TRADEMARK — India Patent Cases
719 decisions indexed
Page 16 of 24 · 719 total
Wrangler Apparel Corporation v.H.S. Kishori Lal & Ors.
The Delhi High Court addressed a request to stay a trademark infringement suit while separate rectification petitions questioning the validity of the trademarks were pending. Citing recent legal precedents, particularly following the Tribunals Reforms Act, 2021, the court ruled that there is no need to stay the civil suit. Instead, it ordered the consolidation of the main suit and all related rectification petitions to be tried together before the High Court.
Bennett Coleman And Companylimited v.E Entertainment Television Llc And Anr
The Delhi High Court addressed applications seeking condonation of delay in filing rejoinders in trademark cancellation proceedings. The court allowed the delays, allowing the petitioner to file their responses. Furthermore, the court framed specific issues regarding the potential cancellation of two distinct trademarks (No. 2340887 and No. 1252812) and set a clear schedule for the parties to proceed with evidence and trial.
Under Armour Inc. v.Ashwani & Anr.
In this ongoing trademark litigation, the Delhi High Court issued procedural orders to advance the case. The court directed that notice be served on all parties and set a returnable date for July 2023. Crucially, the court allowed an application seeking access to the official records of Trademark Registration No. 5372621 in Class 25, ensuring these documents would be placed before the court for consideration.
M/S. Liladhar Indarji And Co. v.Union Of India
The Gujarat High Court disposed of a writ petition filed by M/S. Liladhar Indarji And Co. challenging the rejection of its trademark renewal applications (No. 1502218 and 1502220). Instead of ruling on the merits of the initial rejection, the court granted the petitioner liberty to file a fresh application for renewal. The respondent authority agreed that if the petitioner submits a new request with all prescribed fees, it will be considered within four weeks.
Sowkhya Way2 Health Private Limited v.Dr.Isaac Mathai; Soukya Indian Holistic Centre Pvt. Ltd.; The Registrar of Trademarks
In a matter concerning the removal and rectification of trademarks, Sowkhya Way2 Health Private Limited filed two petitions against Dr. Isaac Mathai and others. However, citing a prior memorandum of compromise between the parties, the petitioner subsequently withdrew both petitions. The Madras High Court accepted the withdrawal, dismissing the cases without making any ruling on the merits or costs.
Rallifan Ltd. v.Registrar of Trademarks
Rallifan Ltd. filed a petition seeking the removal or rectification of a trademark registration (No. 1213190) from the register. However, before the court could rule on the merits of the case, the petitioner filed a memo stating that the parties had reached an out-of-court settlement. Consequently, the Madras High Court dismissed the petition as withdrawn.
Rajesh Kumar Naredi Trading as Visesh Appliances v.Rallifan Limited
The Madras High Court dismissed the petition filed by Rajesh Kumar Naredi against Rallifan Limited concerning the rectification of Trademark No. 306508 in Class 11. The dismissal occurred because both parties had reached a settlement agreement, which was formally recorded by the court. This outcome highlights how out-of-court settlements can resolve complex intellectual property disputes efficiently.
M And M Management Ltd., Mauritius (substituted by MHG IP Holding (Singapore) Pte Ltd) v.The Registrar Of Trade Marks, Delhi
The Delhi High Court allowed an application filed by M And M Management Ltd., Mauritius, seeking substitution of its name with MHG IP Holding (Singapore) Pte Ltd. The change was necessitated by a Deed of Assignment executed for certain trademarks, including 'TIVOLI HOTELS & RESORTS'. The court permitted the substituted appellant to carry out proposed amendments in the appeal memo and set a deadline for filing the revised appeal.
RSPL LIMITED v.AGARWAL HOME PRODUCTS & ANR.
This Delhi High Court order addresses a trademark dispute where RSPL LIMITED alleges that Respondent No. 1's registration of the word mark 'AGRAGHADIYAL' is deceptively similar to its well-known trademarks, 'GHARI' and 'GHADI'. The petitioner has filed an opposition against related marks and sought injunctive relief. The court acknowledged the core issue—the similarity between the marks—and granted the petitioner time to present relevant case law before scheduling a re-notification.
Kalsi Metal Works Pvt Ltd v.Shree Ram Plastic Industries And Anr
The Delhi High Court allowed a joint application filed by Kalsi Metal Works Pvt Ltd and Respondent No. 1, leading to the cancellation of the impugned trademark registration (No. 2262092) in Class 17. This decision was reached following a compromise between the parties involved in the dispute. The court disposed of the appeal based on these mutual settlement terms.
M/S Prakash Industries Ltd. v.The Registrar Of Trade Mark & Ors.
The Delhi High Court addressed a contempt case involving M/S Prakash Industries Ltd. against the Registrar of Trade Marks concerning two specific trademark registrations. The court noted that one mark (No. 1800087) had been removed by the registry, while another (No. 1800086) was stated to have been abandoned. The court granted time for the respondents to file their replies and rejoinders, setting a future date for consideration.
Charanjiv Kumar Taneja Trading As Chirag Enterprises v.The Registrar Of Trade Marks
The Delhi High Court dismissed a writ petition filed by Charanjiv Kumar Taneja Trading As Chirag Enterprises, which sought to restore a lapsed trademark registration. The petitioner had failed to renew their 'TIGER' mark after 2006 and only attempted renewal in 2022, sixteen years later. The court held that the petitioner could not take advantage of such undue delay, especially since the RTI response confirmed an O3 notice was generated in 2006 but remained untraceable.
Sona Mandhira Pvt. Ltd. v.Sona Blw Precision Forgings Ltd.
The Delhi High Court addressed several applications related to a trademark dispute involving the 'SONA' mark. While one application seeking to introduce public record documents was allowed, another crucial application filed by Sona Mandhira Pvt. Ltd. (the appellants) was dismissed. The court found no merit in the appeal against the interim injunction granted to the respondents, citing factors such as the non-perishability of goods and potential grave prejudice to the successful respondent if the injunction were lifted.
M/S Sureka International v.Government E Marketplace & Anr.
M/S Sureka International challenged the lack of verification mechanisms on the Government E Marketplace (GeM) portal, arguing that false complaints regarding its trademark usage were damaging its reputation. The court acknowledged the reputational harm but noted that the dispute was fundamentally about trademark registration scope (Class 35 vs goods). Instead of mandating a specific mechanism, the Delhi High Court directed GeM to consider and respond to the petitioner's representation within two weeks.
Verizon Trademark Services Llc & Ors. v.Verizon Trade Services & Ors.
The Delhi High Court issued an order on April 12, 2023, in the matter of Verizon Trademark Services Llc & Ors. versus Verizon Trade Services & Ors. The court directed that the case be re-notified for a hearing on April 13, 2023. This procedural step indicates ongoing litigation concerning trademark matters between the two related entities.
Vaibhav Chaurasia v.Union Of India
The Delhi High Court disposed of a writ petition filed by Vaibhav Chaurasia seeking directions against the Union of India regarding the status of Trade Mark No. 2650542. The petitioner had applied for the substitution of his name as the proprietor following an assignment from M/s Delicious Food Products Pvt Ltd. Recognizing the limited nature of the grievance, the Court directed the Registrar of Trademarks to process and decide the application within a period of six weeks.
A Dot Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by A Dot Limited against the Registrar of Trade Marks' refusal to register the trademark 'WHAT DO YOU SEE?'. The court held that a combination of dictionary words forming a tagline can function as a source identifier, provided it does not describe the features or quality of the goods/services. Recognizing the mark's use as an expressive prompt rather than a descriptive feature, the High Court set aside the refusal and directed the Registry to process the application, while ensuring the rights are limited strictly to the phrase 'WHAT DO YOU SEE?'
Akzo Nobel Coatings International B.V. v.Ambience Limited And Anr
The Delhi High Court addressed a trademark dispute concerning the identical mark 'AMBIANCE'. After considering arguments regarding co-existence under Section 12 of the Trade Marks Act, 1999, the court ruled in favor of Akzo Nobel Coatings International B.V. The judgment directs the Registry not to consider Ambience Limited's existing application for 'AMBIANCE' in Class 02 when evaluating the petitioner's applications, thereby allowing both parties to use the mark concurrently on the register.
Puma Se v.Naveen Sikka And Anr
The Delhi High Court allowed Puma Se's petition to cancel a specific trademark registered by Naveen Sikka and Anr. The judgment followed a settlement agreement reached between the parties, which was found to be lawful. Consequently, the court ordered the removal of the impugned mark from the Register of Trade Marks in Class 9.
M/s.Fair Beat Herbals Cosmetics Private Ltd. v.The Registrar of Trademarks
The Madras High Court addressed writ petitions challenging trademark registration proceedings involving 'Fair Beat'. The court noted that objections had been raised against the application, and an inquiry was pending before the Trademark Registry. Consequently, the High Court directed the Registrar of Trademarks to conduct a thorough enquiry, ensuring all parties are given an opportunity to participate, and to pass final orders on the merits as quickly as possible.
Jagdish Prasad v.Jay Prakash Rai And Anr
The Delhi High Court allowed a petition seeking the cancellation of an infringing trademark registration for sanitary fittings. The Petitioner successfully demonstrated prior use and established that the subsequent, registered mark was deceptively similar to their own long-standing mark. Crucially, the court noted that the Respondent's use lacked credibility as it appeared primarily associated with trading services rather than the goods for which the mark was registered, thus failing to accrue genuine goodwill.
Mirza Ahmed Baig Alias Asad v.Mirza Afser Baig & Anr.
The Delhi High Court heard petitions challenging the registration of several marks held by the respondent, focusing on issues of user claim and proprietorship. The petitioner argued that the respondent failed to provide sufficient evidence to support their claims of continuous use and ownership, particularly regarding the mark 'MIDLAND'. The court noted these submissions but reserved judgment, scheduling a further hearing to allow the respondents to respond to the detailed challenges raised by the petitioner.
Jk Lakshmi Cement Limited v.Ramesh Kumar & Anr.
In a series of rectification petitions, Jk Lakshmi Cement Limited sought the cancellation of several trademarks owned by Ramesh Kumar and others. The court noted that the respondents had entered into a settlement with the petitioner and subsequently filed applications with the Trade Marks Registry to voluntarily withdraw or cancel the disputed marks. Consequently, the Delhi High Court directed the Trade Marks Registry to expedite the processing of these withdrawal applications within three weeks, effectively disposing of the rectification petitions pending compliance.
Vinod Aggarwal Trading As Vaneet Sales Corporation v.Meera Devi & Anr.
The Delhi High Court allowed a civil original trademark rectification petition filed by Vinod Aggarwal Trading As Vaneet Sales Corporation against Meera Devi. The court found that the respondent's adoption and use of the similar mark 'BAL BIHARI SUPER' was dishonest, as it followed an earlier acknowledgment of the petitioner's rights by her husband. Given the identical nature of the goods (tobacco products) and the likelihood of consumer confusion, the court ordered the removal of the impugned trademark from the Register.
Dorco Co Ltd v.Durga Enterprises And Anr
The Delhi High Court allowed a rectification petition filed by Dorco Co Ltd against Durga Enterprises And Anr, successfully removing the infringing 'DORCO' trademark (Registration No. 1252224) from the register. The court found that the respondent failed to demonstrate genuine use of the mark for five years and that its registration was obtained dishonestly to ride on Dorco’s established goodwill. This ruling reinforces the principle that trademarks must be used genuinely, and prior users with strong reputation have superior rights.
Tata Sia Airlines Limited v.Vistara Buildtech Llp & Anr.
Tata Sia Airlines Limited successfully secured an interim injunction against Vistara Buildtech LLP and others in the Delhi High Court. The court found a clear prima facie case of trademark infringement and passing off, given that Tata Sia is the proprietor of the well-known mark 'VISTARA' used in commercial aviation. The order restrained the defendants from using the infringing mark while the main suit proceeds.
Fontaine Limited v.Vinod Mahadik & Anr.
Fontaine Limited successfully petitioned the Delhi High Court for the cancellation of a conflicting trademark, 'impugned mark,' registered by Vinod Mahadik & Anr. The Petitioner demonstrated that the Respondent had failed to use the mark continuously for over five years, providing evidence of non-use through investigator reports and online searches showing inactivity. Given the Respondent's failure to appear despite substituted service, the Court allowed the petition, directing the cancellation of the conflicting registration.
Ashok Kumar Gupta & Anr. v.Sandip @ Sandeep Yadav & Anr.
The Delhi High Court initiated trademark opposition proceedings where Petitioners, established users of a mark in the Plaster of Paris (POP) business since 2004, sought cancellation of a registered mark held by Respondent No. 1. The court allowed an initial application for exemption regarding document filing while setting out the procedural framework for the dispute. Notice was issued to the respondents, and the parties were directed to file detailed submissions before further hearings.
Purushottam Singhal Proprietor Ms. Prime Cable Industries v.Registrar Of Trade Marks & Anr.
The Delhi High Court addressed a dispute concerning the proper service of an objection notice related to a trademark application. The core issue was whether the appellant (Purushottam Singhal Proprietor Ms. Prime Cable Industries) actually received the notice sent by the Registrar of Trade Marks, who claimed it was delivered to their agent. Given the conflicting claims regarding service, the Court decided not to rule immediately.
Landmark Crafts Private Limited v.Union Of India Through Its Secretary & Anr.
This order in Landmark Crafts Private Limited vs Union Of India concerns the rectification of Trademark No. 266607. The court noted that the matter was pending and scheduled it to be listed before the IP Division on March 2, 2023. This procedural step indicates the ongoing legal process aimed at correcting issues related to the registered trademark.
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