FMCG — India Patent Cases
614 decisions indexed
Page 3 of 21 · 614 total
J S F Holdings Pvt Ltd v.Assistant Registar Of Trade Marks And Gi & Anr.
The Delhi High Court successfully mediated and settled disputes concerning trademark opposition appeals. Following a successful settlement agreement, the court disposed of the appeals and decreed the underlying suit based on the mutually agreed-upon terms. This judgment highlights the effectiveness of judicial mediation in resolving complex IP conflicts efficiently, allowing parties to achieve tailored resolutions rather than proceeding through lengthy litigation.
Krbl Limited v.Vikram Roller Flour Mills Limited
The Delhi High Court addressed an appeal challenging the denial of interim injunction regarding the trademark 'INDIA GATE'. The court analyzed a prior consent order between the parties, which restricted usage based on product type and packaging size. While acknowledging the Appellant's claim as a well-known mark, the court ruled that if the Respondent's right to use 'dalia' flows from its existing rights for wheat products (atta, suji, etc.), it must adhere to the B2B/bulk sales restriction of 20 kgs and above. This interim order maintains the status quo while the core dispute over prior user rights remains sub-judice.
M/S Loreal v.M/S Loren Beautifiers Pvt Ltd And Others
The Calcutta High Court allowed an application filed by M/S Loreal seeking the cancellation of the mark 'LOREN BORORICH.' The sole ground for the petition was non-use, as the respondent failed to demonstrate any bona fide use of the trademark in relation to Class 3 goods for the statutory period. Given the uncontroverted allegation of non-use and the respondent's failure to provide evidence, the court directed that the impugned mark be removed from the register.
M/S. Loreal v.Loren Beautifiers Pvt. Ltd.
The Calcutta High Court allowed an application filed by M/S. Loreal seeking the cancellation of the mark "LOREN HAIR OIL" registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted allegation of non-use, the Court directed that the impugned mark be removed/rectified from the register, reinforcing the importance of continuous commercial activity in maintaining trademark rights.
M/S L Oreal v.M/S Loren Beautifiers Pvt Ltd And Ors
The Calcutta High Court allowed an application filed by M/S L Oreal seeking the cancellation of a similar mark, 'LOREN BOROHERB,' registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted evidence of non-use, the Court directed that the impugned registration be removed from the register, reinforcing the importance of active commercial use for maintaining a trademark.
Capital Foods Private Limited v.Sankalp Recreation Private Limited & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Sankalp Recreation Private Limited and others. The court found that the defendants' use of deceptively similar marks, such as 'SCHEZUAN CHUTNEY', infringed upon the plaintiff's registered trademark 'SCHEZWAN CHUTNEY'. Given that the products are edible goods, the Court adopted a stringent approach to prevent consumer confusion and potential health risks. The injunction restrains the defendants from using any identical or similar marks until further proceedings.
Guru Soya Foods Pvt. Limited v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Guru Soya Foods Pvt. Limited, directing The Registrar of Trade Marks to renew the trademark 'CRISPRO'. The court found that the failure to send the mandatory renewal notice (FORM RG-3) to the Petitioner's updated address constituted a violation of statutory rules. Consequently, the court condoned the delay and mandated the timely completion of the renewal process.
M/S. Anup Kumar Biswas v.M/S. S. H. Biri Factory And Anr.
M/S. Anup Kumar Biswas filed an application seeking the rectification of a Copyright Registration held by M/S. S. H. Biri Factory And Anr., alleging that the registered label was deceptively similar to their own trade name and infringed upon their rights. The petitioner claimed the registration was obtained surreptitiously without notice. Given the respondent's willingness to have the matter heard afresh after proper notice, the Court cancelled the impugned registration and remanded the case back to the Copyright Registrar for a fresh decision.
Rajani Products v.Madhukar Varandani, Proprietor Of M/S Naturalindia Oils And Proteins & Anr.
Rajani Products filed a petition seeking the removal of a specific Copyright registration (A-128046/2019) held by Madhukar Varandani. The petitioner, engaged in manufacturing edible oils, claimed that their own artistic works and labels, featuring the SWASTIK device, were prior and original. They argued that the impugned work was a substantial reproduction of their protected designs. After comparing the two artistic works, the court found that the Impugned Artistic Work lacked originality and substantially imitated the Petitioner's registered works.
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.
M/S Nice Confectionary v.M/S Nice Food Products
The petition challenged an arbitration award related to a trademark dispute. The claimant (M/s Nice Food Products) alleged that the petitioner (M/s Nice Confectionary), who used the trademark 'PRIKA'S CHAA-PAT', breached the conditions of a 2005 license agreement. The court dismissed the petition, finding no merit in the claim.
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.
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.
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.
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.
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.
Sri Narasu's Coffee Company Pvt. Ltd. v.M/S.Shri Lakshmi Agro Foods Pvt. Ltd.
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company against M/S.Shri Lakshmi Agro Foods Pvt. Ltd. The dispute, which sought to cancel the 'Udhaiyam' trademark registration in Class 30, was resolved amicably between the parties. Both sides entered into a Memorandum of Compromise, leading the petitioner to withdraw the original petition.
Sri Narasu'S Coffee Company Pvt.Ltd v.S.Sudhakar
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company Pvt.Ltd against S.Sudhakar and others. The dismissal was not a ruling on the merits but rather an acceptance of a Memorandum of Compromise signed between the parties. This settlement effectively resolved the dispute regarding the 'Udhaiyam' trademark registration in Class 30.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Giriedharan and others (Shri Lakshmi Agro Foods)
The Madras High Court dismissed OP(TM) No. 50 of 2025 after the parties entered into a Memorandum of Compromise. The petitioner, M/s.Sri Narasu'S Coffee Company Pvt. Ltd., had sought the cancellation and rectification of the trademark 'Udhaiyam' registered by the respondents in Class 30. Given the mutual agreement reached between the parties, the court allowed the petition to be withdrawn.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. filed a petition seeking the cancellation and rectification of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359360 in Class 30. However, both parties subsequently entered into a Memorandum of Compromise. Consequently, the Madras High Court dismissed the petition as withdrawn, allowing the dispute to be resolved amicably between the involved parties.
M/S.Sri Narasu'S Coffee Company Pvt. v.M/S.Shri Lakshmi Agro Agencies & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by M/S.Sri Narasu's Coffee Company Pvt. Ltd. against M/S.Shri Lakshmi Agro Agencies. The petitioner had sought to cancel the trademark registration 'Udhaiyam' in Class 30, citing grounds for invalidity. However, both parties subsequently entered into a Memorandum of Compromise and filed an additional joint memo requesting withdrawal. Consequently, the court accepted the request and dismissed the petition as withdrawn.
M/s.Sri Narasu'S Coffee Company Pvt.Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt.Ltd. had filed a petition seeking the rectification and cancellation of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359359 in Class 29. However, both parties subsequently entered into a Memorandum of Compromise dated October 10, 2025. Consequently, the Madras High Court dismissed the petition as withdrawn, resolving the dispute amicably.
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.
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.
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.
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