TRADEMARK — India Patent Cases
719 decisions indexed
Page 11 of 24 · 719 total
Louis Vuitton Malletier v.The Registrar Of Trade Marks
In this matter concerning a trademark opposition, Louis Vuitton Malletier sought relief after being unable to complete the payment for its notice of opposition due to a technical glitch with the payment gateway. The Delhi High Court acknowledged the petitioner's claim regarding the non-fault nature of the delay and took steps to ensure all parties were heard. Consequently, the applicant of the disputed mark was impleaded as Respondent No. 2, allowing the litigation to proceed fairly.
Omved Lifestyle Pvt Ltd. v.Sanjay Jain
The Delhi High Court granted a petition for rectification, ordering the removal of the trademark 'OMVEDA' (Registration No. 1953655) from the Register. The petitioner, Omved Lifestyle Pvt Ltd., successfully argued that the impugned mark was dishonest and unfair, causing potential confusion with its own established marks ('OMVED'). The court found that allowing the registration would amount to passing off and deceive the public, thereby upholding the petitioner's claim as the exclusive owner of similar marks.
Abhinav Immigration Services Pvt. Ltd. v.The Registrar Of Trade Marks
The Delhi High Court set aside the Registrar's refusal to register the mark 'VISA EXPERTS - PARTNERING LIFE CHANGING DECISIONS' for visa and immigration consultancy services. The court ruled that the composite nature of the mark prevents it from being deemed merely descriptive under Section 9(1)(b). Furthermore, addressing the likelihood of confusion (Section 11(1)), the Court noted an agreement with the conflicting trademark owner to proceed provided a disclaimer of the word 'VISA' is included. Consequently, the application was directed to be advertised for registration.
Biofarma v.Imedrix Systems Pvt. Ltd
The Madras High Court dismissed a petition filed by Biofarma seeking the removal of a registered trademark (No. 3599190) held by Imedrix Systems Pvt. Ltd. The court noted that the petitioner failed to appear before the court on two successive occasions, leading to the dismissal of the Original Petition for default.
Tirupati Foam Limited v.Shri Vignesware Fibres Pvt. Ltd.
The Madras High Court dismissed a trademark rectification petition filed by Tirupati Foam Limited against the entry 'SLEEP LIKE A DREAM' (No.2064365) in Class 20. The court noted that the petitioner had failed to appear before the court on two successive occasions, leading to the dismissal of the Original Petition for default. This highlights the importance of diligent representation in trademark litigation.
Fateh Chand Bhansali & Anr. v.M/S Vans Inc Usa
The Delhi High Court dismissed a writ petition filed by Fateh Chand Bhansali & Anr. challenging an interim order passed by the Intellectual Property Appellate Board (IPAB) regarding the word mark 'IVANS'. The court noted that the petitioners had previously withdrawn their challenge to the same interim order, and therefore, any substantive arguments should be reserved for the final hearing of the underlying cancellation petition. This decision reinforces the principle that challenges to IP decisions must be pursued through appropriate procedural channels.
Walter Bushnell Private Limited & Anr. v.Ramesh Juneja & Ors.
Walter Bushnell Private Limited filed a petition seeking contempt action against Ramesh Juneja and others for violating an Intellectual Property Appellate Board (IPAB) order. The IPAB had previously directed the removal of the trademark 'DROTIKIND' (Registration No. 1309918). Despite this directive, the respondent renewed the impugned trademark. Consequently, the Delhi High Court issued notice to the respondents, setting a date for their appearance and initiating proceedings related to the alleged violation.
M/S.Ramson Tile Works (Pvt) Ltd. v.M/S.Supreme Tile Works
M/S.Ramson Tile Works (Pvt) Ltd. filed two Original Petitions seeking the expungement and removal of registered trademarks belonging to M/S.Supreme Tile Works from the register. The petitions targeted marks like 'SUPREME TILE WORKS' and 'AMARJYOTHI' in Class 19, alleging grounds for cancellation under the Trade Marks Act, 1999. However, before any substantive hearing could take place, the petitioner chose to withdraw both Original Petitions.
R.Nagarajan @ K.R.Nagarajan v.S.Ravichandran
The Madras High Court allowed a rectification petition filed by R.Nagarajan against S.Ravichandran concerning Trade Mark No. 3102490 (RAVIRAM'S). The decision was based on a joint memorandum of compromise where the defendant agreed to withdraw and cancel the registered trademark. Consequently, the court directed the Registrar of Trade Marks to remove the entry from the register within four weeks.
Kerala State Road Transport Corporation (KSRTC) v.Karnataka State Road Transport Corporation
The Madras High Court dismissed the petitions filed by KSRTC seeking rectification of trade mark entries held by Karnataka State Road Transport Corporation. The court found that despite KSRTC's claim of prior use dating back to 1965, the respondent was entitled to protection under Section 12 of the Trade Marks Act due to 'other special circumstances.' Given both entities operate in the transportation sector and utilize distinct regional scripts (Malayalam vs. Telugu), the court ruled that peaceful coexistence is possible, thus upholding the existing registrations.
Allied Blenders And Distillers Limited v.Batra Brewries And Disttilleries Private Limited & Ors.
The Delhi High Court issued several orders in the trademark infringement suit between Allied Blenders and Batra Brewries. The court confirmed the existing ad-interim injunction against the defendants, noting their adoption of the mark 'PRINCIPAL PREMIUM.' However, permission for the defendants to exhaust existing stock was recalled due to non-compliance with providing a stock statement. Furthermore, the court condoned the delay in filing the written statement and dismissed an application seeking the deletion of one defendant.
Institute Of Directors v.Worlddevcorp Technology And Business Solutions Pvt Ltd & Ors.
The Delhi High Court dismissed the plaintiff's application for an interim injunction, ruling against the use of 'Directors' Institute' by the defendants. The court held that because the plaintiff previously represented to the Trademark Registry that its device mark contained common English words and was descriptive, it could not claim exclusivity over those words. Furthermore, the court found that the plaintiff failed in its duty of fair disclosure by suppressing this prior representation, thereby disentitling it from equitable relief.
Harbans Lal Wadhwa Trading As Uttam Chemicals v.Subhash Chand Trading As Subhash Chand And Sons & Anr.
The Delhi High Court initiated proceedings regarding the cancellation of a registered trademark ('UTTAM') held by the Respondent. The Petitioner, claiming prior use since 1999 for various cleaning products, sought cancellation based on their earlier market presence. Recognizing that the dispute required detailed proof of goodwill and sales figures beyond mere pleadings, the court framed specific issues and directed both parties to file lists of witnesses and lead evidence.
Sorting Hat Technologies Private Limited v.M/s. PGR E-Commerce Private Limited
The Madras High Court dismissed a petition filed by Sorting Hat Technologies Private Limited against M/s. PGR E-Commerce Private Limited. The petitioner had sought the rectification and cancellation of Trade Mark No. 3848331 from the Register of Trade Marks. However, due to the petitioner's failure to appear before the court on scheduled dates despite proper notice, the petition was dismissed for non-prosecution.
Ralson India Limited v.Sham Lal M/S Ramesh Lal And Sons And Anr.
The Delhi High Court dismissed the appeal filed by Ralson India Limited against the Trade Marks Registry's decision that had allowed the registration of 'R RALSON'. The core issue revolved around whether service of documents via email, facilitated through an agent's filing (Form TM-M), constituted valid service under the Trade Marks Act. The Court held that while general court practice allows for email service, in this specific trade mark opposition context, the validity of service depended on clear provisions within the application or notice itself; however, it granted Ralson liberty to pursue a cancellation petition based on the mark's registered status.
Laser Shaving (India) Private Limited v.Carborundum Universal Ltd.
The Madras High Court allowed a rectification petition filed by Laser Shaving (India) Private Limited against Carborundum Universal Ltd. The court directed the Registrar of Trade Marks to cancel the registration for the mark 'LASER' in Class 3, citing the first respondent's admission that they were not using the impugned trade mark. This decision reinforces the principle that non-use can lead to the removal of a registered trademark.
Veekesy Rubber Industries Pvt. Ltd. v.Mahmud Trading as VKD Industries
The Madras High Court dismissed a petition filed by Veekesy Rubber Industries seeking the removal of the trade mark 'PPL Light' from the register. The case was resolved because the respondent, Mahmud Trading as VKD Industries, provided an affidavit undertaking not to use the impugned mark and committed to filing an application for its cancellation with the Registrar of Trade Marks. Consequently, the court found it unnecessary to adjudicate the petition on its merits.
Yuvi Aspiring Pvt. Ltd. v.Manish Sharma And Anr
The Delhi High Court formally accepted a tripartite Memorandum of Understanding (MoU) between Yuvi Aspiring Pvt. Ltd., Manish Sharma, and Unifique Hospitality International Pvt. Ltd. The court decreed the suit based on this settlement, which involved the transfer of the registered trademark 'The Drunken Botanist' from Manish Sharma to the third party for a consideration of Rs. 5,00,000/-. Crucially, the settlement also included a waiver by the first party of all future claims related to the trademark.
Crc Industries Europe Besloten v.Bhalaria Corporation
The Bombay High Court granted the plaintiff permission to de-seal seized 'impugned products' from the premises of certain defendants. The core issue was determining whether these seized goods were counterfeit or legitimately procured through authorized distributors. The court allowed the plaintiff to take two samples for investigation, ensuring the entire process would be conducted transparently in the presence of all parties and videographed.
Sporta Technologies Pvt. Ltd. v.Rahul Sharma And Ors
The Delhi High Court granted an interim injunction in favor of Sporta Technologies Pvt. Ltd., recognizing a prima facie case for trademark infringement and passing off against Rahul Sharma and others. The court found that the use of deceptively similar marks like 'Dream 11 onlinematka' creates a high chance of confusion, especially online. Consequently, the defendants were restrained from using the infringing mark and directed to lock and suspend the associated website and domain name.
Indarmal M Solanki v.Rakesh Gupta And Anr
The Delhi High Court granted a rectification petition filed by Indarmal M Solanki against Rakesh Gupta, leading to the cancellation of the contested trademark 'EL PASO'. The court found that the impugned mark was identical to the Petitioner's prior registered and used marks for readymade garments (Class 25). Furthermore, the Respondent failed to renew the registration since April 2017, making it liable for removal under Section 47 of the Trade Marks Act. Consequently, the court ordered the cancellation and deletion of the mark from the register.
Manipal Holdings Private Limited v.Manipal Academy Of Higher Education Deemed University, Registrar of Trade Marks, MEMG International India Private Limited, Manipal Global Education Services Pvt. Ltd.
The Madras High Court dismissed a series of Trade Mark Rectification petitions filed by Manipal Holdings Private Limited against various entities. The court noted that the contesting parties had reached an amicable settlement and executed a compromise decree on November 4, 2023. Consequently, the petitioner requested that all rectification petitions be closed as withdrawn in line with the terms of the settlement.
Heineken Asia Pacific Pte. Ltd. v.Shree Sakshat Money Lenders And Exchange Pvt. Ltd. and Anr.
The Delhi High Court addressed petitions filed by Heineken Asia Pacific Pte. Ltd. seeking cancellation of 'TIGER' device logos registered by Shree Sakshat Money Lenders. The court noted the near identity between the marks and directed that status quo be maintained concerning the registrations. This interim order prevents any transfer, license, or assignment of the disputed trademarks while the matter proceeds.
Himalayan Heli Services Private Limited v.Himachal Helicopter Skiing Pty Ltd
The Delhi High Court addressed a complex dispute involving the cancellation of a trademark registration (No. 1523434) held by Himachal Helicopter Skiing Pty Ltd, which was sought by Himalayan Heli Services Private Limited. Given the extensive overlap between the ongoing cancellation petition and an older passing-off suit, the court directed that both cases be consolidated for trial. This strategic move aims to streamline the litigation process, ensuring a unified determination of who holds the rightful rights in the 'Himalayan Heli Services' mark.
Heineken Asia Pacific Pte. Ltd. v.Shree Sakshat Infrastructure Pvt. Ltd.
Heineken Asia Pacific filed cancellation petitions against trademarks registered by Shree Sakshat Infrastructure, alleging that the Respondent is a squatter who has registered an identical device mark. The Delhi High Court acknowledged the near identity between the marks in dispute. Consequently, the court directed that status quo be maintained concerning the registration and prohibited any transfer or assignment of the disputed trademark until further proceedings.
Sunstar Overseas Ltd. v.Hello Minerals Waters Pvt. Ltd.
The Delhi High Court dismissed a petition filed by Sunstar Overseas Ltd. seeking rectification of the trademark 'HELLO' (No. 666671). The court noted that despite repeated attempts to serve notice and ensure appearance, neither the petitioner nor the respondent appeared in court. Consequently, the petition was dismissed for non-prosecution.
India International Technical Institute v.Terala Educational Society
The Madras High Court disposed of an Original Petition filed by India International Technical Institute seeking the cancellation of a registered trademark, 'SANSKRITI,' held by Terala Educational Society. The court noted that the mark's last registration was valid only up to March 23, 2020, and its renewal had long expired. Consequently, the Court directed the Registrar of Trade Marks to cancel the certificate and remove the entry from the Register within one month.
Jaisica International v.The Registrar of Trade Marks; Crystal Cook-N-Serve Products Pvt. Ltd.
Jaisica International filed an appeal challenging the Registrar of Trade Marks' order of abandonment concerning its device mark 'KRYSTAL'. However, before the High Court could rule on the merits of the case, the appellant voluntarily chose to withdraw the appeal. Consequently, the court dismissed the matter as withdrawn without passing any substantive orders regarding costs.
Anjay Bansal v.Assistant Registrar of Trade Marks
The Madras High Court overturned the rejection of a device mark registration applied for by Anjay Bansal. The initial refusal was based on the mark being non-distinctive or merely descriptive. However, the court found that the appellant successfully demonstrated long-standing use since 2005 through submitted invoices and annual reports. Citing the proviso to Section 9(1) of the Trade Marks Act, the High Court ruled that the mark had acquired distinctiveness through use, allowing it to proceed to advertisement.
M/S.Silver Oak (India) Limited v.Rhizome Distilleries Pvt. Ltd.
The Madras High Court dismissed the appeal filed by M/S. Silver Oak (India) Limited against Rhizome Distilleries Pvt. Ltd. The core issue involved an opposition concerning Trade Mark No. 1116900 in Class 33. However, upon inquiry, the court found that the relevant trade mark had already been removed from the Register of Trade Marks. Consequently, the appeal was deemed infructuous and dismissed without further order.
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