India Trademark Cases
3,740 decisions indexed
Page 11 of 125 · 3,740 total
Biswanath Hosiery Mills Ltd v.Micky Metals Ltd And Anr
In this trademark rectification proceeding before the Calcutta High Court, the court noted that the petitioner's advocate-on-record was absent and no representative could furnish instructions. Due to the wastage of judicial time caused by the non-appearance, the court directed Biswanath Hosiery Mills Ltd to pay costs of Rs. 25,000/- to the respondents. The matter has been adjourned for further hearing.
Nitin Maheshwari And Anr v.Patanjali Foods Limited
The Delhi High Court addressed a procedural matter in an ongoing trademark infringement suit filed by Patanjali Foods Limited. The petitioners sought to challenge a previous dismissal order, which was related to their application under Section 151 CPC. Recognizing the core dispute involves trademark rights (infringement and passing off), the court directed that the petition be re-registered as CM(M)-IPD to ensure proper classification within the Intellectual Property Division of the High Court.
Glaxosmithkline Pharmaceuticals Limited v.Chembott Chemicals And Pharmaceutical Private Limited and Anr
The Delhi High Court granted an ad-interim injunction in favor of Glaxosmithkline Pharmaceuticals against Chembott Chemicals. The court found that the plaintiff had made out a strong prima facie case regarding the infringement of its registered trademark, 'COBADEX', by the defendants' mark, 'COZIDEX'. Given the nature of pharmaceutical products and the potential for irreparable harm to both parties and the public, the injunction was granted immediately until the next hearing date.
Urban Money Private Limited v.Registrar Of Trade Marks & Anr.
Urban Money Private Limited appealed a trademark opposition decision before the Delhi High Court, challenging the Registrar's rejection of its 'URBAN MONEY' application. The appellant argued that the opposing party's claim of prior use was unsubstantiated by external evidence. While the case proceeds toward mediation and further arguments, the court granted an interim stay on the impugned order, providing immediate protection to the trademark applicant.
Jyothy Labs Limited v.Gautam Kumar & Anr.
Jyothy Labs Limited successfully secured an interim injunction against Gautam Kumar & Anr. in the Delhi High Court, addressing alleged infringement of its flagship 'MAXO' brand mosquito repellent product. The court recognized that the defendants were manufacturing and selling spying cameras embedded within or bearing deceptively similar marks to the plaintiff's registered products. Consequently, the Defendants were restrained from dealing in these infringing goods and ordered to remove all related listings and advertisements from major e-commerce platforms like Amazon and Flipkart.
Zepto Private Limited & Anr. v.Owner Of Domain Name Zeptonowindia.Com & Ors.
In this trademark infringement suit, Zepto Private Limited sought an interim injunction against domain name holders. The court proceeded with the initial stages of litigation, granting several procedural reliefs to the plaintiffs, including exemption from pre-litigation mediation due to the urgency of the matter. While the core dispute over trademark rights and domain squatting remains pending, the court has set out a detailed schedule for service of summons and filing pleadings.
Jain Shikanji Private Limited v.Satish Kumar Jain
This Delhi High Court order addresses an appeal challenging a prior injunction against the use of the trademark 'Jain Shikanji'. The court found evidence suggesting continued infringement, despite assurances from the appellant. Consequently, the court mandated that Jain Shikanji Private Limited provide detailed affidavits regarding its current branding and bank account usage, while immediately ceasing the use of the disputed mark on digital payment platforms like UPI.
Calvin Klein Trademark Trust v.Ashok Kumar (Unkown)
The Delhi High Court granted several interim reliefs in favor of Calvin Klein Trademark Trust against Ashok Kumar. The court allowed the plaintiff to file additional documents and exempted them from pre-institution mediation due to the urgent nature of the matter. Crucially, the court ordered a local commission to be conducted to inspect and inventory all infringing products bearing deceptively similar marks, thereby strengthening the plaintiff's case for permanent injunction.
M/S Jagran Prakashan Ltd v.Dainik Jagran News Papers Pvt Ltd & Ors
In this trademark dispute, the Delhi High Court addressed multiple applications seeking to bring new parties into the suit. The court dismissed two separate applications for impleadment, finding that the applicants were neither necessary nor proper parties to defend against the use of the impugned mark by Defendant No. 1. Crucially, the court clarified that these dismissals do not prejudice the underlying claims regarding proprietary rights in the 'Dainik Jagran' trademark, which remain sub judice in other proceedings.
Xx And Anr v.Yy
The Delhi High Court registered the suit filed by Xx And Anr against Yy concerning trademark infringement and passing off related to the mark 'HARDWYN'. While a prima facie case was established, the court opted not to grant an immediate ad-interim injunction due to the defendant's existing registration. The court issued notice to the defendant for reply and granted several procedural reliefs to the plaintiffs, including exemption from pre-litigation mediation.
M/S Jagran Prakashan Ltd v.Jagran Infra Projects Pvt Ltd & Ors
In this trademark infringement suit, the Delhi High Court addressed multiple applications seeking impleadment of third parties claiming proprietary rights in 'Dainik Jagran'. The court dismissed these applications, finding them not to be necessary or proper parties to the current dispute concerning Defendant No. 1's use of the mark. However, the court clarified that the applicants' claims regarding their ownership rights will remain sub judice and subject to separate proceedings.
M/S Jagran Prakashan Ltd v.Jagran Entertainment Media Pvt Ltd & Anr
The Delhi High Court addressed multiple applications seeking to bring new parties into the ongoing trademark dispute concerning 'Dainik Jagran'. The court dismissed two separate applications for impleadment, finding that the applicants were neither necessary nor proper parties to the suit. Crucially, the court clarified that this dismissal does not prejudice the rights of these applicants in the trademark, which will be determined in related proceedings. Furthermore, Defendant No. 1 was proceeded against ex-parte.
Mankind Pharma Limited v.The Registrar Of Trade Marks
Mankind Pharma Limited appealed the Registrar of Trade Marks' refusal to register its mark PETKIND in Class 5, citing similarity to a prior application 'PETKIND PHARMA'. The Appellant argued that its extensive goodwill and established 'KIND Family of Marks' should prevail. The Court allowed the appeal, setting aside the rejection order.
Sushil Kumar T/A Da Polo & Anr. v.The Polo/ Lauren Company L.P.
This appeal challenged a lower court's decision that rejected an application to dismiss a suit based on lack of jurisdiction. The respondent, holding registered trademarks like POLO, sued the petitioners (Da Polo) for infringement and passing off related to their use of similar marks online. The Delhi High Court upheld the Commercial Court's order, finding that since both parties were conducting business through interactive websites and e-commerce platforms within the court's jurisdiction, a valid cause of action existed.
Mensa Brand Technologies Private Limited v.Registrar Of Trade Marks
Mensa Brand Technologies Private Limited filed an appeal challenging the Registrar of Trade Marks' refusal to register a trademark application. The core issue revolves around whether a cited mark had been properly assigned to the appellant before the refusal order was issued. The court accepted notice and set procedural timelines for both parties, indicating that the matter is proceeding through the appellate process.
K.Gobinath v.Anugraha Valve Castings Limited
The Madras High Court addressed a Civil Revision Petition challenging the framing of issues in an ongoing trademark infringement suit. The petitioners argued that the court failed to frame an issue regarding the invalidity of the plaintiff's 'Anugraha' trademark registration, which they claimed was based on fraud and common usage. However, the High Court ultimately allowed the petition partly by directing the Commercial Court to frame specific additional issues concerning the validity of the mark.
Cipla Limited v.Union Of India Through Department Of Promotion Of Industry And Internal Trade & Anr
The Delhi High Court ruled in favor of Cipla Limited, directing the Trademark Registry to allow the renewal of its 'TRIEXER' trademark. The core finding was that the Registry failed to serve the mandatory statutory 'O3 notice' required under the Trade Marks Act, 1999. Despite the trademark having lapsed and the petitioner failing to file timely renewals, the court emphasized this procedural lapse by the Respondent, granting Cipla a chance to regularize its mark.
Raaj Unocal Lubricants Limited v.Phillips 66 Company And Anr.
The Calcutta High Court addressed an application seeking the rectification and cancellation of a trademark dispute between Raaj Unocal Lubricants Limited and Phillips 66 Company. The court issued interim directions, requiring both parties to file their respective Affidavits-in-Opposition within three weeks from the judgment date. This procedural step moves the matter forward in the ongoing intellectual property litigation.
Pidilite Industries Ltd. v.Vilas Nemichand Jain
The Bombay High Court allowed Pidilite Industries Ltd. to amend its original suit, which was initially filed for passing off. The plaintiffs sought to introduce claims for trademark infringement after successfully registering their mark during the pendency of the trial. The court ruled that the proviso to Order VI Rule 17 of the CPC would not apply in this case, noting that allowing the amendment would prevent multiplicity of proceedings. This decision allows the suit to evolve and incorporate stronger IP protections.
Dabur India Limited v.Marico Limited & Anr.
The Delhi High Court permitted Dabur India Limited to amend its trademark cancellation petition against Marico Limited. The amendment corrected an inadvertent error where the petitioner had mistakenly stated that their mark was 'deceptively similar' to the respondent's mark, contrary to their actual legal stand. The court allowed the correction, emphasizing that the change did not alter the cause of action or prejudice the respondent, thereby upholding the principle of rectifying clerical errors in pleadings.
Finesse International Design Pvt. Ltd v.Jaspinder Singh Trading As M/S Studio
The Delhi High Court issued an order in Finesse International Design Pvt. Ltd vs Jaspinder Singh Trading As M/S Studio, registering the civil suit and setting out procedural timelines for pleadings. Crucially, the court disposed of the Plaintiff's interim injunction application based on a specific undertaking by the Defendant, who assured the court that they had removed all infringing listings from their social media platforms and would not infringe the trademarks. The matter is now set to proceed towards trial.
Rajkumar Sabu v.Sabu Trade Private Ltd.
The Madras High Court dismissed a writ petition filed by Rajkumar Sabu challenging the acceptance and subsequent advertisement of the trademark 'SACHAMOTI' in favor of Sabu Trade Private Ltd. The petitioner sought to quash the acceptance report, arguing that the application was based on fabricated documents and should not proceed without hearing him. However, the Court found that the petitioner's interlocutory petition lacked statutory basis and noted that he already had a remedy available through lodging an opposition under the Trademark Act.
Bikaner Sweets Corner v.Balaji Corner & Ors.
The Delhi High Court granted an interim injunction in favor of Bikaner Sweets Corner against Balaji Corner & Ors. The court found that the Defendants' adoption of the identical mark 'BIKANER SWEET CORNER' constituted potential infringement and passing off, given the proximity of the outlets and similarity of goods. Furthermore, the Defendants were immediately directed to cease using the impugned signboards and packaging within one week.
Pi Investment Advisory Llp & Anr. v.Registrant Of Premjiex.Com & Ors.
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Pi Investment Advisory LLP against Registrant of Premjiex.Com & Ors. The court granted the plaintiffs exemption from mandatory pre-litigation mediation, citing the need for urgent interim relief. Furthermore, the court allowed the filing of additional documents and formally registered the plaint as a suit, setting out detailed procedural timelines for service and pleadings.
Reckitt Benckiser (India) Private Limited v.Sauss Home Products Private Limited
Reckitt Benckiser (India) Private Limited sought an interim injunction against Sauss Home Products Private Limited, alleging trademark infringement and passing off related to its 'Robin' bird device mark used in FMCG products. The court first dismissed the defendant's challenge regarding territorial jurisdiction, finding that the cause of action arose within Delhi due to sales and online promotion there. Subsequently, the court found a prima facie case for passing off and copyright infringement, granting an interim injunction against the defendant.
Maschio Gaspardo S.P.A. v.Maschio Crop Protection Llp
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Maschio Gaspardo S.P.A. against Maschio Crop Protection Llp, halting the latter's use of the 'MASCHIO' mark and similar variants. The court found that the Plaintiff had established a prima facie case regarding trademark infringement and passing off, given its global reputation and registered rights since 1998. This interim relief is crucial for protecting the brand while the main suit proceeds.
Hero Investcorp Private Limited & Anr. v.M/S Limra Auto Connect
The Delhi High Court granted an ad-interim injunction in favor of Hero Investcorp Private Limited, affirming the strength of its trademark rights over 'HERO' across various products. The court also allowed the plaintiffs to proceed without mandatory pre-litigation mediation and exempted them from serving advance notice on the defendant, M/S Limra Auto Connect. Furthermore, a Local Commissioner was appointed to conduct an inventory of alleged infringing goods, including packaging materials, ensuring the preservation of evidence in this ongoing intellectual property dispute.
Glaxo Group Limited v.Aubade Healthcare Private Limited
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Glaxo Group Limited against Aubade Healthcare Private Limited regarding trademark infringement and passing off. The court found that the Plaintiff had made out a prima facie case, demonstrating a balance of convenience, and noting the likelihood of irreparable harm if the Defendants were not restrained from using similar marks to 'ZENTEL.' This interim order is crucial for protecting the Plaintiff's brand integrity while the main suit proceeds.
Thilakarasu Venkatasamy trading as Grand Catering Company v.Brand Avatar Llp
The Madras High Court dismissed Original Petitions OP(TM)Nos.64 & 65 of 2024 after the parties, Thilakarasu Venkatasamy and Brand Avatar LLP, reached an out-of-court settlement. The petitions sought the removal or rectification of specific trademark entries (Registration Nos. 5795826 and 3843193) in Class 41. Given the amicable resolution between the parties, the court allowed the proceedings to be dismissed without further order on costs.
Maulesh Dayabhai Ukani & Anr. v.Baljit Singh Gandhi
The Delhi High Court addressed several applications in the trademark infringement suit filed by Maulesh Dayabhai Ukani & Anr. against Baljit Singh Gandhi. The court permitted the Plaintiffs to submit additional documentation, while also granting an exemption from mandatory pre-litigation mediation due to the urgency of the matter. Crucially, the court proceeded with interim measures, directing a Local Commission to be executed to inspect and inventory alleged infringing goods bearing the 'SIGNATURE' trademark.
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