FMCG — India Patent Cases
190 decisions indexed
Page 6 of 7 · 190 total
Manyavar Fashion Private Limited v.Manyavar Creations Private Limited
This Karnataka High Court judgment addressed writ petitions filed by Manyavar Fashion Private Limited challenging a lower court's decision to issue only an emergent notice instead of granting immediate temporary injunctions. The petitioners sought protection for their registered trademark 'Manyavar' and copyrighted artistic work against alleged infringement and passing off by the defendants. The High Court, without delving into the merits of the case, directed the trial court to expedite the hearing on all interim applications and pass appropriate orders promptly.
M/s.Power Soaps Limited v.M/s. C M Detergent
M/s. Power Soaps Limited filed a suit against M/s. C M Detergent alleging infringement of its registered trademarks ('DK' and 'POWER') and copyright violation concerning the use of deceptively similar marks on detergent wrappers. The plaintiff sought perpetual injunctions, destruction of infringing materials, and accounts of profits. However, the plaintiff subsequently instructed their counsel to withdraw the suit, leading the court to dismiss the case.
Munish Kumar Singla Trading As: Chakshu Food Products v.Jollibee Foods Corporation
The Delhi High Court allowed an appeal filed by Chakshu Food Products, setting aside a restrictive ex-parte injunction granted against it by the trial court. The core issue was whether Jollibee Foods Corporation could enforce its trademark and copyright rights over a bee image when it had not commenced business in India despite having registered the marks since 2005. The Court ruled that without actual use or entry into the Indian market, an ex-parte injunction against a local competitor is unwarranted, emphasizing principles from cases like Milmet Oftho Industries.
McDonalds India Pvt. Ltd. v.Commissioner Of Trade and Taxes, New Delhi
This batch of cases addressed the tax implications of franchise agreements under various state sales tax laws. The core dispute centered on whether the royalties received by franchisors for allowing franchisees to use their brand system constituted a 'transfer of the right to use goods' (trademark). The Delhi High Court ultimately held that the franchise agreements only grant a limited right to use, and do not constitute an outright transfer of IP rights. Consequently, the tax demands levied on these transactions were quashed.
Cholayil Private Limited v.Aditya Birla Management Corporation Pvt Ltd.
Cholayil Private Limited filed a suit against Aditya Birla Management Corporation and others, alleging infringement of its trademarks ('Medimix', Mortar and Pestle) and copyright in its product labeling. The plaintiff sought perpetual injunctions, damages, and an accounting of profits due to the defendants' alleged unauthorized use of similar marks and artistic works on soaps and cosmetic products. Ultimately, both parties reached a Joint Memo of Compromise, leading to the suit being disposed of amicably.
Dart Industries Inc & Anr. v.Techno Plast & Ors.
Dart Industries Inc, through its licensee Tupperware India Pvt. Ltd., filed a suit alleging infringement of their proprietary designs and copyrights related to the popular 'Tupperware' storage containers. The plaintiffs claimed that defendants were copying these unique designs, leading to confusion in the market. However, the Delhi High Court dismissed the appeal, finding that the plaintiffs failed to adequately plead and prove the distinctiveness of the product shape for trademark purposes, thereby lacking prima facie strength in their claims regarding design protection, copyright infringement, and passing off.
Reckitt Benckiser Health Care (India) Pvt. v.Emami Ltd & Ors.
The appeal challenged a temporary injunction granted by the Trial Court, which restrained the defendant from displaying an advertisement for 'MOOV' that compared it to the plaintiff's product, ZANDU BALM. The High Court examined whether such comparative advertising amounted to disparagement of the plaintiff's trademark and copyright.
M/S Rspl Health Pvt. Ltd. v.Giani Ram Mittal & Ors.
The plaintiff filed a suit seeking permanent injunction against the defendants for alleged infringement of its trade mark XPERT and copyright, claiming prior adoption in respect of laundry products. The defendants countered by asserting their own established use of the 'SAGAR' trademark and arguing that the marks were dissimilar. The court ultimately dismissed the application for interim injunction, finding that the plaintiff failed to establish a prima facie case.
Societe Des Produits Nestle, .S.A. v.Sapan Kumar Bhatia & Ors
In this Delhi High Court case involving Nestle and Sapan Kumar Bhatia, the parties reached an amicable out-of-court settlement during the pendency of the litigation. The defendants acknowledged Nestle's ownership rights over the 'MAGGI' trademark, domain name (www.maggi.in), and copyright in the logo and label. Consequently, the court allowed a compromise application, decreeing the suit based on the agreed terms, which included a final payment of ₹2,00,000/- from the defendants to the plaintiffs.
Venkatraman Das v.M/s.Vns Innovations Pvt. Limited
This civil suit was filed by Venkatraman Das seeking permanent injunction against M/s.Vns Innovations Pvt. Limited for allegedly infringing his registered patent on a 'Disposable Armpit Perspiration Pad' (Patent No. 181248). The defendants challenged the validity of the patent, arguing that the product was old and lacked novelty or inventive step. After examining the prior art, the court found that the plaintiff failed to demonstrate any genuine innovation over existing knowledge. Consequently, the suit for infringement and rendition of accounts was dismissed.
Reckitt Benckiser (India) Ltd. v.Hindustan Unilever Ltd.
The dispute involved multiple suits where both parties objected to each other's advertisements, alleging disparagement. The ads compared products like Dettol antiseptic liquid, Vim cleansing liquid, Lifebuoy soap, and Dettol cleaning liquid regarding their germ-killing or protective effects.
R.M. Dhariwal (Huf) v.Commissioner Of Central Excise, Pune-III
The appellant challenged an order confirming a demand for Rs.64,17,003/- based on providing scientific/technical consultancy services related to the use of the 'Manikchand' brand and its formulae. The appellant argued that the transfer of intellectual property rights (trade name and formulae) was covered under service tax from September 2004, making the demand for the prior period unsustainable.
A.R. Safiullah v.A. Sowkath Ali
The petitioner sought ad-interim injunctions against the respondents regarding infringement of his registered patent (No. 198079) and registered design (No. 182931), as well as passing off related to artificial laminated banana leaves. The court found that while the claim for restraining patent infringement was not grantable, interim injunctions were allowed for design infringement and passing off.
Miss.Kajal Aggarwal v.The Managing Director, M/s.V.V.D. & Sons P.Ltd.
The actress, Miss. Kajal Aggarwal (Appellant), filed an appeal against the refusal to grant interim injunction, alleging that the Respondent used her image and profile for promoting their hair oil and coconut oil products after the one-year endorsement agreement expired. The court ruled in favor of the appellant, holding that the right to use the actress's profile is limited by the contract duration, thus granting the injunction.
Kwality Biscuits Pvt. Ltd. v.Asst. Commissioner of Income-tax Circle-11(5), Bangalore
Kwality Biscuits Pvt. Ltd. transferred its intellectual property rights (trade marks, designs, and copyrights) related to 'Kwality' biscuits to M/s.Britania Industries Ltd. for ₹30 crores. The Assessing Officer taxed this receipt as long-term capital gains, arguing that the transfer included the right to manufacture. The Tribunal ultimately held that the right to market was distinct from the right to manufacture.
Servewell Products Pvt Ltd v.Dolphin
Servewell Products Pvt Ltd filed a suit against Dolphin, alleging infringement of its registered copyrights in artistic works and its registered design for serving trays. Initially, the court granted an interim injunction favoring Servewell based on prima facie evidence of copying. However, upon considering Dolphin's counter-arguments regarding the novelty and public disclosure of the design, the court found that Dolphin had a reasonably arguable case to challenge the registration. Consequently, both the injunction related to the artistic works and the design was vacated.
Arun Colour Chem & Ors. v.Mithumal Essance Mart & Anr
The Delhi High Court stayed a complex infringement suit involving trademark and copyright claims related to the 'SUN BRAND' food colour label. The core issue revolved around conflicting registrations, as the Defendant held valid marks that challenged the Plaintiff's claim. Given that both the trademark and copyright validity were subject to ongoing rectification proceedings, the court deemed it prudent to halt the litigation until those foundational issues were resolved.
Bureau Of Indian Standards v.Pepsico India Holdings P. Ltd.
This appeal before the Delhi High Court concerned whether Pepsico's use of specific terms ('PURE', 'PURITY GUARANTEED') and a pictorial device (snow-capped mountain) on its packaged drinking water label, Aquafina, was misleading. The Bureau of Indian Standards argued that these elements suggested the product was mineral water from mountains, which was untrue for standard packaged drinking water. After considering the statutory powers of BIS and consumer protection concerns, the court partially allowed the appeal.
Mariappan v.A.R.Safiullah
This Madras High Court judgment addressed appeals concerning alleged infringement and passing off related to food-grade laminated paper resembling banana leaves. The plaintiff, Mariappan, claimed exclusive rights under Patent No. 198079 and a registered design. The court sustained the interim injunction favoring Mariappan, recognizing his established goodwill and potential irreparable loss. However, it noted that the concept was prima facie innovative rather than an invention, confirming the earlier order against A.R.Safiullah.
M.G.M. Entertainments Pvt. Ltd. v.Commissioner Of Customs
The Tribunal upheld the Customs department's decision that various payments made by the franchisee (M.G.M. Entertainments) to the foreign franchisor were part of the transaction value of the imported goods. These fees, including franchise fee, license fee for technical know-how, and royalty, were deemed necessary conditions for the sale and use of the licensed products.
Wipro Limited v.Oushadha Chandrika Ayurvedic India (P) Limited
Wipro Limited appealed against a single judge's decision to reject suits filed for trademark infringement ("Chandrika") and copyright infringement. The core issue was whether the Madras High Court had jurisdiction, as the respondents were located outside its territorial limits. The court held that when challenging jurisdiction via demurrer, the allegations in the plaint must be accepted as true.
Wipro Limited, Thiru Vi Ka Industrial ... v.Oushadha Chandrika Ayurvedic India (P) ...
The plaintiffs (Wipro Limited) filed suits alleging infringement of their registered trade mark 'Chandrika' and associated copyright by the defendants. The lower court rejected these suits on jurisdictional grounds, arguing that no essential part of the cause of action arose within its territory. The High Court appellate bench overturned this decision, holding that when jurisdiction is challenged via demurrer, the allegations in the plaint must be taken as true.
Eureka Forbes Ltd. v.Hindustan Unilever Ltd.
The appeal challenged the Single Judge's decision to allow a suit for patent infringement. The court examined whether the plaint disclosed a cause of action, particularly when the suit was filed against another patentee. The High Court held that the plaint did disclose a cause of action and dismissed the appeal.
New Hope Food Industries (P) Limited v.Pioneer Bakeries (P) Limited
The Madras High Court allowed the appeals filed by New Hope Food Industries, granting an interlocutory injunction against Pioneer Bakeries. The court found that New Hope had established strong prima facie evidence regarding trademark infringement ('MILKA') and copyright violation concerning its 'MILKA WONDER CAKE' brand and packaging. This decision allows New Hope to protect its market reputation while mandating the company to deposit Rs. 20 lakhs annually into the suit for the duration of the litigation.
Cadbury India Limited And Ors. v.Neeraj Food Products
The Delhi High Court granted an interlocutory injunction in favor of Cadbury India Limited against Neeraj Food Products, finding a prima facie case of trademark infringement and copyright violation. The court held that the defendant's use of 'JAMES BOND' was phonetically and visually confusingly similar to Cadbury's registered mark 'GEMS', leading to a high likelihood of deceiving unwary purchasers. Furthermore, the packaging adopted by the defendant was deemed a substantial imitation of Cadbury's distinctive pillow packs, constituting both copyright infringement and passing off.
Sundar Chemicals Pvt. Ltd., Sundar Dietetics Pvt. Ltd., and Sundar Diabetics Dezire v.Adyar Ananda Bhavan And Muthulakshmi ...
The plaintiff, operating under various names, sought an ad-interim injunction against the respondent for infringing two registered patents: one covering a process for making low glycemic sweets with fructose (No. 193899) and another covering the resulting product (No. 200285). The defendant challenged the validity of these patents, claiming fraud by the plaintiff. However, the court found that the plaintiff had established a prima facie case and granted the interim injunction.
M/s. Dhodha House v.S.K. Maingi
The Supreme Court addressed two appeals concerning intellectual property rights. In one case (Dhodha House), the appeal regarding trademark and copyright infringement was dismissed. In another case (Patel Field Marshal), the court allowed the appeal, ruling on jurisdictional issues related to composite suits involving both trade mark and copyright.
Jolen Inc. v.Mr. Shobanlal Jain, Hindustan Rimmer
The Madras High Court reversed a lower court's decision that had dismissed an interim injunction and revoked the plaintiff's leave to institute a lawsuit. Jolen Inc., alleging infringement of its trademark 'JOLEN' and copyright in its distinctive packaging for crme bleach, successfully argued that sufficient cause of action existed based on advertisements and retail sales in India. Consequently, the court reinstated the interim injunction protecting both the copyright and passing off claims, ensuring the suit could proceed expeditiously.
Faber-Castell v.Pikpen Private Limited
The plaintiffs sought an injunction against the defendants for infringing their registered design and passing off their product using the identical trade mark "TEXTLINER". The court found that there was a deceptive similarity in the shape, configuration, color scheme, and get-up of the products. After establishing the plaintiffs' ownership rights, the court allowed the motion for an injunction.
Prestige Housewares (India) Ltd. v.Prestige Estates And Properties Cooperatives
This appeal before the Karnataka High Court challenged an order from the Copyright Board regarding the revocation of a copyright registration held by Prestige Estates And Properties Cooperatives. The petitioners, Prestige Housewares (India) Ltd., alleged that the respondent was infringing their artistic work and Trade Mark 'PRESTIGE', causing confusion in the market. However, the court ultimately dismissed the appeal, finding no merit in the contention that the respondent's use of the mark constituted infringement or passing off.
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