FMCG — India Patent Cases
971 decisions indexed
Page 3 of 33 · 971 total
Reckitt And Colman (Overseas) Hygiene Home Limited & Ors. v.Ashok Kumar(S)/John Does & Ors.
In a significant commercial dispute concerning the HARPIC brand, the Delhi High Court issued several procedural orders favoring the Plaintiffs (Reckitt And Colman). The court allowed the plaintiffs to file additional documents and granted exemptions regarding pre-litigation mediation and advance service. Crucially, the court also permitted an ex parte ad interim injunction by appointing Local Commissioners to conduct inspections of the alleged infringing products, reinforcing the strength of the brand's trademark and trade dress protection.
Dilesh Raj Borana F.U.F. v.M/S Udhog Mandir
The Rajasthan High Court upheld a lower court's decision regarding the territorial jurisdiction for a trademark infringement suit. The petitioner challenged the rejection of their application to return/reject the plaint, arguing that the cause of action did not arise in Bikaner. However, the High Court ruled that Section 134(2) of the Trademarks Act, 1999 provides a special rule allowing an infringement suit to be filed where the plaintiff resides or carries on business, even if the cause of action is elsewhere. Consequently, the writ petition was dismissed.
Marico Limited v.Minolta Natural Care
The Bombay High Court addressed an interim application in a commercial IP suit filed by Marico Limited against Minolta Natural Care. The court noted that the plaintiff had presented a strong prima facie case for infringement covering trademark, copyright, design, and artistic work based on rival products. While the defendant sought time to explore an amicable settlement, the court granted a short adjournment but made it clear that if no resolution is reached by the next date, the interim application will proceed to final hearing.
Suresh Gulwani and Others v.M/S Dammani Brothers Through Partner Shri Rajendra Dammani
The Madhya Pradesh High Court granted a stay on an earlier Commercial Court order that had restricted the manufacturing, selling, and advertising activities under the 'SWAD GOLD' trademark. The petitioners argued that the restriction was causing immediate irreparable business loss, halting their entire operations and preventing them from selling existing stock. Given the prima facie case of injury, the High Court decided to stay the operation of the restrictive order until further hearing.
Honasa Consumer Limited v.Cloud Wellness Private Limited & Anr.
Honasa Consumer Limited sought an interim injunction against Cloud Wellness Private Limited, alleging infringement of its trade dress and passing off. The Delhi High Court dismissed the application, noting that the issues of originality, prior use, and distinctiveness of the 'Subject Trade Dress' are complex factual questions requiring a full trial. Given the prolonged market co-existence between both parties, the court found no compelling case for granting an immediate injunction.
Archian Foods Private Limited v.M/S Balaji Foods And Beverages & Anr.
Archian Foods Private Limited filed suit against M/S Balaji Foods And Beverages & Anr. alleging infringement of its trademarks, copyright, and trade dress related to 'LAHORI ZEERA' non-alcoholic beverages. The plaintiff successfully demonstrated the established goodwill and reputation of its brand. Although the defendants were proceeded ex-parte, the court found their actions not innocent and awarded nominal damages of Rs. 50,000/- to deter further illegal activities.
Asian Paints Limited v.Galaxy Paints Private Limited
The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.
Asian Paints Limited v.Galaxy Paints Private Limited
The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.
Asian Paints Limited v.Galaxy Paints Private Limited
The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.
Kaira District Cooperative Milk Producers Union Ltd. v.The Registrar of Trade Marks & Anr.
The Delhi High Court allowed an appeal filed by Kaira District Cooperative Milk Producers Union Ltd. against the dismissal of its trademark opposition. The court found that the original rejection was based on a factual error, as the Appellant had actually received the notice for filing evidence via email on September 15, 2024, not the date mentioned in the letter. Consequently, the High Court set aside the impugned order and directed the Registrar to hear and decide the opposition within two months, while also directing the registry to update the status of the trademark application.
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.
Dominos Ip Holder Llc & Anr v.Mr. Jaideep Singh Gusain & Ors
The Delhi High Court granted an ad-interim injunction in favor of Dominos Ip Holder Llc, restraining certain online entities (Defendants 9 and 10) from using marks deceptively similar to 'Domino's Pizza'. Furthermore, the court directed major aggregators, Zomato and Swiggy, to immediately take down specific listings containing infringing variations. This order establishes a strong preliminary stance against trademark infringement in the digital marketplace, while simultaneously setting out procedural steps for the full trial.
Ms. Drools Pet Food Private Ltd v.Registrar Of Trademarks & Anr.
The Delhi High Court issued procedural directions in the trademark opposition case filed by Ms. Drools Pet Food Private Ltd against the Registrar of Trademarks. Despite ongoing mediation efforts, the court set a timeline for the respondents to file their replies within six weeks, followed by rejoinders. The matter is scheduled for further hearing and completion of pleadings.
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.
M/S Esme Consumers Pvt Ltd v.Rikesh Tiwari Trading As All In One Traders & Anr.
The Delhi High Court granted the plaintiff, M/S Esme Consumers Pvt Ltd, interim relief in its suit against Rikesh Tiwari Trading As All In One Traders. The court recognized the strength of the 'BLUE HEAVEN' brand, noting its long history since 1972 and extensive portfolio of registered trademarks and copyrights across various cosmetic product lines. Crucially, the court directed the defendants to immediately take down listings of impugned products on major e-commerce platforms like Meesho and Amazon, affirming the plaintiff's rights against online infringement.
Kaira District Cooperative Milk Producers Union Ltd & Anr. v.M/S Amul Industries Pvt Ltd
The Gujarat High Court addressed an appeal challenging a previous rejection of an injunction application in a trademark/passing off dispute between Kaira District Cooperative Milk Producers Union Ltd and M/S Amul Industries Pvt Ltd. Recognizing the suit's commercial nature and high valuation (around 10 Crores), the court directed that the matter be treated as a commercial suit under the Commercial Courts Act, 2015. Furthermore, it mandated the Trial Court to expedite the trial process and aim for a final decision by March 31, 2027.
Mangalam Organics Ltd v.N Ranga Rao And Sons Pvt Ltd
The Bombay High Court dismissed the Plaintiff's interim application seeking injunction against the Defendant for alleged trademark infringement and passing off. The court found that the Plaintiff failed to establish a prima facie case, noting significant differences in packaging and vending methods between the two products. While rejecting defenses of laches and acquiescence, the judge concluded that the evidence did not sufficiently demonstrate that consumers would be misled into believing the goods were those of the Plaintiff.
Nitin Maheshwari And Anr v.Patanjali Foods Limited
The Delhi High Court addressed a procedural matter in an ongoing trademark infringement suit filed by Patanjali Foods Limited. The petitioners sought to challenge a previous dismissal order, which was related to their application under Section 151 CPC. Recognizing the core dispute involves trademark rights (infringement and passing off), the court directed that the petition be re-registered as CM(M)-IPD to ensure proper classification within the Intellectual Property Division of the High Court.
Jyothy Labs Limited v.Gautam Kumar & Anr.
Jyothy Labs Limited successfully secured an interim injunction against Gautam Kumar & Anr. in the Delhi High Court, addressing alleged infringement of its flagship 'MAXO' brand mosquito repellent product. The court recognized that the defendants were manufacturing and selling spying cameras embedded within or bearing deceptively similar marks to the plaintiff's registered products. Consequently, the Defendants were restrained from dealing in these infringing goods and ordered to remove all related listings and advertisements from major e-commerce platforms like Amazon and Flipkart.
Jain Shikanji Private Limited v.Satish Kumar Jain
This Delhi High Court order addresses an appeal challenging a prior injunction against the use of the trademark 'Jain Shikanji'. The court found evidence suggesting continued infringement, despite assurances from the appellant. Consequently, the court mandated that Jain Shikanji Private Limited provide detailed affidavits regarding its current branding and bank account usage, while immediately ceasing the use of the disputed mark on digital payment platforms like UPI.
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.
Sushil Kumar T/A Da Polo & Anr. v.The Polo/ Lauren Company L.P.
This appeal challenged a lower court's decision that rejected an application to dismiss a suit based on lack of jurisdiction. The respondent, holding registered trademarks like POLO, sued the petitioners (Da Polo) for infringement and passing off related to their use of similar marks online. The Delhi High Court upheld the Commercial Court's order, finding that since both parties were conducting business through interactive websites and e-commerce platforms within the court's jurisdiction, a valid cause of action existed.
Pidilite Industries Ltd. v.Vilas Nemichand Jain
The Bombay High Court allowed Pidilite Industries Ltd. to amend its original suit, which was initially filed for passing off. The plaintiffs sought to introduce claims for trademark infringement after successfully registering their mark during the pendency of the trial. The court ruled that the proviso to Order VI Rule 17 of the CPC would not apply in this case, noting that allowing the amendment would prevent multiplicity of proceedings. This decision allows the suit to evolve and incorporate stronger IP protections.
Burger King Corporation v.Swapnil Patil & Ors.
In a significant move protecting its brand integrity, Burger King Corporation successfully secured an ad interim injunction from the Delhi High Court. The court recognized that defendants were attempting to circumvent previous orders by opening new bank accounts and registering highly similar domain names (www.burgerkingfranchise.co.in). Consequently, the court ordered the immediate suspension of these domains, freezing the associated bank accounts, and mandating the takedown of all infringing online listings.
Dabur India Limited v.Marico Limited & Anr.
The Delhi High Court permitted Dabur India Limited to amend its trademark cancellation petition against Marico Limited. The amendment corrected an inadvertent error where the petitioner had mistakenly stated that their mark was 'deceptively similar' to the respondent's mark, contrary to their actual legal stand. The court allowed the correction, emphasizing that the change did not alter the cause of action or prejudice the respondent, thereby upholding the principle of rectifying clerical errors in pleadings.
Bikaner Sweets Corner v.Balaji Corner & Ors.
The Delhi High Court granted an interim injunction in favor of Bikaner Sweets Corner against Balaji Corner & Ors. The court found that the Defendants' adoption of the identical mark 'BIKANER SWEET CORNER' constituted potential infringement and passing off, given the proximity of the outlets and similarity of goods. Furthermore, the Defendants were immediately directed to cease using the impugned signboards and packaging within one week.
Maulesh Dayabhai Ukani & Anr. v.Baljit Singh Gandhi
The Delhi High Court addressed several applications in the trademark infringement suit filed by Maulesh Dayabhai Ukani & Anr. against Baljit Singh Gandhi. The court permitted the Plaintiffs to submit additional documentation, while also granting an exemption from mandatory pre-litigation mediation due to the urgency of the matter. Crucially, the court proceeded with interim measures, directing a Local Commission to be executed to inspect and inventory alleged infringing goods bearing the 'SIGNATURE' trademark.
Reckitt Benckiser (India) Private Limited v.Sauss Home Products Private Limited
Reckitt Benckiser (India) Private Limited sought an interim injunction against Sauss Home Products Private Limited, alleging trademark infringement and passing off related to its 'Robin' bird device mark used in FMCG products. The court first dismissed the defendant's challenge regarding territorial jurisdiction, finding that the cause of action arose within Delhi due to sales and online promotion there. Subsequently, the court found a prima facie case for passing off and copyright infringement, granting an interim injunction against the defendant.
S.Giridharan v.S.Sudhakar
The Madras High Court dismissed Civil Suit No. 193 of 2025 following a comprehensive settlement reached between the plaintiff, S.Giridharan, and several defendants. The suit, which sought declarations regarding ownership of the registered trademark UDHAIYAM and related injunctions, was resolved through a joint memorandum of settlement dated August 8, 2025. This agreement allowed the plaintiff to withdraw claims against certain parties while acknowledging existing titles held by others, leading to the final dismissal of the suit.
Kaira District Cooperative Milk Producers Union Ltd. v.The Registrar of Trade Marks & Anr.
The Delhi High Court allowed an appeal filed by Kaira District Cooperative Milk Producers Union Ltd. against the dismissal of its trademark opposition. The court found that the original rejection was based on a factual error, as the Appellant had actually received the notice for filing evidence via email on September 15, 2024, not the date mentioned in the letter. Consequently, the High Court set aside the impugned order and directed the Registrar to hear and decide the opposition within two months, while also directing the registry to update the status of the trademark application.
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