FMCG — India Patent Cases
971 decisions indexed
Page 5 of 33 · 971 total
Hell Energy Magyarorszag Kft v.Sipsnap Soda Llp & Ors
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Hell Energy against Sipsnap Soda. The court allowed several procedural applications, including granting exemptions from mandatory pre-litigation mediation and advanced service upon the defendants. Crucially, the court permitted the plaintiff to appoint a Local Commissioner to conduct search and seizure of evidence at the defendant's premises, ensuring the preservation of potential infringing materials. This order moves the case forward by formalizing the suit for permanent injunction regarding the 'HELL ENERGY' trademark and trade dress.
Ms Cafe Brown Sugar Pvt Ltd v.Vyom Foodcraft Pvt Ltd & Anr.
The Delhi High Court addressed an application seeking to introduce additional documents related to trademark applications and assignments in a commercial suit. The court, emphasizing that procedure is the handmaid of justice, permitted the plaintiff to place statutory Trademark Registry documents on record, despite their belated submission. However, the court rejected a third-party legal notice as irrelevant to the pleadings. This order allows the litigation to proceed with expanded evidence while ensuring procedural fairness for both parties.
Ashok Kumar Bhatia Trading As Kanika Impetus v.Kamal Raheja Trading As Amaira Herbals
The Delhi High Court issued an interim stay on a Commercial Court's order that had made an ad-interim injunction absolute. The dispute centered on the alleged infringement and passing off concerning the identical trademark 'MARKS GO' used for skin products by both parties. While noting procedural deficiencies in the lower court's decision regarding passing off principles, the High Court ultimately decided to stay the operation of the restrictive order pending a full appeal hearing.
Modern Snacks Pvt Ltd v.Bimbo Bakeries India Pvt. Ltd.
The Delhi High Court disposed of Modern Snacks Pvt Ltd's suit against Bimbo Bakeries India Pvt. Ltd., which sought permanent injunction and damages related to trademark infringement. The court noted that the defendant had already filed an independent suit (CS(COMM) 460/2020) against the plaintiff on the same grounds of trademark infringement. Citing Section 142(2) of the Trade Marks Act, 1999, the court held that the present suit could not proceed further, allowing the plaintiff to raise all contentions in the existing cross-suit.
The Hershey Company v.Ashok Kumar & Ors.
The Hershey Company successfully sought the expansion of its existing interim injunction against new parties found to be engaging in trademark infringement. The Delhi High Court allowed the plaintiff to implead several new defendants and extended the protective order, specifically restraining them from using or reproducing the company's name and marks on domains like THEHERSHEYCOMPANY.IN. This ruling reinforces the court's willingness to expand injunctive relief when evidence reveals additional infringing parties.
San Nutrition Private Limited v.Arpit Mangal And Others
The Delhi High Court addressed the tension between brand reputation and freedom of speech in influencer marketing. San Nutrition Private Limited sought an interim injunction against social media influencers, alleging trademark infringement, defamation, and unfair trade practices based on critical videos about its products. However, the court ruled in favor of the defendants, finding that the plaintiff failed to establish a prima facie case for infringement or disparagement. The judgment emphasized that the right to free speech under Article 19(1)(a) must be protected unless demonstrably false or malicious.
R J Reynolds Tobacco Company (Sr 6/2020/PT/KOL) v.The Controller General Of Patents Designs and Trademarks And Anr
R J Reynolds Tobacco Company challenged the refusal of its patent application for a tobacco flavorant method, which was rejected solely on the grounds that all forms of tobacco are injurious to human health (Section 3(b) of the Patents Act). The petitioner argued that the rejection lacked any scientific basis or reasoning, being based merely on a preconceived notion. The Calcutta High Court agreed, finding the Assistant Controller's order unsubstantiated and arbitrary. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration.
Glanbia Performance Nutrition Limited v.Hercules Nutra Pvt. Ltd. & Anr.
The Delhi High Court allowed a cancellation petition filed by Glanbia Performance Nutrition Limited against Hercules Nutra Pvt. Ltd., directing the removal of an identical trademark registration from the register. The court found that Glanbia was a prior user and adopter of the 'ON' mark for nutritional supplements, possessing immense goodwill in India since 2003. Given the deceptive similarity of the respondent's mark (including copying the swoosh arrow) and the identity of the goods, the registration was deemed dishonest and liable to be cancelled.
Tata Sons Private Limited & Anr. v.Malla Rajiv
The Delhi High Court ruled in favor of Tata Sons Private Limited & Anr. against Malla Rajiv for infringing on their trademarks and copyrights related to packaged drinking water. The court found that the defendant's use of 'JK COPPER+ WATER' was an unauthorized imitation, causing consumer confusion and diluting the plaintiffs' goodwill associated with brands like 'TATA COPPER+ WATER'. Consequently, the suit was decreed, granting permanent injunction, damages amounting to ₹ 10 lakhs, and recovery of actual legal costs.
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.
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.
M/S. Mocemsa Care v.The Registrar Of Trade Marks
The Delhi High Court allowed an appeal filed by M/S. Mocemsa Care against the Registrar's refusal of a device mark registration. The court held that even if the mark comprises common English words, its composite and stylized arrangement makes it distinctive when viewed as a whole. Furthermore, the court dismissed the objection regarding insufficient invoices, noting that this issue was never raised in the initial examination report. Consequently, the application is now directed to proceed with advertisement.
M/s. SANGEETHA CATERERS AND CONSULTANTS LLP v.M/s. NELLAI SANGEETHAS Pure Veg Restaurant
The Madras High Court ruled in favor of the plaintiff, M/s. SANGEETHA CATERERS AND CONSULTANTS LLP, finding that the defendant's use of 'NELLAI SANGEETHAS Pure Veg Restaurant' constituted deceptive similarity and trademark infringement. The court held that the impugned mark was deceptively similar to the plaintiff's registered trademarks, especially since both parties operate in the identical restaurant business. Consequently, the suit was decreed with permanent injunctions against further misuse and an order for the destruction of all infringing materials.
Bhole Nath Foods Ltd v.Kirorimal Kashiram Marketing And Agencies Pvt Ltd
The Delhi High Court granted an interim stay on a Commercial Court's injunction, which had previously barred Bhole Nath Foods Ltd from using its 'Cheetal' trademark. The court found that there was no phonetic or visual similarity between 'Cheetal' and the respondent's 'Double Deer,' noting that the appellant held a valid registration dating back to 2007. This decision allows the appeal to proceed without immediate restriction on the use of the disputed mark.
Dominos Ip Holder Llc & Anr. v.M/S Dominic Pizza & Ors.
Dominos Ip Holder LLC successfully secured an interim injunction against M/S Dominic Pizza & Ors. in the Delhi High Court. The court recognized that the defendant's use of names like 'Dominic Pizza' and 'Domindo Pizza' was highly likely to cause confusion, deception, and passing off with the globally renowned Domino's brand. This preliminary order provides immediate protection for the plaintiff's trademarks while the main suit proceeds.
Reckitt & Colman (Overseas) Hygiene Home Limited v.Ashok Kumar(S)/ John Doe(S)
In a major infringement suit concerning hygiene products, the Delhi High Court granted several procedural reliefs favoring the plaintiffs, Reckitt & Colman. The court allowed the plaintiffs to implead Ashok Kumar and John Doe as defendants and sanctioned an extensive local commission to investigate counterfeiting activities related to brands like HARPIC and LIZOL. Furthermore, the court provided exemptions from pre-institution mediation and advance service, paving the way for swift enforcement of their claims regarding trademark, copyright, design, and passing off infringement.
Ds Drinks And Beverages Private Limited v.Hector Beverages Private Limited
The Delhi High Court dismissed the appeal filed by Ds Drinks And Beverages Private Limited, upholding the interim injunction granted to Hector Beverages Private Limited. The court found that despite differences in surrounding words and product types (energy drink vs. juice), the core mark 'SWING' is predominant and highly similar. Given that both products are allied and sold across the same counter, the court ruled that there is a clear likelihood of customer confusion, favoring the established goodwill of Hector Beverages.
Raghuvar (India) Limited v.The Registrar of Trademarks
The Madras High Court dismissed the appeal filed by Raghuvar (India) Limited against the Registrar of Trademarks' decision regarding its opposition to the 'JAI HANUMAN' trademark. Although the appellant argued that their predecessor had prior, pan-India use and that a crucial assignment deed was ignored, the court ultimately found no infirmity in the original order. The rejection hinged on the lack of evidence demonstrating the appellant's actual use of the mark within South India, thereby upholding the Registrar's decision to restrict the scope of the new registration.
Kpn Farm Fresh Private Limited v.The Registrar of Trade Marks
The Madras High Court overturned a rejection order issued by the Registrar of Trade Marks regarding Kpn Farm Fresh Private Limited's application for the word mark 'KPN'. The court found that the initial decision failed to consider the appellant's defense of honest and concurrent use under Section 12 of the TM Act. Consequently, the matter has been remanded back to the Registrar for fresh consideration on this crucial legal point.
Cadbury Uk Limited v.ITC Limited
In this trademark dispute, the Calcutta High Court directed that the Registrar of Trademarks be formally included in the proceedings. This procedural step ensures all relevant parties are involved in the ongoing litigation between Cadbury UK Limited and ITC Limited. Furthermore, the court granted the petitioner liberty to carry out necessary informal amendments to their case filings. The matter is scheduled for further hearing on March 5th, 2025.
Gujarat Cooperative Milk Marketing Federation Ltd v.Amul-Franchise.in & Ors.
The Delhi High Court granted relief to Gujarat Cooperative Milk Marketing Federation Ltd (AMUL) in its ongoing trademark infringement suit. The court allowed AMUL to implead new parties, including the domain registrar and Google LLC, to pursue fraudulent activities related to their brand. Crucially, the court ordered the suspension and blocking of the infringing domain name www.educationdindia.com and directed the freezing of a specific bank account linked to the alleged infringement.
ITC Limited v.Ashok Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of ITC Limited, restraining defendants from using infringing domain names and sub-domains that fraudulently solicit franchises and dealerships under the guise of ITC's brand. The court reinforced previous orders, directing Domain Name Registrars to immediately lock and suspend the specified domains while also instructing the Cyber Cell to freeze numerous bank accounts linked to these fraudulent activities.
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.
Aditya Birla Fashion And Retail Limited v.Friends Inc & Anr.
The Delhi High Court ruled in favor of Aditya Birla Fashion And Retail Limited, granting permanent injunctions against Friends Inc for infringing the 'PETER ENGLAND' trademark. Furthermore, the court declared 'PETER ENGLAND' as a well-known trademark under the Trade Marks Act, 1999. The judgment emphasized that compliance with initial restraining orders was sufficient to proceed toward final decree and recognition of brand reputation.
The Good Stuff Private Ltd. v.Golden Chocolates Private Limited
The Madras High Court disposed of appeals between The Good Stuff Private Ltd. and Golden Chocolates Private Limited after the parties reached an amicable settlement regarding trademark disputes over 'Luvit Dairy Rich' and 'Appeal Dairy Rich'. Key terms included the respondent modifying its product label, withdrawing specific trademark and copyright applications, and agreeing not to challenge the appellant's existing trademarks. This resolution allows both parties to move forward without further litigation.
Birendra Prasad Sah v.Debendra Jalewal
The Gauhati High Court set aside several ex-parte orders passed by the Civil Judge, Nalbari, concerning a trademark infringement dispute over 'Matar Mixture.' The petitioner successfully argued that the respondent failed to adhere to procedural mandates, including providing notice before search and seizure (Misc. J Case 27/2023) and granting an injunction without allowing the defendant an opportunity to be heard (Misc. J Case 28/2023). While dismissing the revision petition on maintainability grounds, the court vacated the interim order, effectively protecting the petitioner's business operations pending further proceedings in the trial court.
Krbl Limited v.Praveen Kumar Buyyani & Ors.
The Delhi High Court allowed Krbl Limited's appeal, overturning a Commercial Court decision that had vacated an existing injunction. The court found that the respondent's use of 'Bharat Gate' for rice constituted clear infringement of the appellant's registered trademark 'India Gate.' Citing established legal precedents, the High Court held that prima facie evidence of infringement necessitates the continuation of the injunction to protect the goodwill and reputation of the original mark.
A.D.Padmasingh Isaac v.M/s.Selvee Indigenous Food Factory India Pvt. Ltd.
The Madras High Court disposed of a complex trademark dispute involving the brands 'AACHI' and 'PARAMPARIYA APPACHI RICE'. The litigation, which sought to cancel a rival mark and restrain infringement, concluded amicably. Both parties entered into a Memorandum of Compromise (MoC) on January 7, 2025, leading the court to dispose of both the petition and the suit without awarding costs.
A.D.Padmasingh Isaac v.M/s.Selvee Indigenous Food Factory India Pvt. Ltd.
The Madras High Court disposed of a complex trademark dispute involving the brands 'AACHI' and 'PARAMPARIYA APPACHI RICE'. The litigation, which sought to cancel a rival mark and restrain infringement, concluded amicably. Both parties entered into a Memorandum of Compromise (MoC) on January 7, 2025, leading the court to dispose of both the petition and the suit without awarding costs.
M/s.TTK Prestige Limited v.Sarvodaya Industries
M/s. TTK Prestige Limited filed a suit against Sarvodaya Industries alleging trademark and copyright infringement, as well as passing off. The plaintiff claimed that the defendant was using the deceptively similar mark 'PROTEIN' to infringe upon the registered trademarks and artistic logo of 'PRESTIGE'. Both parties ultimately reached an amicable settlement, which the court subsequently recorded and decreed.
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