FMCG — India Patent Cases
971 decisions indexed
Page 2 of 33 · 971 total
Danone And Pacific Holdings Pte Ltd v.Alvo Life Sciences And Ors & Ors
The Delhi High Court addressed a complex trademark infringement suit involving Danone And Pacific Holdings and Alvo Life Sciences. The court formally decreed the suit against defendants 1 through 7 based on a previously executed Memorandum of Compromise, which included payments and undertakings to cease infringing use. Furthermore, the court accepted an offer from defendant 11 to settle the dispute, directing them to deposit damages, thereby facilitating a resolution for all parties involved.
Ttk Prestige Ltd v.K K And Company Delhi Pvt Ltd & Ors
Ttk Prestige Ltd filed a suit against K K And Company Delhi Pvt Ltd & Ors alleging trademark infringement and passing off concerning its registered brand 'PRESTIGE'. The court granted temporary relief, restraining Defendants No. 2 and 3 from manufacturing or selling products using the disputed mark until the next hearing date. This interim order protects the plaintiff's established market reputation while the full merits of the case are examined.
Arq Providores v.Schloss Hma Private Limited & Anr.
The Delhi High Court addressed an application seeking interim relief in a trademark infringement suit filed by Arq Providores against Schloss Hma Private Limited. While the court acknowledged the likelihood of confusion and potential harm to the Plaintiff’s reputation, it balanced this against the Defendants' existing use of the marks since November 2024. Consequently, the Court granted a conditional interim injunction, requiring the Defendants to restrict the use of 'ARQ' only in conjunction with their house mark 'THE LEELA' for specific services (Class 43), discontinue an infringing logo by December 15, 2025, and refrain from using 'ARQ' for certain food/catering services.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute concerning the use of the trade name 'Sindharam Sanwarmal' fell under the ambit of 'Commercial Disputes' as defined by the Commercial Courts Act, 2015. The plaintiff argued that the matter arose from a family arrangement and was not commercial in nature. However, the court found that the reliefs sought, specifically perpetual injunctions restraining the use of the trade name, manifestly demonstrated an intellectual property dispute relating to trademarks. Consequently, the suit was held to be triable exclusively by a Commercial Court.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute arising from a family arrangement, involving the use of the trade name 'Sindharam Sanwarmal', constituted a 'Commercial Dispute'. The plaintiff argued that the matter was purely familial and not commercial. However, the court found that the reliefs sought—specifically perpetual injunctions restraining the defendant from using or permitting others to use the trademark—manifestly demonstrated an intellectual property dispute. Consequently, the High Court held that the suit must be triable exclusively by a Commercial Court under the Act of 2015.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute over the use of the trade name 'Sindharam Sanwarmal' could be heard in a regular civil court or required a Commercial Court. The core issue revolved around classifying the conflict, which arose from a family arrangement concerning business goodwill, as a commercial dispute under the Commercial Courts Act, 2015. The court ultimately held that since the reliefs sought involved perpetual injunctions restraining the use of the trade name, the matter squarely fell within the purview of intellectual property rights and thus constituted a Commercial Suit.
Archian Foods Private Limited v.Chaudhary Beverage & Ors.
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Archian Foods Private Limited against Chaudhary Beverage & Ors. The court granted several procedural exemptions to the Plaintiff, including waiving pre-institution mediation due to the urgency of interim relief. Crucially, the court allowed the Plaintiff to seek an interim injunction through the appointment of a Local Commissioner, enabling site inspection and seizure of infringing products related to the 'LAHORI ZEERA' brand.
PepsiCo, Inc. v.Jagdamba Foods Pvt. Ltd. And Anr.
PepsiCo successfully petitioned the Calcutta High Court for the cancellation of a similar trademark, 'JAY'S,' registered by Jagdamba Foods Pvt. Ltd. The court found that the impugned mark was phonetically identical and deceptively similar to PepsiCo's well-established brand, 'LAY'S.' Given the similarity in goods (snack foods) and the petitioner's immense goodwill, the court ruled that the registration of 'JAY'S' violated the Trademarks Act and must be cancelled.
M/S. Vaidehi Agro Oils Pvt. Ltd v.M/S. Sri Tulasi Industries
The Telangana High Court allowed a Civil Revision Petition filed by M/S. Vaidehi Agro Oils Pvt. Ltd against an order passed by the District Judge, Kamareddy. The petitioner argued that their application seeking a stay of proceedings in a trademark infringement suit should not have been dismissed as infructuous while a higher court's stay was still pending. The High Court found the trial judge's dismissal erroneous and set aside the impugned order, directing the lower court to reconsider the applications.
Capital Foods Private Limited v.Krs Multipro Private Limited & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Krs Multipro Private Limited. The suit involves allegations of trademark and copyright infringement concerning the popular brand 'SCHEZWAN CHUTNEY'. Based on a prima facie case, the court found that the Defendants' product packaging copied the Plaintiff's registered mark precisely, posing a risk of market confusion. Consequently, the Defendants were immediately restrained from using the infringing mark until the final hearing.
Zepto Private Limited & Anr. v.Owner Of Domain Name Zeptonowindia.Com & Ors.
In this trademark infringement suit, Zepto Private Limited sought an interim injunction against domain name holders. The court proceeded with the initial stages of litigation, granting several procedural reliefs to the plaintiffs, including exemption from pre-litigation mediation due to the urgency of the matter. While the core dispute over trademark rights and domain squatting remains pending, the court has set out a detailed schedule for service of summons and filing pleadings.
Jaquar And Company Private Limited v.Jaquar Franchise & Ors.
The Delhi High Court granted interim injunctive relief in favor of Jaquar And Company Private Limited against various defendants regarding the unauthorized use of its 'JAQUAR' trademark. The court ordered immediate suspension of specific domain names associated with the mark and directed actions to freeze relevant bank accounts, recognizing the brand's well-known status. This order sets a strong precedent for protecting established trademarks in the digital age.
Capital Foods Private Limited v.Damyaa (Pj) Foods Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Damyaa (Pj) Foods Private Limited. The court found that the Defendant's use of 'SCHEZWAN TUFANI CHUTNEY' was a clear case of dishonest imitation and deceptively similar to the Plaintiff's registered trademark, 'SCHEZWAN CHUTNEY'. Given the Plaintiff's established reputation and significant market presence, the injunction aims to prevent consumer confusion and irreparable harm.
Royal Coffee Works v.The Registrar Of Trademarks; Girnar Food & Beverages Pvt. Limited
Royal Coffee Works challenged the delay in processing its trademark application before the Registrar of Trademarks, which was opposed by Girnar Food & Beverages Pvt. Limited regarding the use of 'tea' in the product description. The Kerala High Court addressed the petitioner's grievance concerning procedural delays. The court directed the Registrar to expedite the matter and pass appropriate orders on both the original trademark application and the opposition within a three-month timeframe.
Herbalife International Inc. v.Shiv Shakti Enterprises & Ors.
The Delhi High Court extended the existing interim injunction against Herbalife's trademarks to a newly impleaded defendant (Mr. Narayan Lal Kumawat) after relying on a local commissioner's report indicating counterfeit activity. The court also issued strict directives, requiring all involved parties to discontinue selling infringing goods on Flipkart and disclose detailed transaction information related to the alleged trademark infringement.
Tata Sons Private Limited & Anr. v.Sohel Iliyasbhai Dantroliya
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Tata Sons against Sohel Iliyasbhai Dantroliya. Crucially, the court granted an interim injunction and permitted the appointment of a Local Commissioner to inspect and seize infringing goods (VITA GLUCO+) bearing deceptively similar packaging to TATA GLUCO+. The order also provided procedural relief to the plaintiffs regarding extensions of time, exemption from pre-institution mediation, and permission to file additional documents.
Usms Saffron Co. Inc. v.Rupesh Rathore Trading As Rm International
The Delhi High Court issued a comprehensive order in the trademark, copyright, and passing off infringement suit filed by Usms Saffron Co. Inc. against Rupesh Rathore Trading As Rm International. The Court granted an ad-interim injunction to protect the Plaintiff's registered trademarks and unique packaging/trade dress for 'BABY BRAND SAFFRON'. Furthermore, the court set out procedural directions regarding document submission, exempted the plaintiff from pre-institution mediation due to the urgency of interim relief, and fixed the fee for a Local Commissioner to inspect the premises.
Capital Foods Private Limited v.Pitambari Products Private Limited
In a dispute over trademark infringement, Capital Foods Private Limited and Pitambari Products Private Limited reached an out-of-court settlement. The Delhi High Court formalized this compromise, decreeing the suit in favor of the Plaintiff while allowing the Defendant limited usage rights for specific packaging (PITAMBARI RUCHIYANA SCHEZWAN HOT & SPICY). This resolution allows the parties to move forward without protracted litigation over damages and accounts.
Pas Agro Foods v.Krbl Limited; Controller General of Patents, Designs and Trademarks (CGPDTM) in India; Deputy Registrar of Copyrights
Pas Agro Foods filed a Special Jurisdiction Case seeking the expungement of trademark and copyright registrations granted to Krbl Limited. The Kerala High Court, after reviewing the petition and arguments, directed that notice be served upon all respondents via speed post and email. This marks the initial procedural step in challenging the validity or ownership of the registered IP rights.
Krbl Limited v.Shailendra Chaturvedi & Anr.
The Delhi High Court disposed of the appeal in Krbl Limited vs Shailendra Chaturvedi & Anr., resolving a dispute over the scope of the trademark 'DOON MEMORIES'. The court directed the Registrar of Trademarks to amend the registration (TM No. 421683) to restrict the goods exclusively to bakery products, based on an undertaking given by Respondent No. 1. This decision effectively narrowed the scope of the mark's use, provided the respondent adheres strictly to the agreed-upon limitations.
Pureplay Skin Sciences (India) Pvt. Ltd. v.Mr. Wazahat Choudhary
In a trademark infringement suit concerning skincare products, the Delhi High Court issued several procedural orders favoring the Plaintiff, Pureplay Skin Sciences. The court granted leave to file additional documents and exempted the plaintiff from mandatory pre-litigation mediation due to the urgency of the matter. Crucially, the court also allowed the appointment of a Local Commissioner to inspect the defendant's premises for potential counterfeit goods, while simultaneously granting exemptions regarding advance service and discovery procedures.
Kbm Foods Private Limited v.Ajay Yadav Trading As Sourav Masala Company
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Kbm Foods Private Limited against Ajay Yadav Trading As Sourav Masala Company. The court granted several procedural exemptions, including waiving pre-institution mediation due to the urgency of the matter. Crucially, the court directed the appointment and execution of a Local Commissioner to seize goods bearing allegedly infringing marks, thereby providing immediate interim relief to the plaintiff while the main suit proceeds.
Esme Consumers Pvt Ltd v.Suraj Collection And Anr
The Delhi High Court granted an interim injunction in favor of Esme Consumers Pvt Ltd against Suraj Collection And Anr, finding a prima facie case of trademark infringement and passing off. The court determined that the defendant's use of similar marks and trade dress was calculated to deceive consumers and erode the plaintiff's established goodwill associated with its cosmetic products. Consequently, the defendants were immediately restrained from using the infringing marks until the final hearing.
Wow Momo Foods Private Limited v.Wow Burger & Anr.
The Delhi High Court allowed the appeal filed by Wow Momo Foods Private Limited, quashing a single judge's order that had dismissed an application for an interlocutory injunction. The court found that the respondent's proposed mark, 'WOW BURGER', was highly likely to cause confusion with the appellant's established marks like 'WOW MOMO' and 'WOW DIMSUMS'. Despite arguments regarding common usage or descriptive nature of 'WOW', the court held that the combination of the exclamation with the food item created a distinctive association in the mind of the average consumer, thereby establishing a prima facie case of infringement.
Saksham Impex Private Limited v.Amit Patel
Saksham Impex Pvt. Ltd. challenged an arbitral award that rejected its claims against former employee Amit Patel, alleging breach of confidentiality and trade secrets related to the 'Monin' brand. The petitioner argued the arbitrator erred on grounds of perversity and patent illegality. However, the court upheld the arbitration award, finding no ground to set it aside.
Energy Beverages Pvt. Ltd. v.Flora Beverages India Pvt Ltd
In a commercial IP suit concerning energy beverages, the Bombay High Court allowed the plaintiff's request to consolidate multiple claims. The court granted leave for Energy Beverages Pvt. Ltd. to combine its cause of action for passing off with those related to trademark and copyright infringement. This procedural step allows the parties to address all facets of their intellectual property dispute within a single legal framework, paving the way for further substantive hearings.
Energy Beverages Pvt. Ltd. v.Flora Beverages India Pvt Ltd
In a commercial IP suit concerning energy beverages, the Bombay High Court allowed the plaintiff's request to consolidate multiple claims. The court granted leave for Energy Beverages Pvt. Ltd. to combine its cause of action for passing off with those related to trademark and copyright infringement. This procedural step allows the parties to address all facets of their intellectual property dispute within a single legal framework, paving the way for further substantive hearings.
Asian Paints Limited v.John Doe And Others
Asian Paints Limited successfully secured critical interim relief against defendants accused of trademark infringement and passing off. The Delhi High Court granted orders directing various parties—including Domain Name Registrars, banks, and mobile service providers—to suspend specific infringing websites and freeze associated bank accounts. This decisive order aims to immediately halt the sale of counterfeit products using the 'ASIAN PAINTS' mark across e-commerce platforms.
Mars Incorporated v.Cadbury (India) Ltd & Ors
After nearly twenty-five years of protracted litigation over the trademark 'CELEBRATIONS,' Mars Incorporated and Cadbury (India) Ltd have reached a full and final amicable settlement. The Delhi High Court decreed the suit based on this mutual consent, which mandates both parties to withdraw various pending opposition and rectification proceedings before the Trade Marks Registry. Furthermore, in a gesture of goodwill, they jointly undertook to distribute confectionery assortments worth five lakhs each to schoolchildren across Delhi.
X v.Y
The Delhi High Court granted an interim injunction in favor of the Plaintiff (X) against the Defendant (Y), who was accused of manufacturing and selling imitation nutrition supplements. The court recognized the Plaintiff's rights across multiple IP domains, including registered trademarks ('WELLVERSED', 'WELLCORE'), house marks, and copyright subsisting in the product packaging/labels. Furthermore, the court granted several procedural exemptions to facilitate urgent investigation via a Local Commissioner.
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