TRADEMARK — India Patent Cases
719 decisions indexed
Page 21 of 24 · 719 total
M/s. Sangeetha Caterers and Consultants LLP v.Sangeetha Food Corner
The Madras High Court ruled in favor of M/s. Sangeetha Caterers and Consultants LLP against Sangeetha Food Corner for trademark infringement and passing off. The court found that the defendant's use of 'SANGEETHA FOOD CORNER' was identical and deceptively similar to the plaintiff's well-known registered trademark 'SANGEETHA'. Consequently, the suit was decreed, granting a permanent injunction against further misuse of the mark.
Asianet Star Communications Pvt Ltd. v.The Registrar Of Trademarks & Anr.
This Delhi High Court judgment addresses a dispute over the alleged abandonment of a registered trademark due to non-renewal. The petitioner argued that the mandatory O-3 notice for renewal was improperly backdated and uploaded using an outdated form (RG-3), making it invalid. The court recognized serious inconsistencies in the Trademark Registry's process, directing senior officials and the concerned Examiner to appear in court with explanations and documentation regarding the improper uploading of notices. Crucially, the court granted interim relief, ensuring the trademark would not be treated as abandoned pending a full inquiry.
Mr.T.Chitty Babu v.M/S.Sakthivel Builders
The Madras High Court ruled in favor of the plaintiffs, Mr. T. Chitty Babu and M/s. Akshaya Pvt. Ltd., finding that the defendants' use of the 'SB' logo constituted infringement and passing off against their registered 'AH' trademark. The court held that the similarity in color scheme and stylized script created a likelihood of confusion among the public, leading to the decree of permanent injunctions and an award of damages.
M/s.Praba's Vcare Health Clinic (P) Limited v.Veecare Hospitals and others
The Madras High Court ruled in favor of M/s.Praba's Vcare Health Clinic, finding that the defendants infringed upon its registered trademark 'VCare'. The court determined that the defendant's use of 'Vee Care' was phonetically and alphabetically deceptively similar to the plaintiff's mark. Consequently, the suit was decreed, granting a permanent injunction against further misuse and ordering the defendants to pay costs.
K.Dalpat Singh v.Intellectual Property Appellate Board
The Madras High Court dismissed a writ petition filed by K.Dalpat Singh challenging an order from the Intellectual Property Appellate Board (IPAB). The dispute centered on whether opposition proceedings against the trademark 'Gold Mehal' had been validly abandoned. The court found no infirmity in the IPAB's decision, which set aside the initial finding of abandonment and remanded the matter for a full hearing on its merits. This ruling emphasizes procedural correctness in trade mark oppositions.
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Briyani
The Madras High Court ruled in favor of the plaintiff, M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel, finding that the defendant's use of 'Thalappakattu Briyani' constituted passing off and trademark infringement. The court recognized the plaintiff's long-standing reputation and exclusive use of the name since 1957. Consequently, the suit was decreed, granting a permanent injunction against the defendant and awarding damages.
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Chicken Briyani
The Madras High Court ruled in favor of M/s. Thalappakatti Naidu Ananda Vilas Biriyani Hotel against Thalappakattu Chicken Briyani for trademark infringement and passing off. The court found that the defendant's use of 'Thalappakattu' was phonetically and deceptively similar to the plaintiff's established brand, which had acquired distinctiveness through long-standing usage since 1984. Consequently, the suit was decreed, granting a permanent injunction and awarding damages.
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Halal Thalappakattu Biriyani
The Madras High Court ruled in favor of M/s. Thalappakatti Naidu Ananda Vilas Biriyani Hotel against Halal Thalappakattu Biriyani for trademark infringement and passing off. The court found that the defendant's use of 'Halal Thalappakattu Biriyani' was phonetically and deceptively similar to the plaintiff's established brand, 'Thalappakatti Biriyani Hotel.' Consequently, the suit was decreed, granting a permanent injunction and awarding damages.
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Briyani Fast Food & Indian Chinese Thandoori
The Madras High Court ruled in favor of the plaintiff, M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel, finding that the defendant's use of 'Thalappakattu Briyani Fast Food & Indian Chinese Thandoori' constituted trademark infringement and passing off. The court held that the defendant willfully adopted a phonetically and deceptively similar name to capitalize on the plaintiff's established goodwill. Consequently, the suit was decreed, granting permanent injunction and awarding damages.
Gopal Ji Gupta v.Union Of India & Anr
The Delhi High Court ruled in favor of Gopal Ji Gupta regarding the renewal of his trademark 'BINACA'. The court held that since the Registrar failed to issue mandatory notice (Form O-3) before the mark was removed from the register, the rejection of the renewal application as time-barred was legally flawed. Consequently, the respondents were directed to consider the petitioner's renewal request, provided late fees are paid.
M/s.Swagath Motels Private Limited v.M/s.Hotel Swagath; Registrar of Trademarks
M/s.Swagath Motels Private Limited filed an Original Petition seeking the cancellation of the trademark 'Hotel Swagath' registered in M/s.Hotel Swagath, citing concerns over register purity. However, on August 8, 2023, the Madras High Court noted that the dispute between the contesting private parties had been resolved amicably. Consequently, the court closed (T)OP(TM) No.486 of 2023 without passing any formal order regarding costs.
M/s.Bombay Pen Depot v.M/s.Linc Pens And Plastics Ltd
The Madras High Court disposed of the trademark infringement suit between M/s. Bombay Pen Depot and M/s. Linc Pens And Plastics Ltd by accepting a Memorandum of Compromise (MOC). Under the terms, the Plaintiff assigned its registered trademarks (PENTONIC) to the First Defendant for a consideration of INR 15 lakhs. In exchange, the Plaintiff agreed to withdraw oppositions against the defendant's trademark applications and cease using the mark after a specified date.
S.V.Sivalinga Nadar & Sons v.The Joint Registrar of Trade Marks
The Madras High Court allowed S.V.Sivalinga Nadar & Sons' writ petition, setting aside a decision by the Intellectual Property Appellate Board (IPAB). The dispute centered on the registration of the 'SVS' trade mark for edible refined oil. The court ruled that the contesting respondents could not claim exclusive rights over the mark based on an ambiguous arbitration award, especially since the award did not specifically allot the mark to them. This decision reinforced the petitioner's right to use and register the mark.
Benden Limited v.Hindustan Unilever Ltd.
The Bombay High Court dismissed a commercial IP suit filed by Benden Limited against Hindustan Unilever Ltd. The dismissal occurred because the Plaintif had previously received an order from the Intellectual Property Appellate Board (IPAB) directing the cancellation of its trademark registration, 'Perfect Radiance.' Since the mark was removed from the register, the court found that the Plaintiff was no longer interested in pursuing the suit, leading to its dismissal for want of prosecution.
Snj Distillers Private Limited v.The Deputy Registrar Of Trademarks
Snj Distillers Private Limited filed a writ petition seeking a Writ of Mandamus to compel the Deputy Registrar of Trademarks to issue a registration certificate for their trademark application. However, during the proceedings, the petitioner's counsel informed the court that the trademark certificate had already been issued. Consequently, the Madras High Court dismissed the writ petition as infructuous.
Riyaz Chowdhary v.Parfums Parour And 2 Ors
The Bombay High Court intervened in a trademark rectification dispute concerning the mark 'LOMANI'. The petitioner challenged the Intellectual Property Appellate Board's (IPAB) decision to remove the trademark, arguing that he was denied natural justice because the application for rectification was not served upon him until seven years after it was filed. Recognizing this procedural lapse, the Court set aside the IPAB's order and mandated a fresh hearing, ensuring the petitioner is given a fair opportunity to contest the removal of his registered mark.
Rajeshbhai Gokulbhai Sojitra v.Registrar Of Trade Marks Boudhik Sampada Bhavan
The Gujarat High Court addressed a petition filed by Rajeshbhai Gokulbhai Sojitra concerning the prolonged delay in deciding his trade mark registration application for 'Krinal Double Filter Chuno'. The petitioner alleged inaction by the Registrar of Trade Marks, noting that the application had been pending since 2008. Recognizing the administrative lapse, the Court issued a directive to the Respondent Authority to finalize the decision on Application No.1688346 within eight weeks from the date of the order, without examining the merits of the underlying trade mark dispute.
Red Bull Ag v.C. Eswari & Ors.
The Delhi High Court ruled in favor of Red Bull Ag, declaring its 'Double Bull Device' and 'Single Bull Device' trademarks as well-known marks in India. The court found that Red Bull's extensive global presence, massive sales figures (controlling 97.3% of the Indian energy drink market), and widespread promotion satisfied the criteria for a well-known trademark under the Trade Marks Act, 1999. This declaration provides strong legal backing to prevent unauthorized use by defendants in related goods.
Commscope Inc. Of North Carolina v.Union Of India
Commscope Inc. approached the Madras High Court seeking rectification of errors in its trademark registration certificate (No. 1380719). The petitioner argued that despite multiple representations, the Trademark Registry failed to issue the corrected certificate. The court intervened, directing the second respondent, the Registrar of Trademarks, to correct the error and issue a fresh Registration Certificate, thereby resolving the immediate procedural hurdle for the petitioner.
Nawaz Modi and Anr. v.Design Your Body Art/New Body Art Fitness Club and Ors.
The Bombay High Court ruled in favor of the plaintiff, Body Basic Healthcare Pvt Ltd (Nawaz Modi), finding that the defendants were infringing on their registered trademarks and engaging in passing off. The court granted a perpetual injunction restraining the defendants from using similar marks like 'NEW BODY ART' or misrepresenting their services as connected to the plaintiffs. Furthermore, the defendants were ordered to withdraw an application for registration of the mark 'BODY ART GYM' and pay substantial damages.
Pankaj Sales Corporation v.Indra Jain Industries
The Delhi High Court dismissed an execution petition filed by Pankaj Sales Corporation against Indra Jain Industries. The dispute centered on whether the judgment debtor was violating a consensual decree related to trademark use. The court ruled that while the defendant was bound by the settlement agreement regarding specific registered trademarks (TRISHUL/TRIDENT and TRISHUL), the plaintiff could not claim exclusive rights over an unreferenced label design presented in the execution petition. Consequently, the attempt to enforce the alleged violation failed.
Cello Plastic Industrial Work And Ors. v.Ajay Shantilal Raka
The Bombay High Court issued an interim order in a trademark dispute involving Cello Plastic Industrial Work and Ajay Shantilal Raka. The court directed the Registrar of Trademarks to produce specific application and opposition records before the next hearing date. This procedural step indicates that the case is actively moving forward, requiring both parties to prepare for detailed examination of the relevant intellectual property filings.
Vocco Consultants And 2 Ors. v.Vicco Agencies Pvt. Ltd.
The Bombay High Court addressed a commercial suit concerning the trademark 'VICCO'. While the original suit was stayed pending a rectification application before the IPAB, the court took proactive steps to address the core dispute. Citing Supreme Court precedent, the court framed an additional issue specifically questioning whether the Defendant's registration of the mark 'VICCO' is bad in law and liable for invalidation.
Prime Comfort Products Private Limited v.Lal Bahadur Trading As Sulakshmi Enterprises
The Delhi High Court dismissed the defendant's application for summary judgment, upholding its territorial jurisdiction to hear the trademark infringement suit. The plaintiff successfully argued that the defendant was conducting business and soliciting sales within Delhi via its website and through market confusion involving distributors in the region. This ruling reinforces the principle that digital presence and market impact within a specific territory can establish jurisdictional grounds under IP law.
B.Vivekananthan v.B.Anandan Trading as Anand's MOONRAKERS RESTAURANT & B.Anandan Trading as Anand's Moonrakers
This Madras High Court case involved a trademark infringement suit filed by B.Vivekananthan against B.Anandan regarding the use of the 'MOONRAKERS' mark in restaurant and hospitality services. The plaintiff sought permanent injunctions for both trademark infringement and passing off, along with delivery up of infringing materials. Ultimately, the parties reached a joint compromise memo on April 30, 2021, which was recorded by the court, leading to a decree based on mutual settlement.
M/s.Geege Paints v.M/s.Agsar Match Industries
The Madras High Court dismissed a writ petition filed by M/s.Geege Paints challenging an order from the Intellectual Property Appellate Board (IPAB). Geege Paints had sought to uphold the validity of its trademark 'STAG' against rectification initiated by M/s.Agsar Match Industries. However, due to the petitioner's failure to appear before the court despite being duly served with notice, the High Court dismissed the petition for non-prosecution.
Syed Zakirali S/o Syed Jawarali v.Syed Zahidali S/o Syed Jawarali & Ors
The Bombay High Court allowed the appeal filed by Syed Zakirali against the dismissal of his civil suit concerning trademark infringement. The court held that Defendant No. 2 was illegally passing off goods as those of the plaintiff using disputed wrappers and labels ('322 pucca label' and '322 A.K.'). Consequently, the defendant was restrained from using these marks if the plaintiff renews them, and ordered to pay damages or render accounts of profits.
M/S.Sew-Eurodrive Gmbh & Co. Kg v.The Registrar, Trademarks Registry
The Madras High Court dismissed the writ petitions filed by M/S.Sew-Eurodrive Gmbh & Co. Kg challenging the Registrar's decision to treat its trademark applications as abandoned. The court held that since the impugned orders were passed by the Trademark Registrar, the appropriate remedy for the petitioner was not a Writ Petition under Article 226, but rather an appeal before the Intellectual Property Appellate Board (IPAB).
Country Inn Private Limited v.Country Inns And Suites By Carlson, Inc.
The Delhi High Court dismissed an application filed by Country Inns And Suites By Carlson, Inc. seeking permission to proceed with a trademark rectification petition aimed at cancelling the plaintiff's 'COUNTRY INN' registrations. The court found the defendant's attempt to derail the ongoing infringement suit frivolous and an abuse of process. Consequently, the application was dismissed with significant costs awarded against the defendant.
M/s.N.Ranga Rao & Sons Private Limited v.M/s.Balarama'S Incense Pvt. Ltd.
The Madras High Court ruled in favor of M/s.N.Ranga Rao & Sons Private Limited, finding that the defendant's use of the mark 'WOOD' constituted both trademark infringement and passing off against the plaintiff's registered word mark 'WOODS'. The court affirmed that since both marks were used for identical goods (incense sticks) within the same trade channel, deception was inevitable. Consequently, the suit was decreed, granting permanent injunctions, ordering the surrender of infringing stock, and directing the defendant to render accounts.
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