FMCG — India Patent Cases
614 decisions indexed
Page 4 of 21 · 614 total
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.
Smt. B.K. Annapurnamma, Sri B.N.K. Sarathi, Smt. B.S. Nagarathna, and Sri B.S. Sapthagiri (Partners of M/s. Sarathi Perfumery Works) v.M/S. Mahendra Perfumery Works
The plaintiffs, partners of M/s. Sarathi Perfumery Works, filed a suit seeking permanent injunction against M/S. Mahendra Perfumery Works for infringing their registered design (No. 203040) of a display box. The court found that the copyright subsisting in the design had expired in 2016, rendering the cause of action infructuous.
Le Shark Apparel Limited v.Anil Shah And 2 Ors
The Bombay High Court granted rectification to remove a registered trademark (No. 466002) belonging to the Respondents, which was identical to the Petitioner's established global mark 'LE SHARK'. The court found that the Respondents had fraudulently adopted the mark and lacked evidence of genuine use, thereby allowing the Petitioner to proceed with its brand in India. This decision reinforces the principle that a trademark register must maintain purity against deceptive or fraudulent registrations.
Mars Incorporated v.Cadbury (India) Ltd & Ors
After nearly twenty-five years of protracted litigation over the trademark 'CELEBRATIONS,' Mars Incorporated and Cadbury (India) Ltd have reached a full and final amicable settlement. The Delhi High Court decreed the suit based on this mutual consent, which mandates both parties to withdraw various pending opposition and rectification proceedings before the Trade Marks Registry. Furthermore, in a gesture of goodwill, they jointly undertook to distribute confectionery assortments worth five lakhs each to schoolchildren across Delhi.
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.
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.
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.
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.
Bisleri International Private Limited v.Bisheshwar Mahto
The petitioner, Bisleri International Private Limited, sought interim relief against the respondent for infringing its trademarks and copyrights concerning packaged drinking water. The court granted ad-interim injunctions restraining the defendant from using deceptively similar marks and artwork, and also allowed leave to combine the passing off claim with the infringement suit.
Bisleri International Private Limited v.Priti Rajawat, Sole Proprietor Of M/S ...
Bisleri International Private Limited filed an Interim Application seeking further ad-interim relief against Priti Rajawat for alleged infringement of its trademarks (BRISLERI), copyright in its label/packaging, and design/shape. The court noted that previous interim orders were granted but had not been served on the Defendants. Consequently, the court ordered service of the relevant order before hearing and disposing of the current application.
Bisleri International Private Limited v.Bisheshwar Mahto
The plaintiff, Bisleri International Private Limited, filed an interim application seeking injunctions against the defendant for infringing its trade marks (BISLERI) and copyrights. The court granted ad-interim relief restraining the defendant from using similar marks, artwork, and designs on packaged drinking water products.
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.
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.
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.
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.
Shri Ved Prakash Garg Trading As M/S Parul Food Products v.Mr. Dhruv Singh And Anr.
The Delhi High Court allowed the rectification petitions filed by M/s Parul Food Products against Mr. Dhruv Singh, cancelling two registered trade marks ('FUNSHINE' and a Device Mark) in Class 30. The court found that these Impugned Marks were deceptively and identically similar to the Petitioner's established mark 'FUNFINE'. Given the Petitioner's prior use since 2005 compared to the Respondent's registration date of 2017, the judgment reinforced the principle that a prior user's rights supersede subsequent registrations when likelihood of confusion exists.
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.
M/S Nature Magic World v.The Registrar Of Trademarks & Anr.
M/S Nature Magic World challenged the Registrar of Trademarks' failure to recognize a Deed of Assignment that transferred two trademarks, 'COLORESSENCE' and 'COLORESSENCE eyes spy', to them. The Petitioner argued that despite the assignment, the records incorrectly showed the predecessor company as the owner. The Delhi High Court disposed of the petition by directing the Registrar to consider the Petitioner's representations for correcting the ownership status within four weeks, taking into account a no-objection from the original proprietor.
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.
Elite Gold Ltd v.The Asst Registrar Of Trade
The Calcutta High Court overturned an earlier decision that had expunged seven registered trademarks of 'KOPIKO' due to alleged lack of evidence of use. The appellant, Elite Gold Ltd, argued that they were a well-known international proprietor using their products through distributors. Recognizing the need for further evidence, the court set aside the rectification order and remanded the matter back to the Controller for a fresh hearing, allowing the appellant to adduce additional documents.
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.
Krishan Lal Bansal v.Union Of India
The Rajasthan High Court ruled in favor of the petitioner, Krishan Lal Bansal, who challenged the Registrar of Trademarks for incorrectly showing his 'Ganesh Chap' trademark status as 'Removed'. The court found that the initial registration was flawed—issued years late but confined to a past date (03.02.1996). Furthermore, the court emphasized that even if renewal was neglected, the Respondent failed in its duty by not issuing proper notices before cancellation. Consequently, the Registrar was mandated to issue a renewed trademark certificate with future validity.
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.
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.
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.
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.
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.
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