India Trademark Cases
3,740 decisions indexed
Page 102 of 125 · 3,740 total
Sun Pharmadeuticals Industries Ltd. v.Stadmed Pvt. Ltd. & Anr.
The Calcutta High Court allowed an application for amendment of the cause title, recognizing that the rights in the trademark 'ZOLAM' had been transferred from Sun Pharmadeuticals Industries Ltd. to Sun Pharma Laboratories Limited via a sanctioned scheme of arrangement. The court found the plaintiff's case unimpeachable and ruled that the successor company was entitled to continue the legal proceedings without delay.
Sushma Berlia & Ors. v.Kamal Kumar & Ors.
The Delhi High Court ruled in favor of the plaintiffs, who owned the registered trademark 'APEEJAY' used by an educational society. The suit was filed against a parents' association that had adopted the same name. The court held that even though the defendants were non-trading and non-profit, their use of the mark created a likelihood of public confusion, suggesting patronage or affiliation with the plaintiffs' school. Consequently, the court granted a permanent injunction preventing the unauthorized use of 'APEEJAY' by the association.
M/S Vardhaman Crop Nutrients Pvt. Ltd v.Union Of India And Ors
The Punjab-Haryana High Court dismissed a petition filed by M/S Vardhaman Crop Nutrients Pvt. Ltd, which sought to overturn an order directing it to change its company name. The court upheld the decision that the petitioner could not use 'Vardhaman' as part of its name because Respondent No. 4 held a registered trademark for the word. Despite arguments regarding prior knowledge and acquiescence during a marketing agreement, the High Court concluded that using the similar name amounted to an attempt to usurp the established business of the trademark holder.
sandisk corporation v.ms shivji electronics
Sandisk Corporation sued M/S Shivji Electronics for trademark infringement of its 'SanDisk' mark and logo, alleging the defendants were selling counterfeit SanDisk memory cards at significantly lower prices than authorized retailers. The plaintiff sought a permanent injunction and damages against the defendants’ counterfeiting activities in Lajpat Rai Market, New Delhi.
Amultek Software Solutions Pvt Ltd v.Kaira District Co-Operative Milk Producers Union Ltd
The Gujarat High Court addressed a challenge to an interim order preventing Amultek Software Solutions from using the name 'Amultek' due to trademark concerns raised by Kaira District Co-Operative Milk Producers Union Ltd. The court allowed the application filed by Amultek, permitting them to temporarily change their name to Atek Software Solutions Pvt Ltd while reserving their right to contest the underlying infringement claims in the main appeal. This decision allows the litigation to proceed toward a final determination of trademark rights.
Educare Limited v.S.K. Sachdev
Educare Limited filed a suit against S.K. Sachdev alleging trademark infringement concerning its well-established school brand, 'SHRI RAM'. The core dispute revolved around the defendant's use of 'ShreeRam World School' and the domain name www.shreeram.in, which the plaintiffs argued was phonetically and conceptually identical to their mark. After considering the plaintiff's extensive reputation in the education sector, the court confirmed the interim injunction, finding that the defendants' adoption of the name lacked bona fide intent.
M/S Dabur India Ltd. v.M/S Alka Ayurvedic Pvt. Ltd.
The Delhi High Court denied the interim injunction sought by Dabur India Ltd. against Alka Ayurvedic Pvt. Ltd. regarding the use of the mark 'PACHMOLA'. The court found that, based on prima facie examination of trade dress and product features, there was no immediate possibility of consumer deception or confusion between 'HAJMOLA' and 'PACHMOLA'. While not ruling on the merits of the full suit, the court directed the defendant to maintain and file quarterly sales accounts, allowing the litigation to proceed.
C.I.T v.M/S.Acqua Minerals P.Ltd
The dispute arose from an assessment where the Assessing Officer restricted the allowance of Rs. 2,90,602/- claimed by the assessee as royalty payment to M/s. Parle (Export) Pvt. Ltd for use of their trade mark 'Bisleri', classifying it instead as acquisition of a patent right under Section 35A. The Income Tax Appellate Tribunal referred this question to the High Court.
Banyan Tree Holding (P) Limited v.Jamshyad Sethna And Anr
The Delhi High Court permitted Banyan Tree Holding to amend its original suit for passing off and unfair competition. The plaintiff sought to incorporate claims for trademark infringement based on new registrations that occurred during the pendency of the case. The court held that since the registration happened subsequently, and allowing the amendment was necessary to determine the real controversy without causing prejudice to the defendants, the application under Order VI Rule 17 CPC was allowed.
Rspl Health Private Limited v.M/S. Deep Industry
The Delhi High Court confirmed an ex-parte interim injunction in favor of Rspl Health Private Limited against M/S. Deep Industry. The plaintiff successfully demonstrated a strong prima facie case, asserting that the defendant's use of the 'POSH' label was deceptively similar to its registered trademark and artistic work, 'XPERT.' Despite the defendant raising objections regarding jurisdiction and delay, the court found both arguments untenable, upholding the initial order against infringement and passing off.
Sunny Sales & Others v.Binod Khanna
The Calcutta High Court refused the plaintiffs' interim application for an injunction against the use of the trade mark 'LIPU' (and similarly 'SUNSHINE'). The court emphasized that while both parties claimed long-standing usage, neither had established exclusive rights. Given that both were importers sourcing goods from multiple manufacturers in China, and registration applications were recent, the court found no justification for granting an immediate injunction. However, the defendant was directed to maintain detailed sales accounts throughout the litigation.
M/S Radico Khaitan Limited v.M/S Brima Sagar Maharashtra Distilleries Ltd
M/S Radico Khaitan Limited filed a suit against M/S Brima Sagar Maharashtra Distilleries Ltd alleging infringement of several trademarks related to alcoholic beverages. The court addressed multiple interim applications, including those seeking liberty to sue for other unregistered marks and enlargement of time. Ultimately, the court partly allowed the applications, granting an interim injunction that restricts the Defendant from using identical or deceptively similar labels for specific products while permitting the use of generic terms without the protected prefix.
M/S.Grp Dairy Food Pvt. Ltd. v.S.Sudhakar
The Madras High Court resolved a dispute between M/S.Grp Dairy Food Pvt. Ltd. and S.Sudhakar concerning the trademarks 'Udhayam' and 'GRB Udhayam'. The parties reached an amicable settlement through mediation, resulting in a Memorandum of Compromise. Consequently, the court disposed of the writ petitions by allowing the trademark registrations to continue, provided certain conditions outlined in the compromise are incorporated into the registry.
NRB Bearings Limited v.Windsor Export
The Delhi High Court granted an interim injunction in favor of NRB Bearings Limited against Windsor Export, finding that the latter was infringing on its trademark and goodwill through deceptive use of a similar domain name. The court held that the defendant's minor spelling variant ('nrbearing.com') was intentionally chosen to attract customers associated with the plaintiff's well-known mark 'NRB'. Given the prima facie case and the risk of irreparable confusion, the injunction was granted during the pendency of the suit.
Neon Laboratories Ltd. v.Themis Medicare Ltd. and Ciron Drugs & Pharmaceuticals Pvt. Ltd.
The Bombay High Court granted interim relief in favor of Neon Laboratories Ltd. against Themis Medicare Ltd. and Ciron Drugs & Pharmaceuticals Pvt. Ltd., finding a prima facie case of trademark infringement and passing off. The court held that the Defendants' use of the 'XYLOX Family' marks was deceptively similar to the Plaintiff's established 'LOX Family' marks, despite the addition of the prefix 'XY'. Consequently, the Court issued an injunction restraining the Defendants from using the rival marks and ordered the appointment of a Court Receiver over the infringing goods.
Ram Pal Chauhan v.M/S County Apparels And Others
The Delhi High Court ruled in favor of Ram Pal Chauhan, proprietor of 'M/s. Classic Apparels,' who sued for passing off against M/S County Apparels and others regarding the trademark 'DEVIN.' The court found that the Plaintiff had established prior use and goodwill associated with the mark before the Defendants began using it to pass off their goods as those of the Plaintiff. Crucially, the judgment affirmed that a right of action for passing off exists even if the trade mark is unregistered, citing Section 27(2) of the Trade Marks Act.
Bharti Airtel Ltd v.Airtelasia & Ors
The Delhi High Court ruled in favor of Bharti Airtel, confirming a decree against Defendant No. 1 for trademark infringement and passing off. The court found that the defendant's use of 'AIRTELASIA' was identical and deceptively similar to Airtel's well-known mark 'AIRTEL,' leading to consumer confusion. Furthermore, the defendants were ordered to transfer the domain name www.airtelasia.com to Bharti Airtel.
Manmohan Plastic Pvt. Ltd. v.Ganpati Plastic Industries & Anr
The Delhi High Court addressed an interlocutory application seeking injunctive relief regarding the use of the 'MONICA' trademark. The court found that despite the petitioner holding a registered mark ('MONICA GOLD'), the respondents could demonstrate prior and continuous user of similar marks ('MONIKA') dating back to 1986, predating the plaintiff's claimed usage date. Consequently, the court declined to grant an injunction but mandated the defendants to maintain and submit quarterly sales accounts for all products sold under the disputed trademark.
Diageo Brands B. v.Khoday Breweries Ltd
Diageo Brands successfully secured an ad interim injunction against Khoday Breweries Ltd in a trademark infringement and passing off case. The Delhi High Court found that the defendants were using deceptively or confusingly similar marks, such as KHODEY BLACK & WHITE and VAT 999, which infringed upon Diageo's globally recognized portfolio of alcohol brands like Johnnie Walker and Guinness. This interim order prevents the defendants from continuing to use these infringing trademarks until the final outcome of the suit.
Brihan Karan Sugar Syndicate Private Limited v.South Konkan Distilleries
The Plaintiff, holding a registered trademark 'TANGO PUNCH', filed suit alleging that the Defendant was manufacturing and selling country liquor in bottles embossed with the Plaintiff's trade mark. The Plaintiff claimed this constituted infringement and passing off. The Court found that the Defendant's use fell squarely within Section 29(3) of the Act, leading to the grant of injunctions.
Sun Pharmaceuticals Industries Ltd v.Midley Pharmaceuticals Limied
This Calcutta High Court case involves a passing-off dispute between Sun Pharmaceuticals and Midley Pharmaceuticals concerning the trademarks CARDIVAS and CARVAS. The court framed ten detailed issues, focusing on whether the plaintiff is the proprietor of CARDIVAS, whether the defendant's mark CARVAS is confusingly similar or an imitation, and ultimately, whether the defendant is engaging in passing off. The case was fixed for settlement of these complex trademark infringement claims.
sandisk corporation v.raju aka bilal
Sandisk Corporation sued Raju A.K.A Bilal for trademark infringement, copyright infringement, passing off, and delivery up concerning counterfeit SanDisk memory cards being sold in Delhi's Old Lajpat Rai Market. The defendant was selling inferior quality fake memory cards bearing the SanDisk trademark at significantly lower prices.
M/s.Vijay Industries v.Vijay Solvex Limited
M/s. Vijay Industries appealed against the Addl. Sessions Judge, Dimapur's order which returned their plaint. The suit alleged infringement of the 'SCOOTER' trademark and associated artwork by Respondent No. 1 (Vijay Solvex Limited) and its agent. The core dispute revolved around whether the trial court lacked territorial jurisdiction to hear the matter. The High Court ultimately dismissed the appeal, finding no infirmity in the lower court's decision regarding jurisdiction.
Mahindra & Mahindra Limited v.MNM Marketing Pvt. Ltd.
The Bombay High Court granted temporary relief in favor of Mahindra & Mahindra Limited against MNM Marketing Pvt. Ltd., finding that the abbreviation 'M & M' enjoys protection as a registered trademark. The court issued a comprehensive injunction preventing the defendants from using the impugned marks, similar domain names (like www.mandmstores.in), or passing off their goods and services as those of the plaintiffs. Furthermore, Defendant No. 1 was mandated to delete 'MNM' from its corporate name within four weeks.
Mr Arnab Basu & Ors. v.Monginis Foods Pvt. Ltd.
The Calcutta High Court modified an existing ex parte interim order in the dispute between Mr Arnab Basu & Ors. and Monginis Foods Pvt. Ltd. The court acknowledged the long-standing use of the 'Monginis' brand by the plaintiffs since 1989, despite their manufacturing other products. To balance the interests of both parties, the court mandated that the plaintiffs must continue to dedicate at least 80% of their manufacturing capacity and display Monginis products in proportion within their outlets, ensuring no interference with the plaintiffs' business while protecting the defendant's brand rights.
Baroda Pharma Pvt. Ltd. v.Torrent Pharmaceuticals Ltd.
The Gujarat High Court addressed an appeal challenging a lower court's decision to dismiss a notice of motion seeking perpetual injunction against trademark infringement. The suit involved the trademarks 'VAL' and 'VALZ'. The High Court upheld the trial judge’s finding that there was no sufficient basis for immediate injunctive relief, noting differences in pronunciation, structure, and packaging between the two marks. Furthermore, the court emphasized the limited scope of appellate review over discretionary interim orders, directing the trial court to expedite the final hearing on merits.
Procter & Gamble Manufacturing (Tianjin) Co. Ltd. v.Anchor Health & Beauty Care Pvt. Ltd.
The Delhi High Court dismissed an appeal filed by Procter & Gamble against an interim injunction granted to Anchor Health & Beauty Care. The court upheld the protection of Anchor's trademark 'ALLROUND,' finding that the phrase 'ALL-AROUND PROTECTION' was not merely descriptive but indicated a peculiar quality and feature unique to Anchor's product. This ruling reinforces the principle that suggestive marks, even if related to general product characteristics, can be protected against imitation.
Levi Strauss & Company v.Shree Ganesh Garments
Levi Strauss & Company filed a suit against Shree Ganesh Garments alleging clandestine manufacturing, storing, distributing, and retailing apparel under deceptively similar trademarks to 'Levi's'. The plaintiff claimed ownership of several registered trademarks related to its clothing line. The court found the defendant guilty of blatant trademark infringement and granted comprehensive relief in favor of the plaintiff.
Drs Logistics (P) Ltd. v.Sandeep Chohan @ Sandeep Kumar & Ors.
The Delhi High Court addressed an application for an ex-parte ad-interim injunction in a trademark infringement suit involving 'Agarwal Packers and Movers Ltd.' The court noted the delay (40-50 days) between when the plaintiff became aware of the alleged misuse and when the suit was filed. Despite citing precedents that allow injunctions despite delay, the judge held that because the delay was relatively short, granting an immediate ex-parte order would cause greater mischief to the defendants than waiting for them to be served notice. Consequently, the court denied the interim injunction and directed proper service of summons.
Diageo Brands B. v.Sh. Sanjay Jain
The plaintiff, Diageo Brands B., filed a suit seeking permanent injunction against the defendants for passing off and dilution of its famous trademark JOHNNIE WALKER. The defendants were manufacturing and selling clothing under the deceptively similar mark 'JOHNY WALKER'.
Facing a trademark dispute?
Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.