TRADEMARK — India Patent Cases
719 decisions indexed
Page 12 of 24 · 719 total
Bennett, Coleman And Company Limited v.E1 Entertainment Television , Llc Anr
The Delhi High Court allowed the respondent's applications seeking to introduce a specific YouTube video into the rectification proceedings. The respondent argued that this video was crucial evidence supporting their claim of continuous use of the mark since the early 1990s, which directly counters the petitioner's request for trademark cancellation/rectification. The court ruled that since the link had been previously cited in the written statement, the video clip was not an 'additional document,' thereby allowing its admission to ensure a fair trial.
M/s. Godfrey Phillips India Limited v.Khoday India Limited
The Madras High Court set aside a previous rejection order, allowing M/s. Godfrey Phillips India Limited to successfully challenge the registration of 'Khoday's Red & White'. The court found that the appellant possessed a well-known trademark used since 1940 for cigarettes, and crucially noted the prolonged non-use of the mark by Khoday India Limited from its application date in 1995. This decision reinforces the importance of continuous use and reputation when challenging subsequent registrations.
The Polo/ Lauren Company L.P. v.Home Needs
The Delhi High Court granted a stay on an adverse commercial court order in favor of The Polo/Lauren Company L.P., which was seeking to protect its trademarks against 'POLOLIFETIME'. The court noted that the appellant holds registrations for 'POLO' and 'RALPH LAUREN', and referenced prior findings recognizing these marks as 'well-known'. Finding merit in the challenge, the High Court stayed the lower court's order until further hearing.
V.C.Dinesh v.Aby K.George; The Trademark Registry
The Madras High Court dismissed the Original Petition (Trade Marks) filed by V.C.Dinesh against Aby K.George and The Trademark Registry. The petition sought to remove an entry from the Register relating to registration No. 1507478, arguing it was wrongly made under Section 57 of the Trade Marks Act, 1999. However, the court noted a memo of withdrawal filed by the petitioner, confirming that the parties had reached a settlement in a prior case and agreed to withdraw this petition.
M/S Vajiram And Ravi IAS Study Centre LLP v.Sh. S.S Choudhary and Anr / M/s Vajirao & Reddy Institute Pvt. Ltd.
The Delhi High Court consolidated a suit for injunction (CS(COMM) 43/2019) against M/s Vajirao & Reddy Institute Pvt. Ltd. with a related trademark cancellation petition (C.O.(COMM.IPD-TM) 213/2022). The core dispute involves the use of similar marks ('VAJIRAO' vs 'VAJIRAM') by two coaching institutes for civil services examinations. By consolidating the trials, the court aims to prevent multiplicity and address whether the defendant's trademark registration is liable for cancellation.
Nilkamal Crates And Contaners & Anr. v.Ms. Reena Rajpal & Anr.
The Delhi High Court addressed a trademark infringement suit concerning plastic molded chairs, balancing claims over both word marks and device marks. While the court found no deceptive similarity between the word marks 'NILKAMAL' and 'NILKRANTI,' it did find that the defendants' adopted logo was deceptively similar to the plaintiffs' registered device mark. Consequently, the injunction sought against the use of the word mark was rejected, but the defendants were strictly restrained from using the infringing device mark.
M/s.Ghanshyam Perfumery And Co. v.S.Shri Kasim Ramaiah
This Madras High Court case involved a Trade Marks Appeal challenging the rejection of an opposition against Trademark Application No. 582422. The parties, M/s. Ghanshyam Perfumery And Co. and S.Shri Kasim Ramaiah (trading as M/s. Shanker Perfumery Works), reached a comprehensive settlement agreement. Under the terms, they agreed to exclusive rights for 'SONA CHANDI' and other 'SONA formative trademarks,' respectively, while also agreeing not to use deceptively similar labels. The court disposed of the appeal based on these mutual consent terms.
Sabhyasachi Gorai v.Aveenshi International Private Limited Anr.
The Delhi High Court allowed a joint application to modify a prior decree based on an amended settlement agreement. The core of the dispute involved the transfer of two key trademarks, LAVAASH and LAVAASH BY SABY, from Aveenshi International Private Limited to Sabhyasachi Gorai. The court formally accepted the terms of the new agreement, which finalized the assignment of the brands and stipulated mutual non-infringement and cooperation for registration.
Heineken Asia Pacific Pte. Ltd. v.Mr. Vijay Keshav Wagh And Anr.
In a dispute over trademark rights, Heineken Asia Pacific Pte. Ltd. sought to cancel registrations held by Mr. Vijay Keshav Wagh concerning the 'TIGER' device logo. The Delhi High Court acknowledged the near identity between the marks used by both parties and issued an interim order. The court directed that status quo be maintained regarding the registration, preventing any transfer or assignment of the disputed trademarks until further hearing.
Hindustan Pencils Ltd. v.Puma Stationery Ltd. and Anr.
Hindustan Pencils Ltd. successfully secured a decree in its trademark infringement suit against Puma Stationery Ltd. and A.W. Faber-Castell (India) Ltd. The judgment was based on an amicable settlement where the defendant, A.W. Faber-Castell, formally acknowledged Hindustan Pencils' ownership of the trademarks 'PLASTO' and 'NON-DUST'. Crucially, the defendant agreed to cease using these marks in stationery products and withdraw pending opposition and rectification proceedings against the plaintiff’s rights.
Sachdeva And Sons Industries Private Limited v.Deputy Registrar Of Trade Marks
The Delhi High Court dismissed two appeals filed by Sachdeva And Sons Industries Private Limited challenging the Deputy Registrar's decision to allow TM-16 applications. These applications permitted the substitution of the trademark applicant's name in pending opposition proceedings, citing that allowing the change would not prejudice the opponents' rights. The court noted the Appellant's lack of appearance and concluded that since the impugned order only related to the name change and did not affect the merits of the final opposition, the appeals were dismissed.
M/S. Cp Century Hardware Pvt. Ltd. v.Divyam Gupta
The Delhi High Court granted an interim injunction favoring M/S. Cp Century Hardware Pvt. Ltd. against Divyam Gupta, finding that the defendant was attempting to ride on the plaintiff's established trademark rights. The court recognized the substantial use and reputation of the 'CP CENTURY' mark in kitchen hardware products. Consequently, the defendant was restrained from using deceptively similar marks like 'CENTUARY PLUS/ACE CENTUARY PLUS' until the final hearing of the suit.
Lombard Brands Ltd. v.United Spirits Limited
The Madras High Court allowed a rectification petition filed by Lombard Brands Ltd against United Spirits Limited regarding the trade mark 'STORM'. The court found that the registration for STORM in Class 33 was liable to be cancelled because the first respondent failed to demonstrate continuous use of the mark for at least five years, as required under Section 47 of the Trade Marks Act. Consequently, the Registrar was directed to remove the impugned trade mark from the register.
Shyam Enterprises Private Limited v.Hotel Amaravati
The Madras High Court partially decreed a suit filed by Shyam Enterprises Private Limited against Hotel Amaravati concerning trademark infringement and passing off. The court found that the plaintiff had successfully proven its claim regarding the use of the registered trademark AMARAVATHI in the hotel and hospitality sector. Consequently, the defendant was granted permanent injunctions restraining them from using the mark or suggesting a connection to the plaintiff's services. However, since the plaintiff did not press for claims related to damages or accounting of profits, those specific reliefs were dismissed.
M/s.A.Habeebur Rahman Sons v.M/s.S.Jaffer Mohideen Alias Noushad
The Madras High Court dismissed an appeal filed by M/s.A.Habeebur Rahman Sons against the rejection of their opposition to a trademark application (No.676174). The court found that despite the appellant's claims of prior use of 'S', the respondent's mark, which prominently features 'FILTER BEEDI,' was not likely to cause confusion among consumers. However, the judgment imposed strict conditions on the respondent, requiring them to use their label in combination with two other specific labels and formally undertake not to use the 'SS' logo independently.
Bidisha Ghoshal v.The Registrar Of Trade Marks
Bidisha Ghoshal appealed the rejection of her trademark application '42 orchids' by The Registrar of Trade Marks, arguing that the Examiner's refusal was mechanical and lacked sufficient reasoning. The Calcutta High Court agreed, finding the impugned order cryptic and devoid of substantive discussion regarding similarity or likelihood of confusion. Consequently, the court set aside the rejection order and remanded the matter back to the authorities for a fresh examination, ensuring due process.
Donaldson Filtration Deutschland Gmbh v.Ultrafilter (India) Private Limited
The Madras High Court dismissed three trademark rectification petitions filed by Donaldson Filtration Deutschland Gmbh against Ultrafilter (India) Private Limited. The original petitions, which sought to expunge specific trademarks from the register under Section 57 of the Trade Marks Act, 1999, were withdrawn by the petitioner before a final ruling could be made. This outcome highlights that procedural decisions, such as withdrawal, can conclude IP litigation without substantive judgment on the merits.
M/S Natures Magic World v.The Registrar Of Trademarks & Anr
M/S Natures Magic World filed a writ petition seeking the Trademark Registry's direction to formally record an Assignment Deed dated February 17, 2016. The petitioner sought to establish ownership of the mark 'COLORESSENCE' (TM No. 1541613) following its assignment from M/s Nature Essence Pvt. Ltd. Despite the existence of the valid assignment deed, the recordal had not been given effect due to administrative confusion stemming from a subsequent name change of the original owner. The Court directed further hearings to resolve these procedural issues and ensure the assignment is duly recorded.
Balajee Wedding And Eventz Pvt. Ltd v.Sudershana Singh
Balajee Wedding And Eventz Pvt. Ltd filed a suit against Sudershana Singh alleging trademark infringement concerning wedding planning services. The Plaintiff holds a registered trademark 'BALAJEE EVENTZ' (No. 4175314) and claims the Defendant is infringing by using similar names like 'BALAJI EVENTS'. The Delhi High Court allowed several procedural applications, including exemption from filing documents and instituting pre-litigation mediation, before formally registering the suit and directing the issuance of summons to the defendant.
ITC Limited Of Virginia House v.The Deputy Registrar Of Trademarks And Ors.
The Delhi High Court overturned a previous Registrar's decision that had treated ITC's opposition to the mark 'LUCKY NINE' as abandoned due to delayed filing of evidence. The court held that since ITC had clearly stated its willingness to rely on the grounds of opposition within the prescribed period, the abandonment was unjustified. Following this ruling and citing precedent, the High Court ultimately cancelled the registration of 'LUCKY NINE', restoring ITC's rights.
Sorting Hat Technologies Private Limited v.M/s.PGR E-Commerce Private Limited; The Registrar Trade Marks Registry
The Madras High Court dismissed the Transfer Original Petitions filed by Sorting Hat Technologies seeking rectification of several registered trademarks. The dismissal was not based on the merits of the case, but rather due to the Registry's inability to successfully serve notice to the petitioner at the provided address. Crucially, the court allowed the petitioner the right to revive the petitions, ensuring that procedural hurdles do not permanently bar their legal claims.
Avtar Singh And Mr.Harkirat Singh Trading as M/s.Aero Club v.Chiranjeelal Bihani and The Registrar of Trade Marks, Chennai
The Madras High Court dismissed a Trade Marks Original Petition filed by Avtar Singh and Mr. Harkirat Singh against Chiranjeelal Bihani. The core issue was the validity of Trade Mark No. 963781, which had expired on October 16, 2010, due to non-renewal. Since the statutory period for renewal had long passed, the court found the petition to be infructuous and dismissed it without further order.
Meenambigai Products v.The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by Meenambigai Products against The Registrar of Trade Marks. The petition sought rectification of a trade mark registration entry (No. 1524417 in Class 30). However, due to the petitioner's failure to appear and prosecute the matter despite receiving proper court notice, the High Court dismissed the case without making any substantive order regarding costs.
Rigo Trading S.A.Societe Anonyme v.Unigum Gida Maddeleri Sanayi Ticaret Anonim Sirketi; The Deputy Registrar of Trade Marks, Trade Mark Registry Chennai
The Madras High Court dismissed a petition filed by Rigo Trading S.A.Societe Anonyme seeking to expunge the device mark 'BLOX' (Registration No. 1706420) from the register. The court noted that the trade mark's last registration was valid only until July 3, 2018. Since the statutory long stop date for renewal had expired, the petition was deemed infructuous and dismissed without further order.
Fitflop Limited v.Urban Shore Wholesale India Private Limited
The Delhi High Court issued interim directions in a trademark infringement suit filed by Fitflop Limited against Urban Shore Wholesale India Private Limited. While directing the Defendant to immediately cease all use of the 'FITFLOP' mark, the court allowed the continued existence of current stock. A Local Commissioner was appointed to inspect and segregate the existing inventory at the Goa warehouse to determine which products are genuine and which may be unauthorized, paving the way for future valuation and dispute resolution.
Pranay Satyendrakumar Goyal v.Muza Hospitality Private Limied
The Bombay High Court addressed an interim application concerning alleged trademark infringement. The Plaintiff accused the Defendants of breaching a prior undertaking by continuing to use the impugned mark 'DIVE' on their website and selling services under the similar name 'DEEPDOWN DIVE'. While the court did not rule on the merits, it granted the Plaintiff leave to file an Affidavit in Rejoinder and simultaneously granted the Defendants liberty to file an Affidavit in Sur Rejoinder. The matter is scheduled for further consideration.
Kurlon Limited v.M/S.Peps Industries Private Limited
The Madras High Court dismissed the Original Petition (Trade Marks) filed by Kurlon Limited against M/S.Peps Industries Private Limited. The petition sought to rectify the trademark register by removing the mark 'NO TURN' held by the respondent. This dismissal was not based on merits but followed a settlement agreement reached between the parties, requiring the petitioner to withdraw the rectification request.
Major League Baseball Properties Inv. v.Registrar Of Trade Marks, Trade Marks Registry, Delhi
Major League Baseball Properties Inc. appealed the Registrar's decision that their opposition against the 'BLUE-JAY' trademark application was abandoned due to procedural delays in filing evidence. While the initial rejection was based purely on technical grounds, the Delhi High Court allowed MLBP to pursue its substantive claims. The court disposed of the appeal but permitted MLBP to file a cancellation petition, ensuring the merits of their opposition would be considered.
Ganesh Grains Limited v.K.R.Nagendra And K.N.Shoba; The Registrar of Trade Marks
Ganesh Grains Limited filed two Original Petitions before the Madras High Court seeking the cancellation and expungement of specific registered trade marks (No. 460314 and No. 2000889). The petitions aimed to challenge the validity or registration of these marks. However, the petitioner subsequently instructed her counsel to withdraw both Original Petitions. Consequently, the High Court dismissed the proceedings as withdrawn without making any order regarding costs.
FC Madras Trust v.The Registrar of Trade Marks
The Madras High Court allowed an appeal filed by FC Madras Trust against the Registrar of Trade Marks' refusal to register the trademark 'FC MADRAS'. The initial objection was based on Section 9(1)(a) of the Trade Marks Act, claiming the mark was a common geographical name and lacked distinctive character. The court ruled that when viewed as a whole, the mark is not descriptive of the goods (printed publications), especially given its prior successful registration in other classes. Consequently, the refusal order was set aside, allowing the application to proceed for advertisement.
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