FMCG — India Patent Cases
971 decisions indexed
Page 22 of 33 · 971 total
KAIRA DISTRICT COOPERATIVE MILK PRODUCERS UNION LTD & ANR. v.REGISTRAR OF TRADEMARKS & ORS.
The Delhi High Court issued several directions in this trademark dispute involving the 'AMUL' brand. The court allowed an application seeking to implead a specific applicant as a respondent, while simultaneously directing the Registrar of Trademarks to file an affidavit detailing the current status of advertisements related to the mark. This ongoing litigation focuses on clarifying the scope and validity of the registered trademark.
Jolen Inc. v.Shobanlal Jain
This case involved Jolen Inc. filing multiple suits against various defendants, including Shobanlal Jain, alleging infringement of its trademarks (JOLEN) and copyright in the artistic work and trade dress of its crème bleach packaging. The plaintiffs sought permanent injunctions, rendition of accounts, and damages due to passing off and unauthorized use of similar marks and designs. However, the court ultimately dismissed both suits for non-prosecution, as the plaintiff failed to respond to communications regarding the continuation of the litigation.
Jolen Inc. v.Shobanlal Jain
Jolen Inc. filed two civil suits in the Madras High Court against various defendants, including Shobanlal Jain, alleging infringement of its trade marks (JOLEN) and copyright in its crème bleach packaging. The plaintiff sought permanent injunctions, rendition of accounts, and damages due to deceptive imitation and passing off. However, on August 9, 2021, the court dismissed both suits for non-prosecution, as the plaintiff had failed to respond to communications regarding the continuation of the litigation.
Anuj Singhal v.Anupreet Kaur
This Delhi High Court case involving a trademark dispute between Anuj Singhal and Anupreet Kaur was successfully settled through mediation. The settlement agreement mandates that the respondent cease using specific trademarks, including 'NANDINI BLACK SALT,' and refrain from copying the petitioner's packaging and color schemes. Furthermore, the respondent agreed to withdraw all related trademark applications, leading the court to dispose of the suit in terms of the binding agreement.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Rishabh Kaushal & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Gujarat Cooperative Milk Marketing Federation Ltd concerning the misuse of its 'AMUL' brand on social media. While initial injunctions were granted, the court examined the claims for damages against Defendants No. 1 and No. 4. Recognizing that both defendants had taken remedial steps, including removing the infringing content, the Court dismissed the claim for damages due to a lack of evidence of loss suffered by the Plaintiffs. Consequently, the suit was closed against these two defendants, while proceedings remain pending against Defendant No. 5.
Reckitt Benckiser India Private Limited v.Hindustan Unilever Limited
Reckitt Benckiser sought an interim injunction against Hindustan Unilever, alleging that HUL's advertising campaign disparaged its product, Harpic. The Delhi High Court examined the claims of false and misleading comparisons between the two toilet cleaner brands. While the court found prima facie evidence suggesting one specific print advertisement denigrated Harpic, it reserved judgment on the remaining advertisements, requiring a detailed reply from the defendant before making a final determination.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Uma Maheshvari Agro Tech
M/s. Kaleesuwari Refinery Private Limited filed a suit against M/s. Uma Maheshvari Agro Tech alleging infringement and passing off related to their edible oil products. The plaintiff claimed that the defendant was using deceptively similar marks ('113 GOLD COINS') and trade dress, infringing both the registered trademark 'Gold Winner' and the associated copyright in the packaging art. Although the suit involved multiple claims for injunctions and account of profits, the parties ultimately reached an amicable compromise.
ICEBERG WALNUT FOODS (I) Pvt Ltd. v.Iceberg Icecreams Regus, Tower D, Rmz Infinity, Old Madras Road, Bangalore – 560016
This case involved a civil suit filed by Iceberg Walnut Foods Pvt Ltd. alleging infringement and passing off related to the trademark 'ICEBERG'. The plaintiff sought permanent injunctions against the defendant, claiming unauthorized use of their registered mark and artistic work. However, during the proceedings, it was revealed that the actual registered proprietor of the relevant trademark ('ICEBERG ICECREAM') was M/s. Anjani Diary Foods Private Limited, not the named sole defendant. Consequently, the court dismissed the suit for proceeding against a wrong person.
M/S Copenhagen Hospitality And Retails & Ors. v.M/S. A.R. Impex & Ors.
The Delhi High Court granted interim relief in favor of M/S Copenhagen Hospitality And Retails & Ors. against M/S. A.R. Impex & Ors., finding a prima facie case of trademark infringement and passing off. The court restrained the defendant from using deceptively similar pizza names, proprietary products, and controlling the plaintiff's official social media accounts while the main suit proceeds. This order protects the brand integrity of LA PINO'Z PIZZA against unauthorized commercial use by the franchisee.
Mahesh Edible Oil Industries Limited v.Mahesh Edible Oils Products Private Limited
The Delhi High Court issued a significant order addressing trademark disputes among related entities in the edible oil industry. The court affirmed that the 'SALONI' trademark belongs exclusively to Mahesh Edible Oil Industries Ltd., preventing individual brothers from claiming it. However, the ruling allows the family members freedom to operate their own businesses, provided they do not use marks or trade dresses deceptively similar to 'SALONI'. This order sets a clear boundary for internal corporate IP rights while allowing independent commercial activity.
Hindustan Unilever Limited v.Shri Mahaveer Jain Industries
Hindustan Unilever Limited filed a suit against Shri Mahaveer Jain Industries alleging infringement of its distinctive original artwork, 'Elle 18 face,' used on nail polish packaging. The dispute centered on the defendant's use of similar artistic designs and potential passing off. Both parties amicably settled the matter before the Bombay High Court.
Emami Limited v.Hindustan Unilever Limited
In a trademark dispute concerning the use of 'Handsome' and 'Glow and Handsome,' Emami Limited sought an injunction against Hindustan Unilever Limited (HUL) in the Calcutta High Court. However, Emami decided to withdraw its current application (GA No.3/2021), stating that it had filed a substantially similar application earlier (GA No.2/2020). The court granted leave for withdrawal and directed that the original, pending application (GA No.2/2020) be taken up for hearing on July 5, 2021.
El Baik Food Systems Co. S.A. v.Arsalan Wahid Gilkar & Anr.
The Delhi High Court granted an ad interim injunction in favor of El Baik Food Systems Co. S.A., a popular restaurant chain, against defendants accused of trademark infringement and copyright violation. The court found that the defendants were using the 'ALBAIK' trademarks and logos to fraudulently offer unauthorized franchises across India. Recognizing both the trademark rights and the artistic nature of the logos, the judge restrained the defendants from using any deceptively similar marks or offering fake franchise opportunities until the final hearing.
M/S Copenhagen Hospitality And Retails & Ors. v.M/S. A.R. Impex & Ors.
The Delhi High Court granted interim relief in favor of M/S Copenhagen Hospitality And Retails & Ors. against M/S. A.R. Impex & Ors., finding a prima facie case of trademark infringement and passing off. The court restrained the defendant from using deceptively similar pizza names, proprietary products, and controlling the plaintiff's official social media accounts while the main suit proceeds. This order protects the brand integrity of LA PINO'Z PIZZA against unauthorized commercial use by the franchisee.
Mahaan Foods Ltd & Anr. v.Calpro Specialities Pvt Ltd
In this Delhi High Court matter concerning trademark disputes, the court observed significant procedural difficulties on the part of the respondent. Despite being notified about the termination of key trademark license agreements, the respondent failed to provide a formal response and instead changed legal counsel without adequate instructions. Given these compounding issues, the bench decided to stay the operation of the impugned orders in the appeals, allowing time for the matter to be properly addressed.
Mahaan Foods Ltd & Anr. v.Calpro Specialities Pvt Ltd
In this Delhi High Court matter concerning trademark disputes, the court observed significant procedural difficulties on the part of the respondent. Despite being notified about the termination of key trademark license agreements, the respondent failed to provide a formal response and instead changed legal counsel without adequate instructions. Given these compounding issues, the bench decided to stay the operation of the impugned orders in the appeals, allowing time for the matter to be properly addressed.
Hindustan Unilever Limited v.Vishal Products
Hindustan Unilever Limited filed a suit against Vishal Products alleging infringement of copyright and passing off concerning the distinctive artistic label and trade dress of its 'WHEEL' detergent. The parties reached a consent order before the Bombay High Court, settling the dispute without pressing for damages or costs. Under the settlement, Vishal Products acknowledged HUL's proprietary rights, agreed to cease using the similar packaging, and committed to destroying all existing infringing stock.
Good Luck Paints And Chemicals v.Arunachala Industries
Good Luck Paints And Chemicals filed a civil suit against Arunachala Industries alleging infringement of its 'GOODLUCK' trademark, passing off, and copyright violation related to the distinctive blue and yellow color scheme and container design used for paints. The plaintiff sought perpetual injunctions and damages. However, the matter was resolved when the defendant provided an undertaking confirming they had ceased using the label and returned unused materials.
Sagar Ratna Restaurants Pvt Ltd v.D S Foods & Ors.
Sagar Ratna Restaurants Pvt Ltd challenged an order that referred its trademark dispute against D S Foods & Ors. to arbitration. The petitioner asserted ownership of the trademarks "SAGAR," "RATNA," and "SAGAR RATNA" and alleged infringement by the respondents, who were franchisees. Despite arguments for arbitrability based on the franchise agreement, the Delhi High Court ultimately intervened, finding that the core dispute concerning trademark rights was not amenable to arbitration due to inherent jurisdictional limitations.
Unilever Plc v.Hemakesh Frozen Foods Pvt. Ltd
The parties, Unilever Plc and Hemakesh Frozen Foods Pvt. Ltd, settled their dispute in this Commercial IP Suit. The defendant submitted to a decree based on the plaint's prayer clauses, leading the plaintiff to drop its claim for damages.
Hindustan Unilever Limited v.Greypixy Udyog
The Bombay High Court disposed of a Commercial IP Suit between Hindustan Unilever Limited and Greypixy Udyog. The parties reached a settlement, with the Defendants agreeing to submit to the decree in terms of the plaint's prayer clauses.
Red Bull Ag v.Pepsico India Holdings Pvt Ltd & Anr
The Delhi High Court dismissed Red Bull's application for an interim injunction against Pepsico India Holdings regarding the use of the tagline 'STIMULATES MIND. ENERGIZES BODY.' by their product STING. The court found that both taglines are descriptive and laudatory in nature, meaning the plaintiff failed to establish a prima facie case at this stage. Furthermore, the balance of convenience favored the defendants given their long-standing market presence with the tagline.
Gujarat Cooperative Milk Marketing Federation Ltd v.Amul-Franchise.in & Ors.
The Delhi High Court granted relief to Gujarat Cooperative Milk Marketing Federation Ltd (AMUL) in its ongoing trademark infringement suit. The court allowed AMUL to implead new parties, including the domain registrar and Google LLC, to pursue fraudulent activities related to their brand. Crucially, the court ordered the suspension and blocking of the infringing domain name www.educationdindia.com and directed the freezing of a specific bank account linked to the alleged infringement.
Ganesh Grains Ltd. v.Ganesh Department Stores
Ganesh Grains Ltd. filed a suit against Ganesh Department Stores seeking urgent interim relief under Section 12A of the Commercial Courts Act, 2015. The court admitted the plaint subject to departmental scrutiny and granted leave for interim protection in the infringement and passing off suit.
Ashique Exports (P) Ltd. v.Safaana Cosmetics & Perfumes
Ashique Exports (P) Ltd. filed a suit against Safaana Cosmetics & Perfumes alleging copyright infringement and passing off related to their bathing soap packaging. The plaintiff claimed that the defendant used an identical colour scheme, trade dress, and deceptively similar artistic work on its product 'ISIE', mimicking the successful brand 'IVA'. After examining the evidence, the Madras High Court found that the defendant had encroached upon the plaintiff's intellectual property rights. Consequently, the court decreed the suit in favor of Ashique Exports, granting permanent injunctions and directing the destruction of infringing stock.
Good Life Industries v.J R J Foods Pvt Ltd
The Gujarat High Court dismissed the appeal filed by J R J Foods Pvt Ltd against an earlier order that granted interim injunction to Good Life Industries. The dispute centered on alleged trademark infringement and passing off, where Good Life claimed its mark 'MICHI'S' was being imitated by J R J Foods' mark 'MISHI'S'. The High Court upheld the trial court's decision, emphasizing that in a passing-off action, the likelihood of confusion among an ordinary purchaser is key, regardless of actual damage or intent.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Amman Trader
This Madras High Court judgment addressed a trademark dispute where M/s.Kaleesuwari Refinery Private Limited sought permanent injunctions against M/s.Amman Trader for infringing its registered mark 'DHEEPAM' by using 'SRI DEEPAM' on edible oil products, and for passing off inferior goods as the plaintiff's. The parties ultimately reached a Joint Compromise Memo, which was accepted and decreed by the court. This settlement ensures that the defendant will cease all infringing activities related to the plaintiff's brand.
Unilever Plc v.Sovereign Chemicals And Cosmetics
The dispute involved allegations that the Defendant was illicitly using the Plaintiff's statutory and common law rights, including trademarks, trade dress, and copyright in label artwork. The Defendant claimed a license from a proprietor in Saudi Arabia.
Unilever PLC v.Sovereign Chemicals & Cosmetics
Unilever PLC filed an IP suit against Sovereign Chemicals & Cosmetics alleging infringement of its trademark, copyright, and common law rights related to product labeling and trade dress. The defendant claimed they were operating under a license in Saudi Arabia. The court found the use illicit but allowed the defendant to proceed by accepting their submission regarding the prayer clause.
Mahaan Foods Ltd & Anr. v.Calpro Specialities Pvt Ltd
In this Delhi High Court matter concerning trademark disputes, the court observed significant procedural difficulties on the part of the respondent. Despite being notified about the termination of key trademark license agreements, the respondent failed to provide a formal response and instead changed legal counsel without adequate instructions. Given these compounding issues, the bench decided to stay the operation of the impugned orders in the appeals, allowing time for the matter to be properly addressed.
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