India Trademark Cases
3,740 decisions indexed
Page 108 of 125 · 3,740 total
PACS CHEMICALS THRO. DIRECTOR, ANJU S BHATT v.UNION OF INDIA & 4
The petitioners challenged the order passed by the Deputy Registrar of Trade Marks dated 17/05/2010, which dismissed their opposition and granted registration in favour of Respondent No. 5 for a trademark application (No. 1641653/1641655). The court held that since an alternative statutory remedy of appeal was available to the petitioners, the writ petitions could not be entertained.
Marico Limited v.J.K. Enterprises & Others
The dispute centered on whether J.K. Enterprises was passing off its coconut oil, sold under the name "Nihal," as that of Marico Limited (or its predecessor). The court examined the similarity between the two packaging designs and marks, concluding that the defendant's use was deceptively similar to the plaintiff's registered mark 'Nihar'.
R.R. Proteins And Agro Limited v.Hari Shankar Singhania & Another
The plaintiff asserted exclusivity over its word mark 'Arati' in edible oil against the defendant's use of 'Sandhya Arati'. The court found that despite the addition of 'Sandhya', the prominent feature 'Arati' was incorporated, leading to infringement and passing-off. Consequently, an injunction was granted restraining the defendants from using the infringing mark.
M/S. Takkar (India) Tea Company v.Soongachi Tea Industries Pvt. Ltd.
The Delhi High Court ruled in favor of M/S. Takkar (India) Tea Company, setting aside an adverse decision by the Intellectual Property Appellate Board (IPAB). The core issue was whether the Petitioner’s trademark 'GOLD LEAF' for tea was deceptively similar to the Respondent’s registered mark 'SONA'. The Court emphasized that marks must be compared as a whole, rejecting the IPAB's approach of splitting 'GOLD LEAF' into 'GOLD' and comparing it only with 'SONA'. Furthermore, the distinct visual depiction of the two marks was noted as a key distinguishing factor.
Itw India Limited v.Deputy Registrar of Trade Marks
The Madras High Court dismissed an appeal filed by Itw India Limited challenging the rejection of its trademark registration for 'MET L GARD'. The court found that despite the appellant's claims of prior use and distinctiveness, their application was vulnerable to opposition from Metalguard Private Limited. The judgment emphasized that phonetic similarity between 'MET L GARD' and 'METALGUARD', coupled with the intent to exploit a similar business field (Class-2 vs Class-1), created a high likelihood of public confusion.
Shell Brands International Ag & Anr. v.Gagan Chanana & Others
The Delhi High Court dismissed the plaintiffs' application for a temporary injunction against the use of the 'SHELL' mark, as well as the defendant's request to stay proceedings. The court found that despite the plaintiff's strong brand recognition in petroleum products, their delay in opposing the defendant's earlier trademark application and subsequent failure to demonstrate clear consumer confusion due to dissimilar goods weakened their case. Furthermore, the plaintiffs' prior filing for rectification of the mark was deemed a material fact they had suppressed, leading to the dismissal of both applications.
M/S Gufic Ltd. & Another v.Clinique Laboratories, Llc & Anr
The Delhi High Court addressed an appeal challenging a restraining order against M/S Gufic Ltd. regarding its use of the mark 'SKINCLINIQ'. The appellate court overturned the lower court's finding of prima facie infringement, holding that there was no overall visual or phonetic similarity between 'CLINIQUE' and 'SKINCLINIQ'. Furthermore, the vast price differential between the products was cited as a factor preventing consumer confusion. Consequently, the injunction granted by the single judge was vacated.
M/S Suttind Seeds Pvt. Ltd. v.M/S Sutton & Sons India Pvt. Ltd.
The Delhi High Court granted an interim injunction in favor of Suttind Seeds Pvt. Ltd., preventing Sutton & Sons India Pvt. Ltd. from using the deceptively and confusingly similar trademark 'SUTTON SEEDS'. The court found that Suttind Seeds had established distinctiveness and goodwill, and the defendant's use risked deceiving consumers into believing their products originated from the plaintiff. This order protects the plaintiff's reputation while the main suit is pending.
Vivek Kochher And Another v.M/S Kyk Corporation Limited And Others
The dispute involved a claim by Vivek Kochher and others that they were the rightful proprietors of the trade mark 'KYK' for automobile parts, which was being deceptively used by M/S Kyk Corporation Limited. The defendants claimed prior user rights dating back to 1952. The court issued an interim order to prevent confusion.
Dabur India Limited v.Gautam Burman
Dabur India Limited filed a suit seeking permanent injunction against Gautam Burman and others for alleged infringement and passing off of its registered trade mark KESHRAJ (hair oil). The plaintiff claimed that the defendants were using the identical mark, causing public deception. However, the court ultimately held that it lacked territorial jurisdiction to entertain the claims regarding infringement and passing off.
Elbaik Food Systems Co. S.A v.Mr.Maideen Kutty
The Kerala High Court addressed an appeal filed by Elbaik Food Systems Co. S.A against a lower court's refusal to grant temporary injunction in a trademark suit. Recognizing that the case involved complex comparative evaluation of trademarks and was ripe for trial, the court chose not to rule on the merits of the dispute. Instead, it directed the lower court to expedite the trial process and ensure both parties receive sufficient opportunity to present evidence within six months.
Abdul Rashid (Partner Al Bake Arabic) v.Elbaik Food Systems Co.S.A.
This appeal before the Kerala High Court concerned a challenge to an interlocutory temporary injunction granted in a trademark infringement suit. The court acknowledged that the matter involved complex issues regarding the comparative evaluation of trademarks and the ongoing trial proceedings below. While refusing to overturn the existing injunction, the judges directed the lower court to expedite the full trial process and dispose of the suit within six months, ensuring neither party was unduly hindered by the interim order.
A.P.Shajahan & Ors. v.M/S Gulf Gate Hair Fixing Pvt.Ltd.
The Kerala High Court upheld a temporary injunction granted to the plaintiffs, who held a registered trademark for 'Gulf Gate Hair Fixing.' The court found that despite the defendants being related parties and operating similar businesses (hair fixing), their use of names like 'Gulf Brothers' was deceptively similar to the plaintiff's mark. Citing principles of consumer confusion, the court ruled that the similarity in services and the shared regional context made it highly likely that the public would mistake the establishments for one another, thereby sustaining the injunction.
M/S Eureka Forbes Limited v.Kent Ro Systems
The plaintiff, M/S Eureka Forbes Limited, challenged an advertisement by Kent Ro Systems, alleging that it disparaged the plaintiff's water purifier products which utilize UV and RO technology. The defendant argued there was no disparagement and that UV technology is not exclusive to the plaintiff. The court found that while the suit would proceed on merits, the defendant must amend its advertisement to clearly state all attributes of its UV and RO based machines.
Nirapara Roller Flour Mills Pvt. Ltd. v.Ammini Karnan
The Kerala High Court allowed an appeal in a passing off action, setting aside the lower court's decree. While the case was remanded back to the District Court for a comprehensive re-evaluation, the High Court simultaneously granted an interim injunction. This order specifically restrained the defendants from using similar marks on rice and rice products, acknowledging the plaintiffs' prima facie case regarding their reputation in that sector.
J & P Coats Ltd. v.New Green Ways
J & P Coats Ltd. filed a suit for permanent injunction and account of profit against New Green Ways, alleging that the defendants were manufacturing and marketing stitch kits and tatting materials under the trade mark ANCHOR in connection with goods unrelated to the plaintiffs' business. The court found that the defendants were wrongfully selling and passing off goods as those of the plaintiffs.
Jolen Inc. v.Shobanlal Jain & Ors
The Delhi High Court ruled in favor of Jolen Inc., setting aside previous decisions by the Intellectual Property Appellate Board (IPAB) and the Assistant Registrar of Trade Marks. The court recognized that Jolen's mark had acquired significant trans-border reputation and goodwill due to its extensive international use, which spilled over into India. By establishing Jolen as the first party in both international and domestic markets, the High Court mandated the registration of the trademark for the Petitioner.
Marico Limited v.Agro Tech Foods Limited
The Delhi High Court dismissed Marico Limited's appeal against an order that rejected its injunction application regarding trademark infringement and passing off. The court held that the respondent's use of 'LOW ABSORB TECHNOLOGY' did not constitute deceptive similarity or passing off, primarily because the expression is descriptive in nature. This ruling emphasizes that registration alone does not guarantee a prima facie case for infringement if statutory defenses are validly raised.
Super Cassettes Industries Ltd. v.Union Of India & Ors.
The Delhi High Court set aside an adverse ruling by the Intellectual Property Appellate Board (IPAB) concerning the trademark T-SERIES. The court affirmed the initial registration granted to Super Cassettes, finding that there was no likelihood of deception or confusion between T-SERIES and the marks held by TELCO. The judgment emphasized that because Super Cassettes did not use the word 'TATA,' which is central to TELCO's branding, the similarity claim failed.
Chorion Rights Limited. v.M/S Ishan Apparel & Ors
The Delhi High Court dismissed the plaintiff's interim injunction request concerning the trademark NODDY. The court found that the plaintiff failed to provide sufficient objective evidence of prior use and market presence in India, despite claiming worldwide rights. Conversely, the defendants presented evidence of their own long-standing use and registration of the mark for apparel since 1995. Consequently, the court ruled against granting an injunction at this preliminary stage.
Shri Atul Rawal v.M/S S.B. Equipments
The Delhi High Court dismissed the plaintiff's application for an interim injunction in a passing off suit concerning the 'SUPER BRIGHT' detergent brand. The court found that despite the similarity of the marks, the plaintiff was disentitled to immediate relief due to strong evidence suggesting acquiescence. Specifically, the court noted that the plaintiff was aware of the defendant's use and continued to compete with them without taking timely legal action, which strongly suggested consent or tolerance of the usage.
M/S Living Media India Ltd. & Anr v.Asad Patel & Ors
The Delhi High Court ruled in favor of M/S Living Media India Ltd., granting a permanent injunction against the defendants for infringing their registered trademark 'AAJ TAK'. The court found that the defendant's use of 'Khabrein AAJ TAK,' despite the prefix, was deceptively similar and amounted to passing off. While the plaintiffs were successful in securing the injunction, they failed to provide cogent evidence regarding business loss or profits derived by the defendants, meaning no damages were awarded.
M/s. Karnataka Cooperative Milk Producers Federation Limited v.Vinod Kanji Shah & Nitin Kanji Shah
The Madras High Court allowed an appeal filed by Karnataka Cooperative Milk Producers Federation Limited against a trade mark office decision. The core issue was whether the first respondent's use of the identical word 'Nandini' for agarbattis and doops would cause confusion with the appellant's well-established milk product brand. The court ruled that due to the phonetic similarity and the exact matching style of writing, the offending mark is deceptively similar, thereby protecting the goodwill of the established dairy producer.
Mukesh Khadaria (Trading as M/s Aggarwal Udyog) and Ram Plaster v.DCM Shriram Consolidated Limited
The Delhi High Court dismissed the appeals filed by the appellants, confirming the injunction granted against them. The court found that the appellants were passing off their plaster of Paris as belonging to DCM Shriram Consolidated Limited because they used the prominent trademark 'Shriram' on their packaging. Applying the test of overall visual impression and likelihood of confusion among consumers, the court ruled in favor of DCM, emphasizing that mere dissimilarities do not negate the deceptive nature of the trade practice.
Toyota Jidosha Kabushiki Kaisha v.Deepak Mangal & Others
The Delhi High Court set aside an interim ex parte injunction granted to Toyota Jidosha Kabushiki Kaisha against Deepak Mangal & Others. While Toyota argued passing off based on its global reputation and the use of 'PRIUS,' the court found that Toyota had suffered from an unexplained delay in bringing the matter before the court, which was over six years. The court also questioned whether 'PRIUS' was a coined word or merely a common English term, ultimately favoring the defendant due to the balance of convenience.
M/S Fiorano Software Technologies Pvt. Ltd. v.M/S Advanced Micro Devices Inc. (Amd)
The Karnataka High Court disposed of the appeal filed by M/S Fiorano Software Technologies against a trial court order that refused a temporary injunction. The dispute centered on whether AMD's use of 'Fiorano' in its server platform infringed upon Fiorano's registered trademarks, including 'Fiorano SOA Platform.' While the appellant argued for trademark infringement and passing off, the High Court declined to rule on the merits of the appeal, directing the Trial Court to proceed with a full adjudication.
M/S. N.Ranga Rao & Sons v.Koya'S Perfumery Works
The appellant, a leading manufacturer of agarbathies, filed a suit claiming infringement of their registered trade mark 'WOODS' and copyrighted artistic work. The appeal challenged an order directing the respondent to change its trade mark usage. The court dismissed the appeal, finding that 'WOOD' is a publici juris ingredient for agarpathies, and noting differences in color scheme and font between the products.
M/S P.P. Jewellers Pvt. Ltd. v.M/S P.P. Prime Properties & Promoters Pvt. Ltd. / M/S P.P. Buildwell Pvt. Ltd.
The Delhi High Court dismissed appeals filed by P.P. Jewellers Pvt. Ltd., which sought injunctions against competitors for alleged trademark infringement and passing off of the mark "PP". The court noted that while the appellants claimed extensive goodwill associated with their brand, the respondents provided vague or contradictory explanations for using the mark in their respective businesses (real estate/construction). Ultimately, the High Court found no infirmity in the lower court's decision regarding the interim relief sought, allowing the suits to proceed on their merits.
Shabbir Medical Hall v.Mohammed Naseer
Shabbir Medical Hall filed a suit alleging that Mohammed Naseer infringed its registered trademark, 'ISPAHANI TEA,' by using the deceptively similar mark 'FAMILY TEA' along with an imitation color scheme and get up. The plaintiff sought permanent injunctions and damages for this alleged infringement. However, the Madras High Court ultimately dismissed the appeals, confirming a single judge's order that revoked the leave granted to the plaintiff. The court held that the plaint failed to establish any part of the cause of action within its local jurisdiction.
Rajesh Chheda (Prop. Of Sbhubham Plywood) v.Shubham Plywood Park
The Bombay High Court dismissed the plaintiffs' motion for interim relief concerning trademark infringement and passing off. The court found that the registered mark 'SHUBHAM' was not being used in conjunction with the plaintiff's specific logo or on the product itself by the defendant. Furthermore, the judge noted that 'SHUBHAM' is a common word and household term, making it difficult to grant exclusivity against all users of the name. The court emphasized that merely adopting a common shop name is insufficient grounds for an injunction.
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.