FMCG — India Patent Cases
190 decisions indexed
Page 4 of 7 · 190 total
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.
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.
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.
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.
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.
Unilever Plc v.Radhe Cosmetics
The Bombay High Court passed an interim application order, confirming a previous order and granting a temporary injunction. The injunction restrains Radhe Cosmetics from manufacturing or trading cosmetic preparations using marks or trade dress deceptively similar to Unilever's registered trademarks (like LAKME NINE TO FIVE) and copyrighted artistic works.
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 And Cosmetics
The Plaintiff (Unilever Plc) filed suit alleging that the Defendant was illicitly using its trademark, trade dress, and copyrighted artwork on rival products. The court found prima facie evidence of violation, noting that the defendant's claim of an international license did not negate infringement rights in India.
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.
Xotik Frujus Pvt Ltd v.Kishan Hirji Gothi Sole Proprietor Of Bubalus Beverages
Xotik Frujus Pvt Ltd filed a Commercial IP Suit against Kishan Hirji Gothi for alleged infringement. The Defendant submitted to the decree terms, leading the Court to dispose of the suit in favor of the Plaintiff.
Shree Shyam Snacks Food Pvt. Ltd. v.Rajesh & Ors.
The Delhi High Court addressed an appeal filed by Shree Shyam Snacks Food Pvt. Ltd. challenging a lower court's refusal to grant an ad interim injunction. While noting the appellant's claims of prior use of its trademark and copyright registration on its packaging, the Court ultimately decided not to interdict proceedings at that stage. Instead, it directed the District Judge to expedite the hearing of the interlocutory application, ensuring the matter moves forward promptly.
A.R.Safiullah v.Sri Ayyappan Fine Arts
A.R.Safiullah filed a civil suit against Sri Ayyappan Fine Arts and others, alleging infringement of his intellectual property rights. The plaintiff sought permanent injunctions based on Patent No. 198079 (for food-grade laminated paper) and Design No. 182931 (for artificial laminated banana leaves). Furthermore, the suit claimed passing off related to trade dress imitation. However, before a final judgment could be delivered, the plaintiff formally withdrew the civil suit.
Unilever Plc v.Pawan Saini
Plaintiffs, Unilever Plc, filed a suit alleging infringement of their registered trademarks (SURF/SURF EXCEL) and copyrights related to detergent packaging by the defendant. The plaintiffs presented evidence of counterfeit goods bearing slavish imitations of their marks and artworks.
Unilever Plc v.Ashok Kumar (Unknown Person)
Plaintiffs, Unilever Plc, filed an interim application seeking ad-interim reliefs against the defendant, Ashok Kumar (an unknown person), for infringement of their registered trademarks and copyrights, combined with an action for passing off. The plaintiffs alleged that the defendant was marketing and selling counterfeit goods using pirated artworks of SURF EXCEL detergent preparations.
Xotik Frujus Pvt. Ltd. v.Visat Beverages (Od)
The plaintiff, Xotik Frujus Pvt. Ltd., filed an interim application alleging that the defendant, Visat Beverages (Od), was infringing its registered trademarks and copyright related to its popular fruit drink 'JEERU'. The plaintiff argued that the defendant's product bore a slavish imitation of the plaintiff's mark and label. The court granted temporary relief in the form of an injunction and appointed a Court Receiver.
Browns and More India Pvt. Ltd. v.Brown Wall Foods Pvt. Ltd. & Ors.
The applicant/plaintiff filed an interim application against the defendants. The court heard arguments and accepted a statement from the counsel for defendant nos. 1 to 3 that the FIR registered on their behalf, which formed the basis of the suit invoking Section 60 of the Copyrights Act, 1957 read with 106 of Patents Act, would not be pursued.
Chutraram Nemaram Gehlot v.Rajaram Magharam Tak
The Plaintiff filed an interim application seeking ad-interim relief against the Defendant for infringement of registered Trade Marks ('Prem Dulhan') and copyrighted artistic work ('PREM DULHAN GREEN LABEL'). The court found prima facie evidence establishing that the Defendant's use of 'DABANG DULHAN' is deceptively similar to the Plaintiff's established marks. Consequently, the court granted an ad-interim injunction.
Starbucks Corporation v.Mr.Sunil & Ors.
The Delhi High Court decreed the suit in favor of Starbucks Corporation against Defendant No. 5 following a joint settlement agreement. The settlement confirmed that Starbucks owns registered trademarks (STARBUCKS, FRAPPUCCINO) and copyrights in its logos and artistic works. In exchange for a payment of Rs. 37,500/-, the defendant agreed to permanent injunctions restraining them from infringing or misusing these marks and copyrights, including ceasing the sale of counterfeit products.
Unilever Plc. And Anr. v.Ashok Kumar (unknown person/s)
Unilever Plc. filed an interim application seeking ad-interim reliefs against an unknown defendant for the infringement of its registered trade marks (including LAKME and U-Logo), copyrights in artistic works, and passing off related to its FMCG products. The court granted immediate relief, empowering Additional Special Receivers to seize and seal all infringing goods.
Unilever Plc & Anr. v.Vikas Sachdeva
Plaintiffs, Unilever Plc & Anr., filed an interim application seeking ad-interim reliefs in a suit for infringement of their registered trademarks and copyrights. Plaintiffs alleged that the defendant was clandestinely marketing and selling cosmetic preparations bearing counterfeit marks (LAKME, LAKME 9 to 5, LAKME EYECONIC) and infringing artworks. The court granted an interim order appointing an Additional Special Receiver to seize and seal the infringing goods.
Unilever Plc. v.Ranbir Narang
Unilever Plc. filed an Interim Application concerning the counterfeiting of its goods, which bear multiple registered trade marks (like POND'S, HUL) and copyrighted artistic containers. The court granted ad-interim injunctions against both defendants to prevent further infringement and directed a receiver to seize all infringing materials.
Unilever Plc v.Rahul Goyal
Plaintiffs, Unilever Plc (and its subsidiary Plaintiff no.2), filed an interim application seeking ad-interim reliefs against Rahul Goyal for infringement of their trademarks (LAKME, U-Logo, etc.), copyrights in artistic works, and passing off related to cosmetic preparations. The court granted the interim relief, appointing an Additional Special Receiver to seize and seal the infringing goods.
Mount Everest Breweries Limited v.State of Madhya Pradesh
Mount Everest Breweries Limited and United Breweries Limited filed a Writ Petition challenging the inaction of the State of Madhya Pradesh regarding the infringement of their IP rights. The petitioners alleged that unauthorized breweries were illegally using their registered trademarks, designs, and copyrighted artistic features on bottles, often replacing them with products from other manufacturers. This practice was causing significant losses and consumer risk due to faulty bottling. The High Court disposed of the petition by directing the State authorities to take appropriate action and provide a reasoned response to the petitioners' prior representations within sixty days.
S.Sudhakar / Shri Lakshmi Agro Foods P Ltd. v.Priya Krishnakumar / Krishnakumar
This Madras High Court case addresses a complex dispute involving alleged infringement of registered trademarks and copyright in the food product sector. The plaintiffs claimed that the defendants were using deceptively similar marks ('UDAYA MASALA' vs 'UDHAIYAM') and infringing on the artistic work/logo associated with their masala powders. While the suit sought various injunctions, damages, and accounts of profits, the judgment provided a preliminary decree addressing these claims.
M/s.Kaleesuwari Refinery Private Limited v.M/s.SP Traders
M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.SP Traders alleging infringement of its registered trade mark 'Gold Winner' and violation of copyright related to the packaging of edible oil. The plaintiff claimed that the defendant was using the deceptively similar mark 'Shree Gold' and passing off inferior products as the plaintiff's brand. Although the initial claims involved trademark, passing-off, and copyright violations, the parties ultimately reached a compromise.
S. Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd. v.Sree Sai Raama Oil Mill, V. Dhadapani, and S. Ravichandran
This civil suit was filed by S. Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd. against Sree Sai Raama Oil Mill, alleging infringement of the registered trademark "UDHAIYAM" and copyright violation concerning their oil products. The plaintiffs sought perpetual injunctions, rendition of accounts, and damages for passing off. However, before a final judgment on merits, the parties reached an amicable settlement.
S.Sudhakar & Shri Lakshmi Agro Foods Pvt. Ltd. v.M/s.Puvaneshwari Oil Traders
The plaintiffs, S.Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd., filed a suit against M/s.Puvaneshwari Oil Traders alleging trademark and copyright infringement concerning their registered mark 'UDHAIYAM' used for food products like Gingelly Oil. The plaintiffs sought perpetual injunctions and damages for passing off. However, during the hearing, the plaintiff's counsel requested permission to withdraw the suit while retaining the liberty to file a fresh case should future infringement occur.
Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh
Bharathi Consumer Care Products Pvt. Ltd. filed a civil suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The claims included unauthorized use of the 'XXX' registered trademark, copyright infringement on the product's artistic label/trade dress, and passing off. However, before the court could rule on the merits of the case, the plaintiff chose to withdraw the suit.
Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh
Bharathi Consumer Care Products Pvt. Ltd. filed a suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The plaintiff claimed that the defendant was infringing upon their registered trademark (XXX label) through manufacturing and distribution of similar goods, as well as committing copyright infringement regarding the artistic work on the packaging. Furthermore, the suit included claims of passing off based on trade dress similarity.
Cavinkare Pvt.Limited v.M/S.Ribock Industries
Cavinkare Pvt.Limited filed a civil suit against M/S.Ribock Industries alleging multiple infringements, including unauthorized use of Cavinkare's registered trademark 'ZOYO,' copyright violation concerning the 'NYLE' label design, and passing off. The plaintiff sought permanent injunctions and an accounting of profits. Ultimately, both parties reached an amicable settlement, which was formally recorded by the Madras High Court and incorporated into the final judgment.
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