipro entities. The court decreed Civil Suit No. 1006 of 2009 in favor of Unza International regarding the 'ENCHANTEUR' mark, while simultaneously dismissing other related suits (C.S.Nos. 221 & 222) and closing associated writ petitions based on a compromise memo signed by the parties. The ruling highlights how litigation can conclude through negotiated settlements.
Skol Breweries Ltd. v.Som Distilleries And Breweries Ltd.
This appeal was filed by Skol Breweries Ltd. (now Sab Miller) seeking a temporary injunction against Som Distilleries And Breweries Ltd., alleging that the latter was using bottles bearing the appellant's registered design for their product, 'BLACK FORT.' The plaintiff claimed this constituted infringement and passing off of its beer, 'HAYWARDS 5000.' However, the High Court dismissed the appeal, finding no substance in the request for an injunction at that stage.
Pradeep Cholayil & Cholayil Private Limited v.Karnataka Soaps And Detergent Limited
The Madras High Court confirmed the existing interim injunction in favor of Pradeep Cholayil and Cholayil Private Limited against Karnataka Soaps And Detergent Limited. The court found that the defendant's use of 'MYSOAP' was deceptively similar to the applicants' registered trademark 'MYSOP' for cosmetic soaps, constituting infringement and passing off. The injunction was confirmed post-contest and ordered to operate for a period of one year, allowing the main suit to proceed expeditiously.
S.Sudhakar & Shri Lakshmi Agro Foods Pvt.Ltd. v.M/s.Udayam Marketing
The Madras High Court ruled in favor of the plaintiffs, S.Sudhakar and Shri Lakshmi Agro Foods Pvt.Ltd., against M/s.Udayam Marketing regarding trademark infringement and passing off of 'UDHAIYAM'. The court granted a perpetual injunction restraining the defendant from using an identical or deceptively similar mark for food products like Asafoetida Powder. Furthermore, given the decade-long litigation period and the defendant's non-appearance, the court awarded substantial compensatory costs to the plaintiffs.
Hotel Panchavati Gaurav v.Anviti Foods And 2 Others
Hotel Panchavati Gaurav filed an IP suit against Anviti Foods and others alleging infringement of its registered trademarks and copyright related to the name PANCHAVATI GAURAV. The Bombay High Court granted perpetual injunctions restraining the defendants from using the infringing marks and ordered the defendants to pay Rs. 12,00,000/- towards costs/damages.
Hindustan Unilever Limited v.S.G.K. Industries
Hindustan Unilever Limited filed a suit against S.G.K. Industries alleging infringement and passing off related to its 'SPLAT' trade mark used in detergent preparations. The Bombay High Court granted an interim injunction restraining the defendant from using the infringing marks pending final disposal of the suit.
Hindustan Unilever Limited v.S.G.K. Industries
Hindustan Unilever Limited filed a Notice of Motion against S.G.K. Industries alleging infringement and passing off related to the 'SPLAT' trade mark used for detergent preparations. The Bombay High Court granted interim injunctions restraining the defendant from using any identical or deceptively similar marks, pending final disposal of the suit.
Hotel Panchavati Gaurav v.Saikadam Foods And Beverages Pvt. Ltd.
Hotel Panchavati Gaurav filed an IP suit against Saikadam Foods And Beverages Pvt. Ltd. for infringing its registered trademarks and copyrights associated with the name PANCHAVATI GAURAV. The Bombay High Court granted leave, decreed the suit, and passed a perpetual injunction restraining the defendant from using similar marks or labels.
Hindustan Unilever Ltd. v.Rds Industries
Hindustan Unilever Ltd. filed an IP Suit against Rds Industries alleging infringement of its registered trademarks, specifically the 'Device of SPLAT' mark used in detergent preparations. The court granted leave and passed an order restraining the defendant from using any identical or deceptively similar marks pending the final hearing of the suit.
Dart Industries Inc & Anr v.Polyset Plastics Pvt Ltd & Ors
Dart Industries Inc filed a suit alleging infringement of its registered designs for bottles and caps. The plaintiff claimed that the defendant was selling products identical or obvious imitations of their protected designs, including the Aqua Safe bottle and Eco Flip Top bottle. The court examined the prima facie case, irreparable loss, and balance of convenience before deciding on the interim relief. Consequently, the court allowed the injunction application for the plaintiff while dismissing other related applications.
Dart Industries Inc & Anr v.Polyset Plastics Pvt Ltd & Ors
Dart Industries Inc filed a suit alleging infringement of its registered designs for bottles and caps (Aqua Safe and Eco Flip Top) against Polyset Plastics Pvt Ltd. The plaintiff demonstrated that their unique and popular product designs were being imitated by the defendant. The court examined the prima facie case, irreparable loss, and balance of convenience before deciding on interim relief.
Lt Foods Limited v.Heritage Foods (India) Limited
The Delhi High Court stayed a trademark infringement suit filed by Lt Foods Limited against Heritage Foods (India) Limited. The stay was granted because both parties had pending cancellation/rectification applications concerning their respective 'HERITAGE' trademarks before the Intellectual Property Appellate Board. Crucially, the court clarified that while the main suit is stayed under Section 124 of the Trade Marks Act, this does not prevent the plaintiff from pursuing urgent interlocutory relief, such as an injunction.
New Hope Industries Pvt. Ltd. v.Pioneer Bakeries (P.) Ltd.
New Hope Industries challenged the Intellectual Property Appellate Board's decision to rectify its trademarks, Milka Wonder Cake. However, before the Madras High Court could rule on the validity of the marks, both parties entered into a Dispute Settlement Agreement (MOU) dated March 26, 2018. Consequently, the court dismissed the Writ Petitions as withdrawn, resolving the dispute outside of judicial decree.
Dabur India Ltd. v.Vaidya Nandram Gigraj Chamria
Dabur India Ltd. filed a suit against Vaidya Nandram Gigraj Chamria alleging infringement of copyright, design rights, and passing off related to its popular brand HAJMOLA Anardana. The plaintiff contended that the defendant was manufacturing and marketing 'KARORPATI Anardana' using packaging and trade dress deceptively similar to its own. After proceeding ex-parte due to the defendant's non-appearance, the court found that the plaintiff successfully proved a likelihood of confusion leading to passing off.
Marico Ltd. v.Mrs. Jagit Kaur
Marico Ltd. appealed against the Copyright Board's dismissal of its rectification petition, challenging Mrs. Jagit Kaur's copyright registration for the 'NIHAL UTTAM' label. The court found that the Respondent's artistic work was not original but a substantial and colorful imitation of Marico's established 'NIHAR COCONUT OIL' label. Given this clear infringement and lack of originality, the High Court set aside the Board's judgment.
Societe Des Produits Nestle S.A & Anr v.Shree Shankeshwar Utensils & Appliances Pvt Ltd
The Delhi High Court allowed Nestle's application seeking a stay of its trademark infringement suit against Shree Shankeshwar Utensils. The core issue was whether filing a rectification petition before the Intellectual Property Appellate Board (IPAB) regarding the validity of the 'MAGGISUN' mark required prior permission from the Civil Court, even while the main suit was pending. Citing Supreme Court precedents, the court held that approaching the IPAB for rectification is an independent statutory right and does not require leave from the civil court. Consequently, the infringement proceedings were stayed until the IPAB decides on the validity of 'MAGGISUN'.
Kleenage Products (India) Pvt.Ltd v.The Registrar Of Trade Marks And Anr
The Bombay High Court ruled in favor of Kleenage Products, directing the Registrar of Trade Marks to restore and renew the trademark 'KLITOLIN'. The core issue was whether the mandatory prior notice (Form O-3) under Section 25(3) of the Trade Marks Act, 1999, had been issued before the mark's removal. Since the respondents could not provide documentary evidence proving the issuance of this critical notice, the Court held that the removal was illegal and allowed the petitioner to renew the trademark.
Kellogg Company v.Pops Food Products (P) Ltd.
The Delhi High Court dismissed Kellogg Company's appeal against the Intellectual Property Appellate Board's decision to remove its 'POPS' trademark from the register. The core issue was non-use, as the petitioner failed to provide evidence of bona fide use in India since 1989, despite claiming international adoption and goodwill. The court upheld the IPAB's finding that a prolonged lack of domestic commercial activity negates the right to maintain registration under Section 47 of the Trademarks Act.
Maja Cosmetics & Anr v.Oasis Commercial Pvt. Ltd.
Maja Cosmetics filed a suit alleging that Oasis Commercial Pvt. Ltd. was infringing its registered trademark 'VI-JOHN' in relation to alcoholic beverages. The court ultimately found that the defendant's use of 'V-JOHN' was deceptive and infringed upon the plaintiff's mark, passing a decree in favor of Maja Cosmetics.
M/S All Well Formulations v.M/S Swathi And Co.
The Karnataka High Court dismissed a miscellaneous first appeal, upholding the trial court's grant of temporary injunction in favor of M/S All Well Formulations. The dispute centered on the alleged infringement of the plaintiff's registered trademark 'Turky Plus Olive Oil' and its unique tin design by the defendant. The court found that the marks were deceptively similar, noting that the plaintiff's current suit was based on a registered mark, unlike a previous unsuccessful attempt concerning an unregistered mark. Consequently, the trial court was directed to expedite the final decision of the underlying infringement suit.
Bhushan Goyal (Proprietor, Chanda Softy Ice Creams) v.Intellectual Property Appellate Board & Mars Incorporated
The Madras High Court dismissed a Writ Petition filed by Bhushan Goyal against the Intellectual Property Appellate Board and Mars Incorporated. The petitioner had sought to quash an order related to the renewal of a trademark registration granted to Mars Incorporated. However, before any substantive ruling on the merits, the petitioner voluntarily moved to withdraw the petition, leading to its dismissal.
Subhas Chand v.Mahesh Chandra Agrawal & Others
Subhas Chand, proprietor of M/s Panchhi Petha Store, filed a suit alleging that defendants were infringing his registered trademark and copyrighted labels by using 'New Panchhi Petha Store'. The court found that the defendant's use of similar colors, imagery (lady with umbrella), and trade name was intended to deceive consumers. Given the plaintiff's established reputation and goodwill in manufacturing quality sweets like Petha and Dalmoth, the appeal succeeded, upholding the finding of infringement.
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