FMCG — India Patent Cases
971 decisions indexed
Page 4 of 33 · 971 total
Energy Beverages Pvt Ltd v.Ekadanta Packaged Drinking Water and Others
The petitioner filed a Leave Petition seeking to combine causes of action related to passing off and trademark infringement against the respondents. The plaintiff claimed ownership of the mark 'CLEAR' and proprietary rights over its artistic label and bottle shape, arguing that the defendant's use of 'CLEAR GOLD' amounted to infringement and passing off.
Ferrero Spa & Ors. v.M. B. Enterprises
Ferrero Spa filed a suit against M. B. Enterprises alleging infringement, passing off, and unfair competition related to its globally recognized brand, NUTELLA. Following reports of counterfeit products being manufactured under the same name in Thane, Maharashtra, Ferrero sought immediate protection. The Delhi High Court granted an interim injunction, restraining the defendant from continuing the alleged infringing activities until further proceedings.
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.
Mr. Piruz Khambatta & Anr. v.Franchise India Brands Limited & Anr.
The Delhi High Court addressed an application concerning the alleged contempt of a prior injunction order. The Plaintiffs asserted that the Defendants continued using the trademarks 'Rasna' and 'Rasna Buzz' despite the expiration of their Master License Agreement (MLA). While the court noted the dispute over a purported new agreement, it primarily directed the Defendants to file their reply within two weeks. Crucially, the Court reiterated that the existing injunction order must be strictly complied with.
Moti Mahal Delux Management Services Pvt Ltd v.M/S Doyir Eshi & Anr.
The Delhi High Court granted an interim injunction in favor of Moti Mahal Delux Management Services against its ex-franchisee, M/S Doyir Eshi & Anr. The court found that the defendant was willfully infringing upon the Plaintiffs' well-known and registered trade marks, specifically 'Moti Mahal' and 'Tandoori Trail'. The order immediately restrained the defendant from using confusingly similar marks in their restaurant business and mandated the removal of all impugned references from public platforms.
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.
Astha Jain & Anr. v.Ashok Kumar John Doe & Ors.
The Delhi High Court granted urgent interim relief in favor of the plaintiffs against various traders accused of selling counterfeit goods. The court found a prima facie case of trademark infringement, passing off, and copyright violation concerning the marks 'AYUVYA', 'i-GAIN+', 'IMFRESH', and 'BOOBEAUTIFUL'. Consequently, all defendants were restrained from using these impugned marks until further hearing, and specific directions were issued to take down product listings from major e-commerce platforms.
Lotus Herbals Private Limited v.Nishtu Enterprises & Ors.
The Delhi High Court allowed Lotus Herbals Private Limited to implead a new entity, Jhalak Cosmetics Store, as a defendant in its trademark infringement suit. This decision was based on the plaintiff's discovery that the new store was selling counterfeit products using the infringing 'LOTUS' mark and trade dress. Furthermore, the court extended the existing interim injunction to this newly added defendant and granted extensive powers to a Local Commissioner to conduct search, seizure, and document examination at the premises of the infringer.
Mold Tek Packaging Limited v.Pronton Plast Pack Pvt. Ltd.
Mold Tek Packaging Limited challenged a Commercial Court order that had vacated an ad-interim injunction restraining Pronton Plast Pack Pvt. Ltd. from manufacturing and selling products infringing Mold Tek's patents (IN 4014173 and IN 2987244). The suit patents relate to tamper-evident lid closure systems used for food containers. The Delhi High Court set aside the impugned order, finding that the Commercial Court had erred in its application of legal principles regarding infringement. Consequently, the original injunction was restored to remain in operation pending a fresh consideration by the lower court.
Ram Roop Singh Trading As M/S Durga Trading Co. v.Girjesh Singh Trading As M/S Murli Trading Co.
Ram Roop Singh Trading As M/S Durga Trading Co. filed a commercial suit against Girjesh Singh Trading As M/S Murli Trading Co., alleging infringement of trademarks and copyrights related to edible products. The Delhi High Court addressed several interlocutory applications, granting the plaintiff exemption from pre-litigation mediation due to the potential health risks associated with substandard goods. Furthermore, the court condoned a delay in re-filing the suit, allowing the main plaint seeking permanent injunction for infringement to be registered and listed before the court.
Lt Foods Limited v.Murli Flour Mills P Ltd
Lt Foods Limited successfully secured an interim injunction against Murli Flour Mills P Ltd in the Delhi High Court. The plaintiff, a major player in the rice and food category, alleged that the defendant was infringing its registered trademarks 'DAAWAT' and 'DAWAT' by using an identical mark for premium 'Jeera'. The court found a prima facie case of infringement and passing off, granting immediate relief to prevent consumer confusion while the suit proceeds.
Sunil Niranjan Shah v.Vijay Bahadur
The Delhi High Court addressed several interlocutory applications in a trademark infringement suit filed by Sunil Niranjan Shah against Vijay Bahadur. Crucially, the court granted the plaintiff exemption from mandatory pre-institution mediation, citing the defendant's suspicious conduct and history of similar infringing activities through related parties. The court also directed the defendant to appear physically on the next date of hearing, signaling continued judicial scrutiny over the matter.
Pawan Kumar Mittal Proprietor, Salasar Dev Basmati House v.Vijay Gupta & Ors.
The Delhi High Court overturned a District Judge's refusal to grant an ex parte ad interim injunction in a trademark infringement case. The court held that the lower court failed to provide any reasoning for its disinclination, which is legally unsustainable when addressing such urgent relief. Citing precedent regarding passing off and infringement, the High Court emphasized the necessity of immediate action, including appointing a Local Commissioner, if a prima facie case exists.
Moti Mahal Delux Management Services Pvt Ltd v.M/S. Soni Hospitality Services & Anr.
The Delhi High Court decreed a trademark infringement suit between Moti Mahal Delux Management Services and Soni Hospitality Services based on an amicable settlement. The defendant acknowledged the plaintiff's registered trademarks ('Moti Mahal', 'Tandoori Trail') and agreed to cease all use of confusingly similar marks, hand over promotional materials, and adhere strictly to the terms of a new franchise agreement. This judgment highlights how parties can resolve complex IP disputes through negotiated settlements.
Chet Chamnitiravanich v.Organovedics Through Its Partners Ms. Sonia and Mr. Nitin Gangadhar and Ors
In a significant ruling concerning trademark infringement, the Delhi High Court granted crucial interim relief to the plaintiff, Chet Chamnitiravanich. The court allowed the appointment of Local Commissioners to conduct an inventory and seize counterfeit 'MENA' soap products being manufactured and exported by the defendants. Furthermore, recognizing the urgency of stopping counterfeiting, the court exempted the plaintiff from mandatory advance service requirements against key defendants.
Hindustan Unilever Limited v.Rspl Limited
Hindustan Unilever Limited (HUL) sought an interim injunction against Rspl Limited over disparaging advertisements for its 'Ghadi' detergent, claiming the ads tarnished HUL's flagship product, 'Surf Excel.' The Delhi High Court found that while comparative advertising is permissible, derogatory and defamatory remarks are not. Consequently, the court issued a prima facie order directing Rspl to remove specific phrases—such as 'Na Na, yeh dhoka hai' and 'Aapka kare badi badi baatein, dho nahi patey'—from its commercials before they can be broadcast.
S.G.R. (777) Foods Pvt Ltd v.H.R.Marketing
S.G.R. (777) Foods Pvt Ltd successfully secured a judgment against H.R.Marketing in the Madras High Court regarding alleged infringement and passing off related to their product label and trade dress. Although the suit involved claims under both Copyright Act and Trade Marks Act, the parties reached a memorandum of compromise. The court decreed the suit based on this settlement, granting permanent injunctions and ordering the destruction of all infringing materials.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration. However, the court noted that the petitioner failed to disclose a material disclaimer in its registration certificate, which limited exclusive use of the device 'Swastik'. Consequently, the application was dismissed as an abuse of process.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration and obtaining copyright protection. However, the court found that the petitioner had suppressed a material fact—a disclaimer in its own registration certificate limiting exclusive use. Consequently, the application was dismissed as an abuse of process.
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.
More Retail Private Limited v.Begud Beverages Private Limited & Anr.
The Delhi High Court allowed a petition filed by More Retail Private Limited seeking the cancellation of a specific trademark registration held by Begud Beverages Private Limited. This decision was reached following a settlement agreement between the parties, which stipulated the cancellation as part of the compromise of the underlying commercial suit. The court directed the Trade Mark Registry to proceed with the revocation.
Moti Mahal Delux Management Services Pvt Ltd & Ors. v.M/S Jai Maa Vaishnao Brick Field & Anr
The Delhi High Court granted interim relief in favor of Moti Mahal Delux Management Services against Jai Maa Vaishnao Brick Field. The court found a prima facie case for trademark and copyright infringement, noting that the defendant continued using protected marks ('Moti Mahal') and associated artistic elements despite the termination of a franchise agreement. Consequently, the court issued a strong injunction directing the defendant to immediately cease use of the impugned marks across all platforms, including menus, invoices, and social media websites.
El Baik Food Systems Co Sa v.M/S. Albaik Foods Trading Private Limited & Ors.
The Delhi High Court issued an order in a dispute between El Baik Food Systems Co Sa and M/S. Albaik Foods Trading Private Limited regarding trademark, color combination, and packaging. The court noted that the defendants were preparing to file their written statement and would seek instructions on the reliefs sought by the plaintiff. Consequently, the matter was scheduled for renotification on August 5, 2025, indicating ongoing litigation.
El Baik Food Systems Co Sa v.M/S. Albaik Foods Trading Private Limited & Ors.
The Delhi High Court issued an order in a dispute between El Baik Food Systems Co Sa and M/S. Albaik Foods Trading Private Limited regarding trademark, color combination, and packaging. The court noted that the defendants were preparing to file their written statement and would seek instructions on the reliefs sought by the plaintiff. Consequently, the matter was scheduled for renotification on August 5, 2025, indicating ongoing litigation.
Mohammed Azam Trading As M/S Noor Ahmed v.Paramjeet Singh & Anr.
The Delhi High Court issued a significant interim order in favor of the plaintiff, Mohammed Azam Trading As M/S Noor Ahmed. The court granted an immediate interim injunction, restraining the defendants from using the infringing mark 'NURY/' while the main suit proceeds. Furthermore, the court allowed the plaintiff to file additional documents and exempted them from pre-institution mediation, setting a clear path for the litigation's progression.
Parle Products Pvt Ltd v.The Registrar Of Trade Marks & Anr.
Parle Products Pvt Ltd filed an appeal seeking to quash a previous opposition order related to trademark application no. 6109894 in Class 30. The Delhi High Court issued an interim order, allowing both the appellant (Parle) and respondent no. 2 sufficient time—six weeks for synopsis filing and subsequent reply periods—to prepare their arguments before proceeding with the substantive hearing.
M/S Mithaas Sweets And Restaurant Private Limited v.M/S Lakhi Ram Deepak Kumar
The Delhi High Court addressed a petition filed by Mithaas Sweets and Restaurant challenging the District Judge's order that allowed the Respondent to file a suit afresh regarding trademark infringement. While initial applications concerning delay condonation were granted, the core dispute over jurisdiction—specifically why a 2016 suit was decided by a Civil Court instead of under the Commercial Courts Act—was deferred. The court has now scheduled further proceedings for August 19, 2025, requiring both parties to file detailed notes of contentions.
Enhaz Beverages Private Limited v.Shubh Food Agro Industries & Ors.
The Delhi High Court granted an ex parte ad interim injunction in favor of Enhaz Beverages Private Limited against Shubh Food Agro Industries & Ors. The court found that the defendant's use of the mark 'GROWSY' and a deceptively similar trade dress constituted infringement, passing off, and dilution of the plaintiff's registered trademark 'GROOVY' and its family of marks. This preliminary order protects the plaintiff's brand reputation while the full suit proceeds.
More Retail Private Limited v.Begud Beverages Private Limited & Anr.
The Delhi High Court allowed a petition filed by More Retail Private Limited seeking the cancellation of a specific trademark registration held by Begud Beverages Private Limited. This decision was reached following a settlement agreement between the parties, which stipulated the cancellation as part of the compromise of the underlying commercial suit. The court directed the Trade Mark Registry to proceed with the revocation.
Glossy Paints India Pvt Ltd & Anr. v.Nippon Paint (India) Private Limited & Ors.
The Delhi High Court has formally registered the trademark infringement suit filed by Glossy Paints India Pvt Ltd against Nippon Paint. While addressing various interlocutory applications, the court allowed the plaintiffs to file additional documents and exempted them from pre-institution mediation. Crucially, the court also initiated proceedings for an interim injunction, setting a date for further arguments on the matter of trademark infringement.
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