India Trademark Cases
1,271 decisions indexed
Page 10 of 43 · 1,271 total
Anand Sarup Sachdeva M/S Diachi International v.Rex Sewing Machine Co. Pvt Ltd.
The Delhi High Court addressed an application seeking correction of clerical errors in a previous order related to a trademark dispute. The Court found that certain discrepancies, including the petitioner's name and the scope of cancellation, were inadvertent mistakes. Consequently, the court corrected the relevant paragraphs, ensuring the restoration of M/s Daichi International's trademark registration (No. 696905) while confirming the cancellation of the respondent's mark (No. 1573729). This order clarifies the legal standing of both parties in the ongoing dispute.
Rupa Gujral & Ors. v.Raghav Jaggi
Rupa Gujral and others filed a rectification petition under Section 57 of the Trademarks Act, 1999, seeking removal of an impugned trademark (No. 3777931) related to 'Original Dal Makhani & Butter Chicken'. The Delhi High Court issued notice to the respondent, Raghav Jaggi, requiring him to file a reply within six weeks. The matter has been scheduled for further hearing on July 25, 2024.
Tirupati Structurals Limited v.Jai Prakash Singhal
The Delhi High Court granted an interim injunction in favor of Tirupati Structurals Limited against Jai Prakash Singhal, finding that the defendant's use of 'MM TIRUPATI' was deceptively similar to the plaintiff's established mark 'TSL-TIRUPATI'. The court held that despite minor differences in prefixes, the identical and prominent shared element 'TIRUPATI', coupled with the similarity in goods (pipes and fittings), created a high likelihood of consumer confusion. This ruling reinforces the protection afforded by common law passing off principles against calculated attempts to capitalize on established goodwill.
Casablanca Apparels Pvt Ltd v.Polo Lauren Company Lp & Anr. & Anr.
The Delhi High Court dismissed a rectification petition filed by Casablanca Apparels against Polo Lauren's trademark 'POLO'. The court held that since an application challenging the mark's validity (under Section 124) was already pending before the Trial Court, the current rectification petition was not maintainable at this stage. This ruling emphasizes the procedural hierarchy between concurrent proceedings in civil suits and intellectual property rectification actions.
Vijay Abrol v.Yogesh Kumar Rustogi
The Delhi High Court allowed appeals filed by Vijay Abrol, setting aside a previous judgment that had favored Yogesh Kumar Rustogi in a passing off suit. The court found that the plaintiff failed to establish the necessary goodwill and reputation for the trademark 'BRITE' as required by the triple test for passing off. Furthermore, the appellant/defendant successfully demonstrated their own established use of the mark and secured its registration, leading the court to conclude the original suit lacked a real basis.
Eastman Auto And Power Limited v.Shreejee Power Systems Llp
In a Delhi High Court case concerning trademark infringement and passing off, Eastman Auto And Power Limited successfully reached a settlement with Shreejee Power Systems Llp. The Defendant agreed to permanently cease using the disputed mark 'EASTON' in association with batteries and solar inverters, acknowledge the Plaintiff's rights in 'EASTMAN', and undertake specific actions including filing for cancellation of one registered mark and rectification of another. The suit was subsequently disposed of on these consent terms.
M/S New Bharat Overseas v.M/S Bhagwati Lacto Vegetarian Exports Pvt Ltd
The Delhi High Court allowed an application for substitution, recognizing that the original petitioner's trademark and copyright rights had been assigned to a new entity, M/s New Bharat Impex. The court held that since the cause of action now rested with the assignee, the substitution was necessary for effective adjudication. This order ensures continuity in IP litigation following a change in ownership.
R C Plasto Tanks And Pipes Pvt. Ltd v.M/S. Navnath Pipes
The plaintiff, R C Plasto Tanks And Pipes Pvt. Ltd., claimed that the defendant, M/S Navnath Pipes, was infringing its distinctive trademark 'PLASTO/' in relation to plastic pipes and fittings. The dispute arose when the plaintiff discovered the defendant using a deceptively similar mark for manufacturing and selling impugned goods.
Chavvi Poplai And Anr v.Rajesh Chugh And Anr
The Delhi High Court addressed two matters in this order: an application seeking condonation of delay, which was granted, and a rectification petition challenging the trademark 'NIZAM'S'. The petitioners sought to remove the respondent's trademark registration, arguing that the word is publici juris. While the court accepted notice for the main petition, it also noted prior injunction orders favoring the respondents, directing both parties to file detailed replies before the next hearing.
Informa Markets India Private Limited v.M/S 4Pinfotech And Anr
Informa Markets India Private Limited filed a petition seeking rectification and removal of an existing copyright registration (L-79443/2018) for the work titled 'Virtual Expo'. The petitioner challenged the validity of the registration, arguing that the document merely described generic benefits of conducting virtual expositions. The Delhi High Court examined whether this description constituted protectable literary material or was simply a documentation of an idea. Ultimately, the court ruled in favor of the petitioner, holding that since the content was abstract and extremely generic, it did not meet the threshold for copyrightability.
Samsung Electronics Co,M v.Samsung Leasing & Ors.
The Delhi High Court addressed several procedural applications in the trademark passing off suit filed by Samsung Electronics. The court allowed a minor application concerning corporate name changes for one defendant, while simultaneously framing an additional issue to determine the validity and non-use of the plaintiff's 'SAMSUNG' trademarks. Furthermore, the court dismissed the defendants' attempt to prematurely adjudicate objections regarding the mode of proof during evidence, holding that such issues are best reserved for final arguments.
north side brewers private ltd v.the registrar of trade marks
North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.
north side brewers private ltd v.the registrar of trade marks
North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.
M/S Vans Inc. Usa v.Fcb Garment Tex India ( P) Ltd. And Anr
The Delhi High Court took proactive steps to streamline complex intellectual property disputes involving M/S Vans Inc. Usa and Fcb Garment Tex India. The court ordered the consolidation of three separate trademark rectification petitions concerning the marks 'IVANS NXT', 'IVANS', and 'IVANS Active'. Furthermore, it directed the transfer of a related civil suit from the Patiala House Courts to be heard alongside these IP matters. This move ensures that all interconnected disputes are adjudicated together under one judicial umbrella.
Anil Kumar Gera Trading As Alka Food Industries v.Mr Ramesh Chander Trading As Anil Food Industries
This Delhi High Court order addressed petitions challenging two existing copyright registrations held by M/s Anil Food Industries. The petitioner, Alka Food Industries, alleged that these registrations for artistic labels were obtained improperly and in contravention of statutory rules. The core legal issue revolved around whether the Respondent complied with the mandatory requirement of issuing notice to all interested parties during the registration process. The Court directed that the impugned copyrights be treated as revoked/cancelled, while simultaneously reviving the original applications. This allows the Petitioner a fresh opportunity to file an opposition, ensuring the matter is re-decided in accordance with law.
Wellcon Animal Health Pvt Ltd v.M/S. Welldorf Labs & Ors.
In a significant development for trademark disputes, the Delhi High Court allowed Wellcon Animal Health Pvt Ltd to proceed with its petition seeking rectification of the mark 'APTIFAST'. The court accepted the respondent's instruction to voluntarily withdraw the registered trademark. Consequently, the petitioner's case was disposed of on the condition that the respondents formally file an application for withdrawal within three weeks, ensuring the mark is struck off the register.
M/s Munjal Showa Limited v.M/s Star India Private Limited
The Madras High Court addressed a batch of petitions concerning the rectification and removal of several trademarks, including 'MANJAL.' The court accepted the first respondent's affidavit stating that some trademarks had expired and others were not being put to use despite renewal. Consequently, the court allowed the petitions, directing the first respondent to initiate necessary cancellation applications before the Trade Marks Registry within a specified timeframe.
M/s Munjal Showa Limited v.M/s Star India Private Limited
The Madras High Court addressed a batch of petitions concerning the rectification and removal of several trademarks, including 'MANJAL.' The court accepted the first respondent's affidavit stating that some trademarks had expired and others were not being put to use despite renewal. Consequently, the court allowed the petitions, directing the first respondent to initiate necessary cancellation applications before the Trade Marks Registry within a specified timeframe.
M/s.R.K.Gnapathi Chettiar v.G.Saravanan
The Madras High Court closed an Original Petition seeking rectification of a trademark registration after both parties entered into a joint compromise memo. The petitioner, M/s.R.K.Gnapathi Chettiar, successfully secured commitments from G.Saravanan to cease using the disputed mark and take steps within 30 days to cancel Registration No. 3814752 in Class 29. This settlement provides a definitive resolution to the trademark dispute.
Richi Mathew v.Muthoot Finance Ltd; The Trademark Registry
The Madras High Court addressed two Original Petitions concerning the rectification and expungement of specific trademarks registered under Trademark Nos. 1880132 and 1248199 in Class 36. However, before any substantive ruling could be made on the merits of the trademark entries, the petitioner filed an endorsement stating that they no longer wished to pursue these petitions. Consequently, the Court dismissed both Original Petitions as withdrawn.
The Procter & Gamble Company v.Rspl Limited
The Delhi High Court allowed a rectification petition filed by The Procter & Gamble Company against Rspl Limited, directing the removal of the trade mark 'VINGS'. The court found that 'VINGS' was phonetically and identically similar to the petitioner's prior registered trademark 'WINGS', which covered identical goods (sanitary pads). Furthermore, the respondent failed to provide credible evidence of use for their mark during the application process. While the immediate rectification is granted, the broader issue regarding Rspl's descriptive use of 'with wings' remains open and will be decided in a separate suit.
Powerhouse Licensing LLC. v.Anand Rai
Powerhouse Licensing LLC successfully secured an interim injunction in the Bombay High Court against Respondent No. 1 regarding a conflicting trademark registration for 'POWERHOUSE GYM'. The court found that the Petitioner holds prior, famous, and well-known rights to the mark, making the impugned registration prima facie liable to be cancelled or rectified. This initial victory allows the Petitioners to prevent any misuse of their brand while the full legal proceedings continue.
Powerhouse Licensing LLC. v.Anand Rai
Powerhouse Licensing LLC successfully secured an interim injunction in the Bombay High Court against Respondent No. 1 regarding a conflicting trademark registration for 'POWERHOUSE GYM'. The court found that the Petitioner holds prior, famous, and well-known rights to the mark, making the impugned registration prima facie liable to be cancelled or rectified. This initial victory allows the Petitioners to prevent any misuse of their brand while the full legal proceedings continue.
The Polo/Lauren Company L.P v.M/s Royal Classic Mills Private Limited
The Madras High Court addressed a petition filed by The Polo/Lauren Company L.P seeking to remove an alleged infringing trademark, 'CLUB LINE BY CLASSIC POLO,' registered under No. 1236106 in Class 25. However, the court noted that the first respondent (M/s Royal Classic Mills Private Limited) had already filed a formal application (TM-P dated 22.04.2024) to cancel this specific trademark registration. Consequently, the High Court closed the petition, confirming that the objective of the petitioner was achieved through the action taken by the respondent.
Cosmetic Warriors Limited v.Apex Laboratories Pvt. Ltd
The Madras High Court allowed the rectification petition filed by Cosmetic Warriors Limited against Apex Laboratories Pvt. Ltd regarding the trademark 'BIOMIC SCIENCE'. The court accepted the argument that despite registering the mark in 2012, the first respondent had failed to put it to substantial use in commerce. Consequently, the registration entry was rectified and removed.
Jk Lakshmi Cement Ltd. v.Kana Ram Kalirana & Anr.
The Gujarat High Court disposed of a rectification petition filed by Jk Lakshmi Cement Ltd. against Kana Ram Kalirana & Anr. The court noted that the parties had entered into a settlement in another suit, wherein Respondent No. 1 undertook to abandon the impugned trademark registration. Consequently, the court directed the Trade Marks Registry to expedite the processing of the withdrawal application filed by the respondent, effectively allowing the matter to be resolved through administrative action.
Regency Plywood Industries Pvt. Ltd v.Chowdhury Enterprise And Ors
The plaintiff filed a suit seeking relief concerning its registered mark "METRO" against the respondents. The court addressed procedural matters, granting the plaintiff leave to add prayers and confirming jurisdiction under specific legal provisions.
V.Lakshminarayanasamy & Suguna Lakshminarayanasamy v.Siva Bhaskaren & The Deputy Registrar, Trademark Registry, Chennai
The Madras High Court dismissed a petition seeking the removal or cancellation of Trademark Registration No. 1191299, which was registered in Siva Bhaskaren's name for goods like pressure cookers and fans. The court noted that the trademark's validity expired on April 10, 2023, as no renewal request had been filed within the ten-year period. Consequently, the petition seeking rectification became infructuous, leading to its closure.
Soremartec S.A v.M/s.Cavinkare Private Limited
The Madras High Court closed rectification petitions filed by Soremartec S.A against M/s.Cavinkare Private Limited after both parties executed a comprehensive Memorandum of Compromise. The settlement allows Cavinkare to continue using the disputed marks ('MOMENTS') but strictly limits their application to specific, non-conflicting goods (e.g., coffee and tea). Crucially, Cavinkare agrees not to use these marks for confectionery or chocolate products, thereby protecting Soremartec's superior rights in 'FERRERO MOMENTS'.
Soremartec S.A v.M/s.Cavinkare Private Limited
The Madras High Court closed rectification petitions filed by Soremartec S.A against M/s.Cavinkare Private Limited after both parties executed a comprehensive Memorandum of Compromise. The settlement allows Cavinkare to continue using the disputed marks ('MOMENTS') but strictly limits their application to specific, non-conflicting goods (e.g., coffee and tea). Crucially, Cavinkare agrees not to use these marks for confectionery or chocolate products, thereby protecting Soremartec's superior rights in 'FERRERO MOMENTS'.
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