TRADEMARK — India Patent Cases
719 decisions indexed
Page 7 of 24 · 719 total
Veekesy Rubber Industries Pvt. Ltd. v.Vijay Kalra And Anr.
The Delhi High Court disposed of a trademark dispute between Veekesy Rubber Industries Pvt. Ltd. and Vijay Kalra And Anr., based on an amicable settlement reached by both parties. The settlement agreement mandated that Respondent No. 1 acknowledge the exclusive rights of the petitioner in 'VKC' marks and cease using similar trademarks like 'VKV'. Crucially, the court directed the Trademark Registry to process the withdrawal and subsequent rectification/removal of the infringing trademark from the register.
M/S Shree Vallabh Metals v.Pappu Farishta Sole Proprietor Of M/S Pappu Farishta
The Delhi High Court ruled in favor of M/S Shree Vallabh Metals against Pappu Farishta Sole Proprietor Of M/S Pappu Farishta, granting a permanent injunction. The court found that the defendant's actions constituted trademark infringement and passing off concerning the plaintiff's 'MAXFRESH' brand across various household goods categories. While dismissing an application to add another party, the court proceeded with the suit, decreeing the specific relief sought by the plaintiff regarding the use of their protected marks.
Mrs. Shubhangi S. Jachak v.Land Mark Crafts Pvt. Ltd & Anr.
The Delhi High Court issued an order modifying a prior decision in the trademark dispute between Mrs. Shubhangi S. Jachak and Land Mark Crafts Pvt. Ltd & Anr. The modification allows Respondent No. 1 to bring on record several crucial additional documents related to ownership changes, examination objections, and responses filed with the Trademark Registry. This procedural step is significant as it introduces detailed evidence regarding trademark assignment timelines and prior rejection grounds into the ongoing litigation.
Lv Bhavani Sankar v.Gemini Edibles And Fats India Pvt Ltd.
The Madras High Court addressed a Transfer Review Petition filed by Lv Bhavani Sankar against a previous rectification order concerning Trademark 3830617. The petitioner sought to keep the trademark registered. However, the court noted that the arguments in the current petition were identical to another pending petition and closed (T)Rev.Pet(IPD)/2/2024 without issuing a specific ruling on costs.
Murali Lal Harish Chandra Jaiswal Pvt. Ltd. v.Karthikeyan Manishekar
The Madras High Court allowed a petition seeking the rectification and removal of the trademark 'HANS VENBA' (No. 3917470) following a settlement reached between the petitioner, Murali Lal Harish Chandra Jaiswal Pvt. Ltd., and the first respondent, Karthikeyan Manishekar. The court confirmed that the registration would be cancelled as per the terms of the memorandum of settlement executed on August 7, 2024. Consequently, the Registrar of Trade Marks was directed to remove the entry from the register within four weeks.
Ms Allanasons Private Limited v.The Registrar Of Trademarks & Anr.
The Delhi High Court issued an order in the matter concerning Ms Allanasons Private Limited versus The Registrar Of Trademarks & Anr. This interim order scheduled both associated commercial IP disputes (C.O. (COMM.IPD-TM) 86/2024 and C.O. (COMM.IPD-TM) 91/2024) for a hearing on August 29, 2025. The court's directive indicates the ongoing procedural progression of these trademark matters.
Shri Rajesh Chugh v.Mehruddin Ansari & Anr.
The Delhi High Court allowed a petition filed by Shri Rajesh Chugh against Mehruddin Ansari & Anr., directing the cancellation of the rival trademark ANDAAZ-E-NIZAAM. The court accepted the respondent's admission that the mark had been abandoned due to non-use, despite its initial similarity to the petitioner's established brand NIZAM'S. This ruling underscores the importance of continuous use and good faith in maintaining a registered trademark.
The World Community Services Centre v.Vetham Kuzhumam Spiritual Trust
The Madras High Court disposed of a petition filed by The World Community Services Centre seeking rectification of a trademark registration held by Vetham Kuzhumam Spiritual Trust. The dispute, which involved specific service descriptions within Trademark Registration No. 3654426, was resolved amicably through a Joint Memorandum of Compromise signed by both parties. Consequently, the Court directed the Registrar of Trademarks to implement the terms of this compromise.
Yonex Kabushiki Kaisha Trading As Yonex Co Ltd v.Harshit Setia & Anr.
Yonex filed a petition seeking the rectification and expungement of a trademark registration (No. 5548308) in Class 25, held by Harshit Setia, for the mark 'AERUS'. Yonex argued that the registration was obtained in bad faith and lacked bonafide use, making it ex facie illegal under Section 47(1)(a) of the Trade Marks Act. The Delhi High Court accepted notice and directed both parties to file their respective replies within specified timelines, setting the matter for further hearing.
Mr.A.Salaudeen v.The Registrar of Trade Marks
Mr. A. Salaudeen approached the Madras High Court seeking intervention against the prolonged delay by the Registrar of Trade Marks in processing his post-registration changes for three trademarks ('Globe', 'Cock', and 'Anil'). The petitioner argued that this seven-year pendency was causing undue hardship and eroding his goodwill due to unauthorized third-party use. Recognizing the administrative lapse, the Court issued a directive compelling the Registrar to dispose of the pending application within eight weeks.
M/S G.K. Tobacco Industries Pvt. Ltd. v.M/S Aum Universal Inc. & Anr.
The Delhi High Court allowed M/S G.K. Tobacco Industries Pvt. Ltd.'s application seeking permission to introduce crucial new evidence into the ongoing trademark dispute. The plaintiff sought to file the official trademark registration certificate and status, which was granted after the initial opposition filed by the defendants was rejected. This ruling allows the plaintiff to strengthen its case for rectification in the suit.
Makemytrip (India) Private Limited v.Tickmytrip Services Private Limited
The Madras High Court dismissed Original Petitions filed by Makemytrip seeking the rectification and cancellation of Tickmytrip's registered trademarks (Nos. 2801898 & 2801899). The court accepted a written undertaking from Tickmytrip stating that they do not intend to renew these trademark registrations once their current term expires on September 2, 2024. Since the marks will lapse, the court found no necessity for further orders regarding cancellation.
M/S Rspl Health Private Limited v.Bhagwati Gram Udyog Mandal & Anr
The Delhi High Court allowed a petition filed by M/S Rspl Health Private Limited, confirming a prior compromise reached with Respondent No. 1 in TM-84/2021. As part of this settlement, the respondent undertook to cancel their registered trademark 'SAKSHI XPERIA' and withdraw all related applications for marks containing 'XPERT' or 'XPERIA'. Consequently, the court disposed of all pending applications, upholding the terms of the compromise.
Just Lime My Child Foundation v.The Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Just Lime My Child Foundation against the Registrar of Trade Marks' decision to refuse registration of the word mark 'GIRL POWER PROJECT.' The court found that the Respondent erred by dissecting the composite mark and incorrectly deeming it descriptive. Crucially, the court emphasized that a composite mark must be evaluated as a whole, not in isolation, thereby upholding the distinctiveness of the foundation's brand.
Mr.A.S.Nagabhushana v.M/s.Shesha Matching
This Madras High Court judgment records the settlement of trademark disputes between Mr. A.S. Nagabhushana and M/s. Shesha Matching. The original petitions, which sought to expunge registered trademarks (SESHA) from the registry, were ultimately dismissed as withdrawn. Both parties reached a compromise agreement on July 8, 2024, resolving the conflict without further litigation.
Mrs Arti Gupta & Anr. v.Puran Rana & Anr.
The Delhi High Court allowed a rectification petition filed by Mrs Arti Gupta against Puran Rana, leading to the cancellation of the trademark 'KONVIO NEER' registered in Class 35. The court found that the petitioner was the prior adopter and user of the mark since 2018, while the respondent obtained registration much later in 2022. Citing provisions of the Trade Marks Act, 1999, the High Court ruled that the subsequent registration by the respondent was not made in good faith and constituted a contravention of statutory rights.
Varun Chopra & Anr. v.Shyam Sunder Chopra Sons Huf & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Varun Chopra against Shyam Sunder Chopra Sons Huf. The court allowed the main suit to proceed after resolving jurisdictional issues and granting various procedural exemptions, including those related to document filing and advance service. Crucially, the court referred the dispute to mediation, encouraging the parties to explore an amicable settlement despite the clear allegations of passing off and trademark infringement.
Spread Home Products Pvt. Ltd v.Homescapes @ Kesri Transcontinental
The Delhi High Court granted interim relief to Spread Home Products Pvt. Ltd in its suit against Homescapes @ Kesri Transcontinental regarding the alleged infringement of 'DOCTOR PILLOW'. The court allowed an ex-parte appointment of a Local Commissioner to conduct a search and seizure at the defendant's premises, aiming to gather evidence of counterfeit products. Furthermore, the court granted exemptions from pre-institution mediation and condoned a delay in filing the suit, paving the way for the main litigation.
Modi Paints And Varnish Works v.Sanjay Gupta And Anr.
The Delhi High Court granted a petition for the rectification and removal of the 'MODI CRYL' trademark. The court found that the trademark, registered in the name of Sanjay Gupta, had lapsed as its renewal was due but never completed after May 21, 2018. Since the mark was no longer subsisting, the petitioner's request for its removal was satisfied.
Bennet, Coleman & Company Limited v.Arvind Fashions Limited
The Madras High Court dismissed two rectification petitions filed by Bennet, Coleman & Company Limited against the trademark registration of 'NNNOW'. The dispute centered on removing specific descriptions of services from the impugned registration. Crucially, both parties reached a Joint Compromise Memo before the court. Consequently, the petitions were withdrawn, marking an amicable resolution to the intellectual property conflict.
M/s.Babu Ram Om Prakash v.A.Manickavel
The Madras High Court disposed of an Original Petition concerning the rectification of Trade Mark No. 502558 after both parties entered into a Joint Memorandum of Compromise. The petition, which had been transferred from the Intellectual Property Appellate Board, was settled amicably between M/s. Babu Ram Om Prakash and A. Manickavel. This resolution allows the matter to be closed without further judicial intervention.
Dongguan Huali Industries Co. Ltd. v.Anand Aggarwal And Ors.
The Delhi High Court granted an interim injunction in favor of Dongguan Huali Industries Co. Ltd., preventing the defendants from using the identical trademark 'HUALI'. The Plaintiff successfully argued that despite the Defendant securing a statutory registration, their prior and extensive common law usage established significant goodwill and market reputation for the mark. The court found that the Defendants' adoption was dishonest and likely to cause irreparable consumer confusion, thus protecting the Plaintiff's brand equity.
Naveel Danish v.The Registrar of Trade Marks
In this Madras High Court judgment, the court addressed a writ petition seeking direction for the re-examination of Trademark Application No. 55070330. The petitioner sought intervention to compel the Registrar to act on previous representations requesting fresh examination and criminal proceedings. While the initial prayer was broad, the court ultimately directed the Registrar to proceed with fresh orders in accordance with law, ensuring all parties are given a fair opportunity during the process.
Jaco Dr. Jaeniche Gmbh And Co. Kg. v.Saneet Gmbh and Anr.
The Bombay High Court allowed a petition filed by Jaco Dr. Jaeniche Gmbh And Co. Kg., leading to the removal of an identical trademark registration held by Saneet Gmbh and Anr. The court found that the Petitioner was the prior user and proprietor of the mark 'JACO,' which possessed extensive international reputation and goodwill spilling over into India. Given the Respondent's failure to contest the matter despite multiple opportunities, the Court ruled that the impugned registration was fraudulent and contrary to honest trade practices, thereby protecting the Petitioner's rights.
Hytrans Beheer B.V. v.Registrar of Trade Marks and Anr.
The Bombay High Court set aside an earlier refusal order issued by the Trade Marks Examiner regarding the 'HYTRANS' trademark application. The court found that the original decision was cryptic, citing only sections of the Act without providing sufficient reasons or considering the detailed reply submitted by the petitioner. Consequently, the matter has been remanded to the Registrar for a fresh, reasoned hearing by a different officer.
Ashish Anilkumar Desai (M/s. Sujanil Chemo Industries) v.M/S.Maas Herbals Private Limited
The Madras High Court dismissed the Original Petition filed by Ashish Anilkumar Desai against M/S. Maas Herbals Private Limited. The petition sought rectification and cancellation of the trademark 'LICYL' from the register, citing issues with Registration No.2089321. Crucially, the court noted that despite multiple opportunities and service of notice, the petitioner failed to appear for hearing. Consequently, the case was dismissed purely on grounds of non-prosecution.
M/s. Vemula Buchamma And Sons v.Vemula Manikyam
The Madras High Court dismissed an Original Petition filed by M/s. Vemula Buchamma And Sons against Vemula Manikyam and the Registrar of Trade Marks. The petitioner sought the removal or cancellation of the trademark 'KISMAT BEEDI' from the register, citing concerns over maintaining the purity of the register. However, due to the petitioner's failure to appear for hearing despite being duly served notice, the court dismissed the petition for non-prosecution.
Roppen Transportation Services Private Limited v.Mr. Nipun Gupta & Anr.
Roppen Transportation Services Private Limited filed a petition seeking the removal of an allegedly infringing trademark, 'RAPIDO' (No. 4459206), registered in Class 39. The Delhi High Court proceeded with issuing notice to all permissible parties, setting the matter for return on September 24, 2024. While procedural applications regarding document filing were addressed, the core dispute over trademark cancellation is now moving forward.
Ranjit Prasad Mathuri v.Gopal Choudhary & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of the plaintiff, Ranjit Prasad Mathuri, against the defendants. The court found that the plaintiff had made out a prima facie case for trademark infringement concerning his 'GS GULAB BIDI 755' mark. This immediate relief restrains the defendants from manufacturing or dealing in bidis using marks identical or deceptively similar to the plaintiff's registered trade mark, pending further proceedings.
Radico Khaitan Ltd v.Superior Industries Ltd
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Radico Khaitan Ltd against Superior Industries Ltd. The court found that the Defendant's use of 'GREAT GRAND MASTI' for alcoholic beverages was highly likely to cause confusion and constitute trademark infringement or passing off against the Plaintiff's established mark, 'MASTIH'. This interim order immediately restricts the defendant from manufacturing or selling products bearing the impugned marks until the final hearing.
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