FMCG — India Patent Cases
614 decisions indexed
Page 18 of 21 · 614 total
K. C. Das Pvt. Ltd. & Anr. v.K. C. Dass
The Calcutta High Court allowed an appeal filed by K. C. Das Pvt. Ltd., finding that the respondent, K. C. Dass, was engaging in passing off due to the use of a deceptively similar stylized mark. Although the defendant's business (readymade garments) was different from the plaintiff's (sweetmeats), the court held that adopting the same unique artistic style and font created sufficient confusion in the market. Consequently, the court set aside the lower court's order and granted an injunction preventing the respondent from using the plaintiff's distinctive stylistic presentation of its trade name.
M/s.Bade Miya v.Mubin Ahmed Zahurislam
The Bombay High Court granted an interim injunction in favor of M/s. Bade Miya against Mubin Ahmed Zahurislam, finding that the defendant's use of 'Wah Bademiyan' was deceptively similar to the plaintiffs' registered trademarks 'BADEMIYA'. The court emphasized the strong goodwill and reputation established by the plaintiffs over decades. While granting the injunction, the court allowed a two-week grace period for the defendant to change its trade name.
Ferrero Spa & Anr. v.Shri Maa Distribution (India) Pvt. Ltd. & Anr.
The Delhi High Court ruled in favor of Ferrero Group against the defendants for trademark infringement and passing off related to its iconic 'Ferrero Rocher' brand. The court found that the defendant had copied not only the registered word mark but also the unique trade dress, including the crushed gold wrapper and fluted cupcake holder. Given the well-known status of the Ferrero Rocher trademark, the adoption by the defendants was deemed fraudulent, leading to a permanent injunction against all infringing activities.
Talod Gruh Udyog v.Bahuchar Gruh Udyog
The Gujarat High Court disposed of an appeal challenging a trial court's rejection of interim relief in a trademark infringement case. Given the protracted nature of the dispute, the court directed the trial court to proceed with the main civil suit expeditiously, setting a deadline of December 31, 2011. Furthermore, the respondent was mandated to file half-yearly statements detailing the production and sales of the disputed products until the final disposal of the case.
Marico Limited v.J.K. Enterprises & Others
The dispute centered on whether J.K. Enterprises was passing off its coconut oil, sold under the name "Nihal," as that of Marico Limited (or its predecessor). The court examined the similarity between the two packaging designs and marks, concluding that the defendant's use was deceptively similar to the plaintiff's registered mark 'Nihar'.
M/S. Takkar (India) Tea Company v.Soongachi Tea Industries Pvt. Ltd.
The Delhi High Court ruled in favor of M/S. Takkar (India) Tea Company, setting aside an adverse decision by the Intellectual Property Appellate Board (IPAB). The core issue was whether the Petitioner’s trademark 'GOLD LEAF' for tea was deceptively similar to the Respondent’s registered mark 'SONA'. The Court emphasized that marks must be compared as a whole, rejecting the IPAB's approach of splitting 'GOLD LEAF' into 'GOLD' and comparing it only with 'SONA'. Furthermore, the distinct visual depiction of the two marks was noted as a key distinguishing factor.
Britannia Industries Ltd v.The Deputy Controller Of Patents & Designs & Anr.
Britannia Industries Ltd appealed an order from the Deputy Controller of Patents and Designs regarding the cancellation of a registered biscuit packet design. The appellant argued that the design lacked novelty due to prior publication in magazines and a textbook, which the Deputy Controller failed to consider.
Britannia Industries Ltd v.The Deputy Controller Of Patents & Designs & Anr.
Britannia Industries Ltd appealed an order from the Deputy Controller of Patents and Designs regarding the cancellation of a registered biscuit packet design. The appellant argued that the design lacked novelty due to prior publication in magazines and a textbook, which the Deputy Controller failed to consider during the initial proceedings.
Dabur India Limited v.Gautam Burman
Dabur India Limited filed a suit seeking permanent injunction against Gautam Burman and others for alleged infringement and passing off of its registered trade mark KESHRAJ (hair oil). The plaintiff claimed that the defendants were using the identical mark, causing public deception. However, the court ultimately held that it lacked territorial jurisdiction to entertain the claims regarding infringement and passing off.
Jolen Inc. v.Shobanlal Jain & Ors
The Delhi High Court ruled in favor of Jolen Inc., setting aside previous decisions by the Intellectual Property Appellate Board (IPAB) and the Assistant Registrar of Trade Marks. The court recognized that Jolen's mark had acquired significant trans-border reputation and goodwill due to its extensive international use, which spilled over into India. By establishing Jolen as the first party in both international and domestic markets, the High Court mandated the registration of the trademark for the Petitioner.
Servewell Products Pvt Ltd v.Dolphin
Servewell Products Pvt Ltd filed a suit against Dolphin, alleging infringement of its registered copyrights in artistic works and its registered design for serving trays. Initially, the court granted an interim injunction favoring Servewell based on prima facie evidence of copying. However, upon considering Dolphin's counter-arguments regarding the novelty and public disclosure of the design, the court found that Dolphin had a reasonably arguable case to challenge the registration. Consequently, both the injunction related to the artistic works and the design was vacated.
M/s. Karnataka Cooperative Milk Producers Federation Limited v.Vinod Kanji Shah & Nitin Kanji Shah
The Madras High Court allowed an appeal filed by Karnataka Cooperative Milk Producers Federation Limited against a trade mark office decision. The core issue was whether the first respondent's use of the identical word 'Nandini' for agarbattis and doops would cause confusion with the appellant's well-established milk product brand. The court ruled that due to the phonetic similarity and the exact matching style of writing, the offending mark is deceptively similar, thereby protecting the goodwill of the established dairy producer.
M/S. N.Ranga Rao & Sons v.Koya'S Perfumery Works
The appellant, a leading manufacturer of agarbathies, filed a suit claiming infringement of their registered trade mark 'WOODS' and copyrighted artistic work. The appeal challenged an order directing the respondent to change its trade mark usage. The court dismissed the appeal, finding that 'WOOD' is a publici juris ingredient for agarpathies, and noting differences in color scheme and font between the products.
Shabbir Medical Hall v.Mohammed Naseer
Shabbir Medical Hall filed a suit alleging that Mohammed Naseer infringed its registered trademark, 'ISPAHANI TEA,' by using the deceptively similar mark 'FAMILY TEA' along with an imitation color scheme and get up. The plaintiff sought permanent injunctions and damages for this alleged infringement. However, the Madras High Court ultimately dismissed the appeals, confirming a single judge's order that revoked the leave granted to the plaintiff. The court held that the plaint failed to establish any part of the cause of action within its local jurisdiction.
Pachranga Syndicate Pvt. Ltd. v.N. Kheri Gram Udyog Mandal & Anr.
The Delhi High Court addressed an interim injunction application filed by Pachranga Syndicate Pvt. Ltd. against N. Kheri Gram Udyog Mandal & Anr., concerning the alleged infringement of its trade mark 'Pachrangas Farm Fresh'. While declining to grant a blanket restraining order at that stage, the court issued several critical directions. These include mandating the defendant to maintain and file quarterly accounts of sales, allowing conditional use of certain design elements, and permitting the temporary use of 'CHAMPION PACHRANGA' to mitigate market confusion until the final trial.
Pachranga Syndicate Pvt. Ltd. v.Som Nath & Anr.
In this trademark dispute, the Delhi High Court addressed interim applications filed by both parties regarding alleged infringement and passing off of the 'Pachranga' mark. While declining to grant a definitive injunction at that stage, the court mandated an expedited trial. Crucially, it allowed the defendants to continue using their label under strict conditions—specifically requiring them to use different fonts/scripts and background colors to prevent market confusion, while also compelling them to maintain detailed quarterly sales accounts.
Siel Edible Oils Limited (Seol) v.M/S Khemka Sales (P) Ltd.
The Delhi High Court stayed a trademark infringement suit filed by Siel Edible Oils Limited against M/S Khemka Sales (P) Ltd. The core issue was that both parties claimed ownership of the same registered trademark, 'DCM No.1'. Citing Section 124 of the Trade Marks Act, 1999, the court ruled that since a rectification application challenging the defendant's mark was pending, the infringement suit must be stayed until the outcome of the rectification proceedings is determined.
Arun Colour Chem & Ors. v.Mithumal Essance Mart & Anr
The Delhi High Court stayed a complex infringement suit involving trademark and copyright claims related to the 'SUN BRAND' food colour label. The core issue revolved around conflicting registrations, as the Defendant held valid marks that challenged the Plaintiff's claim. Given that both the trademark and copyright validity were subject to ongoing rectification proceedings, the court deemed it prudent to halt the litigation until those foundational issues were resolved.
M/S Surya Food & Agro Ltd. v.M/S Priya Gold Tea Company & Ors.
The Delhi High Court ruled in favor of M/S Surya Food & Agro Ltd., granting a permanent injunction against M/S Priya Gold Tea Company for trademark infringement and passing off. The court found that the defendant was dishonestly adopting the plaintiff's well-established mark 'PRIYAGOLD' and its slogan, causing consumer confusion. While the plaintiff succeeded in securing the injunction, the claim for damages was dismissed due to a lack of cogent evidence regarding the actual losses suffered.
Alberto-Culver Usa Inc. v.Nexus Health & Home Care (P) Ltd.
The Delhi High Court addressed the plaintiff's application for an interim injunction against alleged trademark infringement by Nexus Health & Home Care (P) Ltd. The court found a need to strike an equitable balance, issuing a mixed order. While restraining the defendant from using the infringing mark 'Nexxus' in relation to the goods covered by the plaintiff's trademarks, the court allowed the defendant to continue operating under its corporate name in specific states until the final disposal of the suit.
Reckitt Benckiser (India) Ltd v.Wyeth Limited
The dispute concerned an interim injunction sought by Reckitt Benckiser against Wyeth Limited for alleged infringement of their registered design for a 'perfect touch' spatula used with Veet hair removal cream. The court examined whether the design was novel, finding prima facie evidence that the design had been published abroad prior to its Indian registration date.
Reckitt Benckiser (India) Ltd v.Wyeth Limited
The suit concerned the infringement of Reckitt Benckiser's registered design for an S-shaped spatula used with its Veet hair removal cream. The defendant challenged the validity of this registration, arguing that the design was published abroad prior to the Indian filing date. The court found prima facie evidence that the design had been publicly available before 05.12.2003.
Perfetti Van Melle S.P.A. v.Shankarlal Dhingra
Perfetti Van Melle S.P.A. filed a suit alleging infringement of its copyrighted trade dress and artistic work on its 'Center Fresh' chewing gum packaging by a competitor using the 'Super Mint' brand. The plaintiff claimed that the defendant's wrapper was deceptively similar, constituting both copyright infringement and passing off. However, the Delhi High Court dismissed the suit, finding no substantial similarity in the art or color scheme between the two wrappers.
M/s.World Wide Brands Inc. v.Smt.Dayavanti Jhamnadas Hinduja, Smt.Janaki Madanlal Hinduja, Smt.Veena Rajendra Hinduja, Smt.Nalini Dinesh Hinduja (Trading as The Central Wearhouse) and The Assistant Registrar of Trade Marks
M/s.World Wide Brands Inc challenged the Intellectual Property Appellate Board's order allowing the registration of 'Camel Collection' by local partners trading as The Central Wearhouse. The petitioner argued that their global reputation and prior use entitled them to exclusive rights, while the respondents claimed long-standing continuous use in India since 1992. The Madras High Court upheld the appellate board's finding that the petitioner failed to provide sufficient evidence of commercial publicity within India.
Dabur India Ltd. v.Amit Jain & Anr.
Dabur India Ltd. appealed the dismissal of its application seeking interim injunction against Amit Jain and others who were manufacturing and selling hair oil products in bottles and caps deceptively similar to Dabur's registered designs. The core dispute revolved around infringement of registered industrial designs for packaging, specifically concerning whether foreign registrations could be used to challenge the novelty of the Indian design.
Beiersdorf A.G. v.Ajay Sukhwani & Another
Beiersdorf A.G. successfully sued Ajay Sukhwani & Another for passing off, asserting its rights over the well-known trademark NIVEA. The Delhi High Court found that the defendants' initial adoption of the mark was dishonest, thereby rejecting their pleas of delay and laches. Consequently, the court granted a permanent injunction, protecting Beiersdorf's brand integrity against unauthorized use by the defendants.
Parle Products Private Limited v.Surya Food & Agro Limited
Parle Products Private Limited appealed a single judge's order that revoked its leave to sue against Surya Food & Agro Limited. Parle alleged that Surya was pirating its registered biscuit packet designs, which were protected under the Designs Act, 2000. The lower court had denied leave based on jurisdictional concerns and lack of proof of sales within its area. However, the Madras High Court set aside this order, holding that since the suit involved questions of difficulty and importance, these matters could not be decided merely in an application to revoke leave.
Ashok Kumar Aggarwal And Ors. v.Rajinder Kumar Aggarwal & Ors.
The Delhi High Court addressed an appeal concerning the registrability of the surname 'AGGARWAL' as a trademark for sweets and namkeens. The court clarified that while a surname is prima facie not distinctive, it can be registered if evidence of acquired distinctiveness is provided. Crucially, the High Court found that the Intellectual Property Appellate Board (IPAB) had erred by focusing solely on establishing 'user' rather than addressing the core issue of distinctiveness under Section 9 of the Trade and Merchandise Marks Act. Consequently, the appeal was dismissed, and the matter was remanded to allow for a proper assessment of distinctiveness.
Mariappan v.A.R.Safiullah
This Madras High Court judgment addressed appeals concerning alleged infringement and passing off related to food-grade laminated paper resembling banana leaves. The plaintiff, Mariappan, claimed exclusive rights under Patent No. 198079 and a registered design. The court sustained the interim injunction favoring Mariappan, recognizing his established goodwill and potential irreparable loss. However, it noted that the concept was prima facie innovative rather than an invention, confirming the earlier order against A.R.Safiullah.
Nirma Limited v.Nirman Plast (India) Pvt. Ltd.
Nirma Limited appealed against the rejection of its three trade mark oppositions (AMD-190624, AMD-190625, and AMD-190626) filed against Nirman Plast's applications for 'NIRMAN'. Nirma argued that the opposition was timely despite receiving the Trade Marks Journal late. The IPAB ruled that based on the statutory requirement to use the date the Journal is made available to the public, the opposition was beyond the prescribed time limit and dismissed the appeal.
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