FMCG — India Patent Cases
614 decisions indexed
Page 2 of 21 · 614 total
Shubham Goldiee Masale Pvt. Ltd v.Ashok Kumar & Ors
The Delhi High Court granted an injunction against the defendants for infringing the plaintiff's trademarks, copyrights, and artistic works. The court also exempted the plaintiff from pre-litigation mediation and effecting advance service. The defendants were directed to block and suspend the impugned website and preserve domain registration records.
Amber Nutrition Private Limited v.Ms. Neetu Choudhary & Anr
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Amber Nutrition Private Limited, restraining the defendants from using the trademark 'AMBER KREAM TOFFEE' or any other similar mark. The court found that the plaintiff had established a prima facie case of trademark infringement and that irreparable harm would be caused if the injunction was not granted. The defendants were directed to file an affidavit disclosing their sales and to provide an account of profits.
Himalaya Global Holdings Ltd & Anr v.Awadh Bihari Badal Proprietor Of Aloe Care Arogya Life & Anr
The Delhi High Court granted an ex parte ad interim injunction in favor of Himalaya Global Holdings Ltd, restraining the defendant from using the mark 'Liv-22' which is deceptively similar to the plaintiff's registered trademark 'Liv.52'. The court found that the plaintiff had made out a prima facie case for grant of interim injunction and that the balance of convenience lay in favor of the plaintiff. The defendant's use of the mark 'Liv-22' was likely to cause irreparable harm to the plaintiff's goodwill and reputation.
Fortune Marketing Private Limited v.Gujarat Pesticides & Ors.
The Delhi High Court revoked the impugned copyright registration of the artistic work/label/packaging titled ZOOOK in favor of Gujarat Pesticides & Ors. due to procedural flaws. The court found that the grant of copyright registration was procedurally flawed and deserved to be revoked. The original application filed by Respondent No.1 is revived for fresh consideration by Respondent No.2. The court has not expressed any opinion on the merits of the case.
Grm Foodkraft Pvt Ltd And Anr v.Ks Agro Impex And Anr
The Delhi High Court granted an injunction in favor of Grm Foodkraft Pvt Ltd, restraining Ks Agro Impex from selling Golden Sella Basmati Rice in packaging that is deceptively similar to the plaintiff's trade dress. The court found that the defendant's packaging was likely to cause confusion among consumers and harm the plaintiff's goodwill. The defendant is allowed to continue selling Golden Sella Basmati Rice using distinct and non-deceptive packaging. The case highlights the importance of protecting intellectual property rights, particularly in the FMCG sector.
Safex Chemicals India Limited v.Safex Seed India Llp & Anr
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Safex Chemicals India Limited, restraining Safex Seed India Llp & Anr from using the trademark 'SAFEX' in relation to agrochemical products. The plaintiff claimed to have adopted and used the trademark 'SAFEX' since 1991 and had established a substantial sales turnover and widespread advertising and promotion of its products under the trademark. The court allowed the plaintiff's application for an ex-parte ad-interim injunction, citing the plaintiff's prima facie case and the balance of convenience in its favor.
Dabur India Limited v.Emami Limited
The Delhi High Court has upheld an injunction against Dabur India Limited's product 'COOL KING THANDA TAEL' due to its deceptively similar trade dress to Emami Limited's Navratna Oil. The court found that the trade dress of Dabur's product was likely to mislead consumers and constitute passing off. The appeal by Dabur India Limited was dismissed, and the pending application was also dismissed. The court's findings are prima facie and subject to the final decision in the suit post-trial.
Danone Asia Pacific Holdings Pte. Ltd v.Manju Kumari Wife Of Sudhir Suman & Anr
The Delhi High Court allowed a petition filed by Danone Asia Pacific Holdings Pte. Ltd to cancel the registration of the trademark PROTRILEX, which was found to be deceptively similar to Danone's registered trademark PROTINEX. The court held that the registration of PROTRILEX was in violation of Section 11(1)(b) of the Trade Marks Act, 1999. The court directed the Registrar of Trade Marks to rectify the register within four weeks.
Select Citywalk Retail Private Limited v.Garg Realtech Private Limited
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Select Citywalk Retail Private Limited against Garg Realtech Private Limited, restraining the defendants from using the trademark 'CITYWALK' or 'GLOBAL CITYWALK'. The court also granted exemption from pre-institution mediation and advance service to the defendants. The plaintiffs claimed that the defendants were using a deceptively similar trademark, which could cause confusion among consumers.
Select Citywalk Retail Private Limited v.Gold Coast Developers Pvt. Ltd.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Select Citywalk Retail Private Limited against Gold Coast Developers Pvt. Ltd. for using a deceptively similar trademark. The plaintiff claimed that the trademark 'CITYWALK' is a unique mark adopted by them in 2004 and has become an industry standard for shopping malls and commercial spaces in India. The court allowed the plaintiff's application for exemption from filing original documents and advance service to the defendants.
Spalon India Private Limited v.Mrs Pooja Gupta Trading As B Bounce Salon
The plaintiff, Spalon India Private Limited, filed a suit against the defendant, Mrs Pooja Gupta Trading As B Bounce Salon, for alleged infringement of its registered trademark 'BOUNCE'. The parties reached a settlement and executed a memorandum of compromise, which was accepted by the court. The defendant agreed to a decree in terms of the remedies claimed by the plaintiff and paid a sum of Rs.30,000/- as costs. The parties also provided for payment of liquidated damages of Rs.10,00,000/- in the event of breach.
S.S. White Burs Inc v.The Registrar Of Trade Marks, & S.S. White Dental Private Limited
The Delhi High Court granted rectification of the respondent's trademark registration for 'S.S. WHITE' in Class 5 and Class 10, as the petitioner, S.S. White Burs Inc, had prior use and registration of the mark 'S.S. WHITE BURS INC' in Class 10. The court held that the respondent's use of the impugned mark was likely to cause confusion among consumers. The respondent was directed to file an affidavit indicating the quantity and batch number of the existing stock of products bearing the impugned mark and was allowed to dispose of the existing stock within a specified time frame.
Johnson Paints Co v.Johnson Paints Private Limited
The Patna High Court granted an interim injunction in favor of Johnson Paints Co, restraining Johnson Paints Private Limited from using the trademark 'JOHNSON' with prefixes and suffixes or any other trademark identical or deceptively similar to the plaintiff's trademark. The court found that the plaintiff had established a better common law right and that the defendant's use of the trademark would lead to dilution of the plaintiff's brand identity and cause deception of the public. The court also directed the learned Commercial Court to expedite the hearing of the suit.
Hatsun Agro Product Ltd v.Patanjali Biscuits Pvt Ltd and Patanjali Ayurved Ltd
Hatsun Agro Product Ltd's appeal against the dismissal of its suit for trademark infringement and passing off by Patanjali Biscuits Pvt Ltd was dismissed by the Madras High Court. The court held that the trademarks 'Arogya' and 'Patanjali Aarogya' are not similar and that the respondents are protected under Section 28(3) of the Trade Marks Act. The court also found that the goods marketed by the appellant and the respondents are different and that the respondents' trademark is prefixed with the word 'Patanjali'.
Ms Anuradha Sharma & Anr v.Jiva Ayurvedic Pharmacy Limited & Ors
The Delhi High Court set aside an order granting an interlocutory injunction to Jiva Ayurvedic Pharmacy Limited, allowing Ms Anuradha Sharma to continue using the mark 'SHATAM JEEVA'. The court found no deceptive similarity between the rival marks and no misrepresentation. The appeal was allowed, and the observations made were prima facie in nature. The court's decision will not influence the consideration of the merits of the suit pending before the Commercial Court.
Anil Shah Trading As Le Shark India v.Le Shark Apparel Limited
The Bombay High Court overruled a preliminary objection and allowed an appeal against an order directing the removal of a trademark from the register. The appellant, Anil Shah Trading As Le Shark India, had challenged the order passed by a single judge in a commercial miscellaneous petition filed by Le Shark Apparel Limited. The court held that the appeal was maintainable under Section 13 of the Commercial Courts Act, 2015.
Ganesh Consumer Products Ltd v.Assistant Registrar Of Trademarks And, K.R. Nagendra, K.N. Shobha
Ganesh Consumer Products Ltd appealed against the registration of a trademark by Shankar Industries. The court dismissed the appeal, holding that Shankar Industries was entitled to protection under Section 12 of the Trade Marks Act. The court found that Shankar Industries had established use of the mark since 1995-1996 and that the appellant's use did not pre-date theirs. The court also noted that many of the appellant's registrations were limited to the state of West Bengal, while the respondents' registrations were limited to Karnataka.
More Than Water Private Limited v.Nesco Limited
The Delhi High Court denied an ad-interim injunction to More Than Water Private Limited against Nesco Limited, but directed both parties to sell their packaged drinking water products within their respective states. The court found that the plaintiff had not established a prima facie case for an ad-interim injunction. The plaintiff had claimed that the defendant's mark 'MY WATER BOX' was similar to its own mark 'WATER BOX' and would cause confusion among consumers.
Crocs Inc. & Anr v.Summersalt Lifestyle Private Limited
Crocs Inc. filed a lawsuit against Summersalt Lifestyle Private Limited for trademark infringement. The court granted an ex-parte ad-interim injunction against the defendant, restraining them from manufacturing and selling footwear that infringes Crocs' trademark. The court also directed the defendant to maintain and preserve accounts and documents related to the manufacture and sale of the impugned products.
Shubham Goldiee Masale Pvt Ltd v.Jai Shiv Oil Industries And Anr
The Delhi High Court has ruled in favor of Shubham Goldiee Masale Pvt Ltd, directing the cancellation of Jai Shiv Oil Industries' trademark 'GOLDI' due to its similarity with the petitioner's trademark 'GOLDIEE'. The court found that the two marks were phonetically, visually, and structurally nearly identical, and that the respondent's adoption of the mark 'GOLDI' was without bonafide intention. The court also noted that the two parties were in the same business and had common trade circles, distribution networks, and retail outlets, which increased the likelihood of confusion among consumers.
Laser Shaving India Private Limited v.Rkrm International Products Private Limited
The Bombay High Court dismissed the Commercial Appeal filed by Laser Shaving India Private Limited against Rkrm International Products Private Limited, upholding the lower court's order refusing a temporary injunction. The court found that the plaintiff had suppressed relevant material and was estopped from seeking relief due to its previous stand before the Registrar of Trade Marks. The defendant had commenced selling impugned products after the plaintiff's representation to Galactic, and the court concluded that the elements of estoppel were satisfied.
Brown-Forman Distillery, Inc v.Brewholik Private Limited And Anr
The Delhi High Court dismissed an application by Brewholik Private Limited to sell existing stock of whiskey bearing the trademark 'OLD FORESTER', which is registered by Brown-Forman Distillery, Inc. The court held that the sale of the seized goods would be violative of the provisions of the Excise Act, 2009 and the Act. The court also noted that the plaintiff had vehemently disputed the quality of the seized goods, alleging them to be counterfeit.
Allied Blenders And Distillers Limited v.Vijayawada Distilleries Private Limited & Another
The plaintiff filed an interim application alleging infringement of its well-known trade mark, "OFFICER'S CHOICE," and related labels by the defendants who adopted deceptively similar marks like "EXECUTIVE CHOICE" and "OLD CROWN". The court examined the proprietary rights, noting that the Plaintiff had secured registrations for these marks and variants. Based on a prima facie comparison of the rival marks and evidence of deceptive similarity, the court granted ad-interim relief.
Asian Paints Limited v.Smt. Manju Rani Jindal And Ors.
Asian Paints Limited filed a suit against Smt. Manju Rani Jindal and others alleging infringement and passing off concerning its trade marks (ASIAN PAINTS and ASIAN). The dispute centered on the Defendants' use of the mark 'SUPER ASIAN PLUS' on paint-related goods like wall putty and cement paints. Given the Defendants' failure to contest the suit, the court decreed the suit in favor of Asian Paints.
Kapil Goyal v.The Registrar Of Trade Marks
Kapil Goyal appealed the refusal by The Registrar of Trade Marks to register the mark 'DOUBLE-CHOICE' under Section 91 of the Trade Marks Act, 1999. The initial rejection was based on the mark being non-distinctive and descriptive. The High Court allowed the appeal, finding that the reasoning for deeming the mark descriptive was unfounded, especially since the application was filed on a proposed-to-be-used basis.
Nadeem Majid Oomerbhoy v.Sh. Gautam Tank And Ors.
The suit was filed seeking permanent injunction against Defendants for infringing the registered Trade Mark 'POSTMAN', used for refined groundnut oil. The Plaintiffs contended that despite a temporary discontinuation, they had not abandoned the mark and it held substantial goodwill. While some issues were decided in favor of the Plaintiffs (including granting an injunction), the court recalled its previous pronouncement and directed the suit to remain pending for further determination on damages.
M/S Vibhava Marketing Corporation v.Goramal Hari Ram Limited
The Delhi High Court modified a previous order that had dismissed the petitioner's applications for filing additional documents. After arguments, both parties reached a consent agreement allowing M/S Vibhava Marketing Corporation to amend its Written Statement to include details of two preceding trademark registrations ('MONKEY 555 WONDER WASH' and 'MONKEY 555 THUNDER WASH'). This amendment allows the petitioner to argue that their prior rights should dismiss the plaintiff's infringement claim, subject to payment of costs.
Sapat International Pvt Ltd v.Niravi Consumer Llp And Ors.
This interim application addressed allegations of contempt against the defendants for allegedly violating a prior court order. The plaintiff claimed that despite undertaking not to use the 'Sapat' mark in advertising packaged tea, the respondents continued to use 'Sapat Tea' on cash receipts and invoices. The court found prima facie evidence suggesting the violation, noting that the use of 'Sapat Tea' on sales documents amounted to advertisement. Consequently, the matter was listed for further consideration to determine compliance with the solemn undertaking.
Dasaprakash Restaurant And Ice Cream Parlour Pvt.Ltd. v.The Deputy Registrar of Trademarks
The Madras High Court dismissed an appeal filed by Dasaprakash Restaurant and Ice Cream Parlour Pvt.Ltd., which sought to record its rights as a subsequent proprietor of the 'Dasaprakash' trademark. The court upheld the Trademark Registry's rejection, ruling that the transfer agreement was void ab initio because it was executed while the original proprietor, Balakrishna Rao, was legally incompetent due to insolvency proceedings. Furthermore, the court emphasized that since the mark was a family mark jointly owned by legal heirs, no single proprietor could unilaterally transfer rights.
P.G.Purushan (A) P.G Purushan v.The Registrar of Trademarks
The Madras High Court allowed an appeal filed by P.G. Purushan against the Trademark Registry's decision to reject their trademark application, 'STIMULAID.' The core issue was whether the applicant had abandoned the mark after failing to comply with initial examination report directions. The Court found that since the appellant had submitted Form TM-M and attended subsequent hearings, there was no evidence of abandonment. Consequently, the rejection order was set aside, compelling the Registrar to proceed with considering and potentially accepting the application.
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