FMCG — India Patent Cases
971 decisions indexed
Page 29 of 33 · 971 total
Krbl Ltd. v.Pk Overseas Pvt Ltd
The Delhi High Court overturned a lower court's decision regarding an application for interim injunction in a passing off dispute concerning rice brands. The appeal focused on the deceptive similarity of color combinations, not just the marks themselves. The High Court found that the trial court failed to adequately address the crucial elements of reputation and consumer confusion before dismissing the injunction request. Consequently, the case was remanded back to the trial court for a fresh hearing after both parties submit necessary documentation.
Neo Milk Products Private Limited v.Neo Foods Private Limited
The Delhi High Court upheld an interim injunction favoring Neo Foods Private Limited (the registered trademark owner) against Neo Milk Products Private Limited. The court found that the plaintiff had established a reputation for its registered mark 'NEO' under Class 29, and the defendant's use of the identical mark in relation to milk products was likely to dilute the distinctive character of the original mark. Crucially, the court dismissed the defense of prior use (Section 34) because the appellant failed to provide prima facie evidence of continuous usage predating the plaintiff's registration.
Cargill India Pvt. Ltd. v.Quality Agro Mills Pvt. Ltd.
The Delhi High Court ruled in favor of Cargill India Pvt. Ltd., confirming the permanent injunction against Quality Agro Mills Pvt. Ltd. for trademark infringement and passing off. The court found that the defendant was illegally using a deceptively similar mark, thereby capitalizing on the goodwill established by 'Nature Fresh.' Furthermore, due to the defendant's deliberate evasion of court proceedings, the plaintiff was awarded damages amounting to Rs. 5.0 lacs.
Venkatraman Das v.M/s.Vns Innovations Pvt. Limited
This civil suit was filed by Venkatraman Das seeking permanent injunction against M/s.Vns Innovations Pvt. Limited for allegedly infringing his registered patent on a 'Disposable Armpit Perspiration Pad' (Patent No. 181248). The defendants challenged the validity of the patent, arguing that the product was old and lacked novelty or inventive step. After examining the prior art, the court found that the plaintiff failed to demonstrate any genuine innovation over existing knowledge. Consequently, the suit for infringement and rendition of accounts was dismissed.
Suresh Chand Purwar (Karta) v.Vivek Purwar & Ors.
This appeal challenged a trial court's decision to return a plaint under Order 7 Rule 10 CPC, which held that the Delhi courts lacked territorial jurisdiction over trademark infringement claims concerning 'HARI' and 'HARISONS'. The appellant argued that the trial court made a finding of fact on disputed sales without allowing parties to lead evidence. The High Court ruled in favor of the appellant, emphasizing that jurisdictional questions must be decided after both parties have had the opportunity to present their case through evidence.
M/s.Aachi Masala Foods (P) Ltd. v.Aachi Aappakadai Chettinad A/c Restaurant
The Madras High Court dismissed the applicants' requests for an interim injunction, ruling that the trademark 'AACHI' is a common Tamil word associated with Chettinad cuisine. The court held that since the mark was deemed common, the applicants could not prevent others from using it in their restaurant business unless they could prove secondary meaning through evidence during trial. While the respondent was allowed to use the name 'AACHI', they were prohibited from adopting the applicant's registered oval-shaped label mark.
Rajendra Singh Shekawat v.M/S Shrinath Heritage Liquor Pvt Ltd
The Rajasthan High Court dismissed the appeal filed by Rajendra Singh Shekawat against an order that denied a temporary injunction. The plaintiff, holding registered trademarks MAHARAJA MAHANSAR and MAHARANI MAHANSAR, alleged infringement by the defendant's use of 'Mahansar D.J. Special.' While the court acknowledged the similarity in the word 'MAHANSAR,' it held that determining whether this commonality constitutes deceptive similarity or infringement is a complex question of fact requiring evidence from a regular trial. Consequently, the appeal was dismissed, but the defendant was directed to provide production and sales accounts to facilitate potential restitution if the plaintiff succeeds later.
Hindustan Unilever Limited v.Reckitt Benckiser India Limited
This appeal involved a dispute over alleged disparagement of Reckitt's DETTOL soap by an advertisement featuring HUL's LIFEBUOY soap. Reckitt contended that the ad intentionally tarnished its brand reputation, particularly regarding the distinctive shape and packaging of its product. The Delhi High Court examined the malicious intent behind the advertising campaign and upheld the permanent injunction against disparagement.
Rajendra Singh Shekawat v.M/S Shrinath Heritage Liquor Pvt Ltd
The Rajasthan High Court dismissed the appeal filed by Rajendra Singh Shekawat against an order that denied a temporary injunction. The plaintiff, holding registered trademarks MAHARAJA MAHANSAR and MAHARANI MAHANSAR, alleged infringement by the defendant's use of 'Mahansar D.J. Special.' While the court acknowledged the similarity in the word 'MAHANSAR,' it held that determining whether this commonality constitutes deceptive similarity or infringement is a complex question of fact requiring evidence from a regular trial. Consequently, the appeal was dismissed, but the defendant was directed to provide production and sales accounts to facilitate potential restitution if the plaintiff succeeds later.
R.M. Dhariwal (Huf) v.Commissioner Of Central Excise, Pune-III
The appellant challenged an order confirming a demand for Rs.64,17,003/- based on providing scientific/technical consultancy services related to the use of the 'Manikchand' brand and its formulae. The appellant argued that the transfer of intellectual property rights (trade name and formulae) was covered under service tax from September 2004, making the demand for the prior period unsustainable.
Dandi Salt Pvt Ltd v.Indo Brine Industries Ltd.
This appeal challenged an order that granted injunction reliefs against Dandi Salt Pvt Ltd and its directors. The core dispute revolved around the alleged trademark infringement and passing off concerning the 'DANDI NAMAK' mark used for salt products. The Gujarat High Court ultimately allowed the appeal, quashing the trial court's order. The court noted significant issues regarding the plaintiff's conduct, including suppression of facts and filing multiple suits with identical causes of action.
Rajendra Singh Shekawat v.M/S Shrinath Heritage Liquor Pvt Ltd
The Rajasthan High Court dismissed the appeal filed by Rajendra Singh Shekawat against an order that denied a temporary injunction. The plaintiff, holding registered trademarks MAHARAJA MAHANSAR and MAHARANI MAHANSAR, alleged infringement by the defendant's use of 'Mahansar D.J. Special.' While the court acknowledged the similarity in the word 'MAHANSAR,' it held that determining whether this commonality constitutes deceptive similarity or infringement is a complex question of fact requiring evidence from a regular trial. Consequently, the appeal was dismissed, but the defendant was directed to provide production and sales accounts to facilitate potential restitution if the plaintiff succeeds later.
M/s.Vasudev Adigas Fast Food Pvt., Ltd. v.Mr. Radhakrishna Adiga
The Karnataka High Court addressed multiple writ petitions filed by M/s Vasudev Adigas Fast Food Pvt. Ltd. against Mr. Radhakrishna Adiga regarding the use of the 'Adigas' trademark. The petitioners sought an ad-interim injunction to prevent infringement, challenging a lower court order that allowed the respondent time to file objections. While the High Court did not grant the immediate injunction requested, it directed the trial court to expeditiously consider and dispose of the temporary injunction applications filed by the plaintiffs.
Marico Limited v.Adani Wilmar Ltd
The Delhi High Court dismissed Marico Limited's application for an interim injunction against Adani Wilmar Ltd, which sought to stop the broadcast of competitor advertisements. Marico alleged that Adani Wilmar's 'Fortune' ads disparaged its 'Saffola' brand with false health claims. However, the court emphasized that advertisers must be given latitude in their messaging and held that unless claims are totally unsubstantiated, courts should avoid a hyper-technical view. The decision allowed the advertisements to continue pending final adjudication.
M/S Harjee Foods & Anr v.M/S Barbino Enterprises Pvt Ltd. & Anr
The Delhi High Court addressed a dispute over the confectionery marks KIDO and KIDCO. While finding that the defendant's use of the unregistered mark KIDCO constituted passing off due to high likelihood of consumer confusion, the court did not find infringement against the registered mark KIDO. Consequently, the suit was decreed in part, granting a permanent injunction against the defendants using KIDCO in India, but dismissing the claim for damages because an interim injunction had already been in place.
Hindustan Uniliver Limited v.Sree Annapoorna Foods
This Madras High Court judgment addressed an appeal challenging the dismissal of a petition seeking to reject a civil suit on grounds of re-litigation. The respondents, Sree Annapoorna Foods, sued Hindustan Unilever Limited over alleged trademark infringement concerning 'Annapoorna' and 'Annapurna'. The appellant argued that the claim was barred by prior litigation and relinquishment of rights. However, the court found that since the cause of action for the second suit arose from subsequent events not covered in the earlier plaint, the suit could not be rejected at the initial stage.
Umesh Kumar Gupta And Another v.M/S Shree Girraj Food Products
The Allahabad High Court dismissed a revision filed by M/S Shree Girraj Food Products, which sought to stay an ongoing trademark infringement suit. The defendants argued that their application for rectification (cancellation) of the plaintiff's 'Chacha Chaudhary' trademark was pending before the Appellate Board. However, the court ruled that Section 124 of the Trade Marks Act is inapplicable because the original suit was not for trademark infringement but rather a suit for injunction based on passing off. Consequently, the stay could not be granted.
M/s. United Spirits Limited v.Henkel India Limited
M/s. United Spirits Limited appealed against the denial of an interlocutory injunction concerning the trademark 'ARAMUSK'. The dispute arose from a complex chain of assignments and transfers related to the original business agreement between Shaw Wallace & Company (predecessor-in-interest) and Henkel India Limited. The court examined the three pillars required for granting temporary relief: prima facie case, balance of convenience, and irreparable injury. Ultimately, the appeals were dismissed as the appellant was found not to have a strong enough case or demonstrated irreparable harm.
The Applicant (Naga Industries) v.M/S. Lachmi Marain Traders And Others
The Madras High Court dismissed the applicant's requests for an interim injunction against trademark infringement and passing off. The court found that despite the similarity between 'NAGA' and 'AAGA', there was no convincing prima facie case, noting that the respondent had been using their mark openly since 2006 with significant advertising expenditure. Furthermore, the court highlighted the delay in the applicant filing suit (only after receiving a cease and desist notice in 2011) as a critical factor against granting immediate relief.
M/S South Thindis (Now known as South Veg Thindis) v.M/S Billion Smiles Hospitality Pvt Ltd
The Karnataka High Court dismissed a writ petition filed by M/S South Thindis, which sought to stay an ongoing trademark infringement suit based on its pending application for rectification. The court held that since the petitioner raised the plea of invalidity for the first time in the written statement and not before the suit was instituted, the mandate of Section 124(1)(b)(i) did not apply. Furthermore, the court noted the belated nature of the stay request, citing precedent against staying proceedings at a late stage.
A.R. Safiullah v.A. Sowkath Ali
The petitioner sought ad-interim injunctions against the respondents regarding infringement of his registered patent (No. 198079) and registered design (No. 182931), as well as passing off related to artificial laminated banana leaves. The court found that while the claim for restraining patent infringement was not grantable, interim injunctions were allowed for design infringement and passing off.
M/S Friends Overseas v.Swadi Product U.K. Ltd. & Ors.
The Delhi High Court granted an interim injunction favoring M/S Friends Overseas against Swadi Product U.K. Ltd. and others, finding a prima facie case of infringement. The court held that the defendants had misappropriated the plaintiff's well-known mark 'SWADI HOMEMADE,' copying its artistic get up, layout, and trade dress. This action was deemed likely to cause confusion among consumers, thus warranting the continuation of the existing restraint order until the final disposal of the suit.
M/S South Thindis (Now known as South Veg Thindis) v.M/S Billion Smiles Hospitality Pvt Ltd
The Karnataka High Court dismissed a writ petition filed by M/S South Thindis, which sought to stay an ongoing trademark infringement suit based on its pending application for rectification. The court held that since the petitioner raised the plea of invalidity for the first time in the written statement and not before the suit was instituted, the mandate of Section 124(1)(b)(i) did not apply. Furthermore, the court noted the belated nature of the stay request, citing precedent against staying proceedings at a late stage.
Lt Foods Ltd. v.Sunstar Overseas Ltd. & Sachdeva & Sons Rice Mills Limited
The Delhi High Court ruled in favor of Lt Foods Ltd. regarding the infringement and passing off of its registered trademark 'HERITAGE' used for rice. The court found that the marks used by the defendants, 'INDIAN HERITAGE' and 'INDIAN HERITAGE SELECT', were deceptively similar, leading to potential consumer confusion. Consequently, the court granted an interim injunction restraining the defendants from using these infringing trademarks until the final disposal of the suit.
M/S Havmor Ice Cream Limited v.Piyush Shah
The Rajasthan High Court ruled in favor of M/S Havmor Ice Cream Limited, setting aside a lower court's decision that dismissed its application under Section 142(2) of the Trade Marks Act. The court held that since Havmor was a registered proprietor and had commenced action with due diligence by issuing a statutory notice, the suit filed by the respondent could not be deemed a 'groundless threat.' This judgment reinforces the importance of timely legal action by trademark owners to protect their established rights against potential infringement.
John Distilleries Limited v.Shashi Distilleries Pvt Ltd
John Distilleries Limited filed an appeal seeking a temporary injunction against Shashi Distilleries Pvt Ltd, alleging that the latter was manufacturing and selling liquor in bottles deceptively similar to the petitioner's registered bottle design (Design No. 214542). The High Court examined the matter and found that the petitioner had not established a prima facie case, leading to the dismissal of the appeal.
M/S S M K A Enterprises v.M/S Suchita Industries
The Karnataka High Court ruled in favor of M/S S M K A Enterprises, granting a permanent injunction against M/S Suchita Industries for infringing the plaintiff's registered trademark 'Tiny Care'. The court found that the defendant's use of similar marks and products was deceptive, causing confusion among consumers. This decision reinforces the importance of protecting established brand goodwill in the competitive FMCG market.
Kwality Biscuits Pvt. Ltd. v.Asst. Commissioner of Income-tax Circle-11(5), Bangalore
Kwality Biscuits Pvt. Ltd. transferred its intellectual property rights (trade marks, designs, and copyrights) related to 'Kwality' biscuits to M/s.Britania Industries Ltd. for ₹30 crores. The Assessing Officer taxed this receipt as long-term capital gains, arguing that the transfer included the right to manufacture. The Tribunal ultimately held that the right to market was distinct from the right to manufacture.
M/s.Cholayil Private Limited v.Uni-Sole Pvt. Ltd.
The Madras High Court dismissed the plaintiff's applications seeking an ad-interim injunction against alleged infringement and passing off. The court found that the defendant's mark, 'Herbal,' was not phonetically similar to the plaintiff's registered trademark, 'Medimix.' Furthermore, despite the plaintiff claiming long usage, the court noted that the artistic work relied upon was only assigned in 2008, undermining the claim of continuous use since 1969. Ultimately, the court concluded there were more dissimilarities than similarities, finding no likelihood of deception among ordinary purchasers.
M/S Marvel Tea Estate India Ltd. v.P.M. Batra (Prop) M/S Gurukripa Traders
The Delhi High Court granted an interim injunction favoring M/S Marvel Tea Estate India Ltd. against P.M. Batra (Prop) M/S Gurukripa Traders, finding that the defendant's use of 'MARVEL TOUCH' was likely to cause confusion and constitute trademark infringement and passing off. The court recognized the extensive goodwill and reputation built by the plaintiff under its registered mark 'MARVEL' in Class-30 goods like tea and spices. This ruling underscores the protection afforded to established brands against deceptively similar marks, even during preliminary proceedings.
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