India Trademark Cases

2,115 decisions indexed

Page 15 of 71 · 2,115 total

trademark settled · Sep 12, 2024

M/S Khubsons Electronics Llp Through Its Partner Mr. Bharat Khubchandani v.Mr. Gautam Puniani Trading As Yk Enterprises

Delhi High Court - Orders · 37236099

In a case concerning trademark infringement, the Delhi High Court formalized an amicable settlement between M/S Khubsons Electronics Llp (Plaintiff) and Mr. Gautam Puniani Trading As Yk Enterprises (Defendant). The parties agreed that the Defendant infringed upon the Plaintiff's well-known trademarks (TAKAI / HAK), acknowledged their rights, and committed to ceasing all use of similar marks. The court decreed the suit based on these terms, which included the cancellation of the infringing trademark and a payment of liquidated damages.

trademark mixed · Sep 11, 2024

Manish Kumar Jain & Another v.Tushar Saraf & Ors.

Calcutta High Court · 171988105

The Calcutta High Court addressed an appeal challenging a prior interim trademark injunction. The court found that while the initial stay was granted based on prima facie evidence, further material had become available to both parties. Consequently, the appeal was dismissed, but the original interim order restraining the appellants from using the marks 'JJ DELUX' and related forms was extended until September 20, 2024, allowing for a comprehensive review by the trial judge.

trademark mixed · Sep 10, 2024

Ananda Vikatan Publishers (P) Ltd. v.News Tamil 24 x 7 / S Plus Media Ltd.

Madras High Court · 84890512

Ananda Vikatan Publishers challenged an earlier dismissal order by the Commercial Division regarding its request for permanent injunctions against News Tamil 24 x 7 and S Plus Media Ltd. The core dispute involved allegations of passing off a mark ('KAZHUGU') and copyright infringement related to 'MISTER KAZHUGU'. The Madras High Court, while noting that the original order failed to compare the competing marks adequately, opted for a consent order.

trademark mixed · Sep 10, 2024

Havells India Limited & Anr. v.Havai Home Products Pvt. Ltd. & Ors

Delhi High Court - Orders · 14633397

The Delhi High Court has initiated proceedings in the suit concerning the alleged infringement of the 'HAVELLS' trademark. The court allowed several procedural applications filed by Havells India Limited, granting exemptions from pre-litigation mediation and advance service upon the defendants. Furthermore, the court registered the plaint seeking permanent injunctions for trademark infringement, passing off, and copyright violation, while also addressing an application for interim relief based on the plaintiff's well-known mark status.

trademark plaintiff favorable · Sep 9, 2024

Headout Inc. v.Ashok Kumar / John Doe And Ors.

Delhi High Court - Orders · 184609134

Headout Inc. successfully secured an interim injunction against the defendants in the Delhi High Court, addressing claims of trademark infringement and passing off. The court granted a permanent injunction restraining the use of confusingly similar marks related to travel services. Furthermore, specific mandatory directions were issued compelling the defendants to immediately take down, block, and suspend all infringing websites, domain names, and social media profiles.

trademark plaintiff favorable · Sep 6, 2024

SRMB Srijan Private Limited v.Grihashakti Private Limited

Calcutta High Court · 94398759

The Calcutta High Court granted a temporary injunction in favor of SRMB Srijan Private Limited against Grihashakti Private Limited. The court found that the respondent was grossly violating the terms of a franchise agreement by misusing the petitioner's 'SRMB' trademark and brand, logo, and trade dress while manufacturing TMT Steel Bars without adhering to required standards. Given the urgency and apprehension of further misuse, the court restrained the respondent from using the marks or selling related products until November 30, 2024.

trademark plaintiff favorable · Sep 5, 2024

Sagar Ratna Restaurants Pvt Ltd v.Shree Shubh Rathnam Associates And Ors

Delhi High Court - Orders · 70750115

In an amicable settlement reached before the Delhi High Court, Sagar Ratna Restaurants Pvt Ltd secured a decree against Shree Shubh Rathnam Associates. The parties agreed that the defendants would transition their seven existing 'Sagar Express' outlets into franchisees under Sagar Ratna's brand. Crucially, the defendants committed to surrendering the 'Sagar Express' trademark and agreeing not to use any similar names in the future, effectively resolving long-standing trademark infringement disputes.

trademark settled · Sep 5, 2024

SMC NOVA ESTATE PRIVATE LIMITED v.SURYA MARKETING COMPANY

Delhi High Court - Orders · 36112936

The Delhi High Court ordered the settlement of an IP dispute between SMC Nova Estate Private Limited and Surya Marketing Company. The matter specifically concerned the respondent's mark in relation to Tea and Elachi products. As part of the resolution, the petitioner agreed to file documentation showing a proposed change in their packaging and trademark, replacing 'NOVA' with 'SUPERHOVA', before the court.

trademark plaintiff favorable · Sep 3, 2024

The Motor And General Finance Limited v.A.S. Enterprises, Partnership Firm

Delhi High Court - Orders · 111718492

The Delhi High Court granted an interim injunction in favor of The Motor And General Finance Limited against A.S. Enterprises, Partnership Firm regarding trademark infringement. The court found that the defendant's use of 'MGF INDIA' was phonetically and deceptively similar to the plaintiff's established trademark 'MGF'. Given the prima facie case for infringement and the risk of irreparable loss, the court restrained the defendant from using the infringing marks until the final hearing.

trademark mixed · Sep 2, 2024

Mankind Pharma Limited v.Morepen Laboratories Limited

Delhi High Court - Orders · 127862358

The Delhi High Court addressed several procedural applications in the trademark and copyright infringement suit filed by Mankind Pharma against Morepen Laboratories. The court granted exemptions regarding document filing and pre-institution mediation, while proceeding with the main injunction application (I.A. 38001/2024). The plaintiff alleged dishonest adoption of their registered trade dress and copyright for a pregnancy detection strip, leading to claims of infringement and passing off. The defendant countered by arguing that the plaintiff approached the court belatedly.

trademark plaintiff favorable · Aug 29, 2024

Merck Kgaa v.Bharat Patel

Delhi High Court - Orders · 128712162

Merck Kgaa successfully secured an ex parte ad interim injunction against Bharat Patel in the Delhi High Court. The court found that Merck's trademark 'MERCK' is well-known and granted immediate relief, preventing the defendant from using any confusingly similar marks or names. This ruling underscores the strong protection afforded to established, globally recognized trademarks under Indian law.

trademark defendant favorable · Aug 27, 2024

Tractors & Farm Equipment Limited v.Massey Ferguson Corp.

Madras High Court · 153309198

Tractors & Farm Equipment Limited (TAFE) filed a suit against Massey Ferguson Corp. (MFC) seeking declarations regarding trademark abandonment and injunctive relief concerning their respective trademarks. The original Commercial Court returned the plaint, directing TAFE to file it in the Commercial Division of the High Court, citing maintainability issues. TAFE appealed this order, arguing for the jurisdiction of the Commercial Court. However, the Madras High Court upheld the lower court's decision, emphasizing that allowing such suits in the Commercial Court could lead to forum shopping and undermine the philosophy of the Commercial Courts Act.

trademark plaintiff favorable · Aug 22, 2024

Reckitt & Colman (Overseas) Hygiene Home Limited v.Ashok Kumar(S)/ John Doe(S)

Delhi High Court - Orders · 161411042

In a major infringement suit concerning hygiene products, the Delhi High Court granted several procedural reliefs favoring the plaintiffs, Reckitt & Colman. The court allowed the plaintiffs to implead Ashok Kumar and John Doe as defendants and sanctioned an extensive local commission to investigate counterfeiting activities related to brands like HARPIC and LIZOL. Furthermore, the court provided exemptions from pre-institution mediation and advance service, paving the way for swift enforcement of their claims regarding trademark, copyright, design, and passing off infringement.

trademark mixed · Aug 21, 2024

Archidply Industries Limited v.Archit Nuwood Industries Private Limited

Delhi High Court - Orders · 129517982

The Delhi High Court addressed several applications in the trademark infringement suit filed by Archidply Industries Limited against Archit Nuwood Industries Private Limited. While granting minor procedural exemptions and directing the transfer of court fees, the Court primarily focused on moving the main dispute forward. The matter was formally registered as a suit for infringement and passing off under the Trademarks Act, 1999, and subsequently referred to the High Court's Mediation Centre to explore an out-of-court settlement.

trademark mixed · Aug 21, 2024

Akemi Chemisch Technische Spezialfabrik GmbH v.Devki Nandan Malik T/A Delhi Hardware and Engg Works

Delhi High Court - Orders · 66359958

The Delhi High Court issued several orders in the trademark and copyright infringement suit filed by Akemi Chemisch Technische Spezialfabrik GmbH against Devki Nandan Malik. The court granted exemptions to the plaintiff regarding filing documents and pre-institution mediation, while simultaneously allowing urgent interim relief. Crucially, the court authorized a Local Commissioner to conduct an inspection of the defendant's premises, seize counterfeit goods bearing the 'AKEMI' trademark, and examine relevant financial records.

trademark interim order · Aug 19, 2024

Krishna Chandra Dutta (Spice) Pvt Ltd v.Ashok Kumar Anr.

Calcutta High Court · 30314931

Krishna Chandra Dutta (Spice) Pvt Ltd filed a suit seeking perpetual injunction against Ashok Kumar Anr. for infringing their registered trademark 'COOKME'. The plaintiffs alleged that they only discovered the infringement in July 2024, necessitating urgent legal action. The Calcutta High Court granted leave to proceed with the suit under various provisions, including Section 12A of the Commercial Courts Act, allowing the plaint to be admitted subject to departmental scrutiny.

trademark mixed · Aug 14, 2024

Neela Film Productions Private Limited v.Taarakmehtakaooltahchashmah.Com & Ors.

Delhi High Court - Orders · 110364234

The Delhi High Court issued several procedural orders in favor of Neela Film Productions Private Limited (Plaintiff) in its copyright and trademark infringement suit against Taarakmehtakaooltahchashmah.Com & Ors. (Defendants). The court granted exemptions from pre-institution mediation, allowed the plaintiff to serve advance copies on a specific defendant despite lack of contact details, and directed that the plaint be formally registered as a commercial suit. These orders pave the way for the substantive trial concerning the alleged infringement of the popular show 'Taarak Mehta Ka Ooltah Chashmah'.

trademark mixed · Aug 14, 2024

Tanvi Fitness Private Limited v.Mr Jayesh Dilip Mehta & Anr.

Delhi High Court - Orders · 24872926

Tanvi Fitness Private Limited filed multiple applications seeking an injunction against Mr. Jayesh Dilip Mehta and others, alleging that the respondents were communicating with e-commerce platforms to falsely claim infringement of their trademark 'MYFITNESS'. The petitioner argues that the respondents' actions are causing product delisting on major online marketplaces. While the respondent opposes the maintainability of the applications, citing different sections of the Trade Marks Act, the court has ordered notice and set a date for further arguments.

trademark plaintiff favorable · Aug 13, 2024

Himalaya Wellness Company And Ors v.Vlado Sky Enterprise Private Limited

Delhi High Court - Orders · 143295421

The Delhi High Court granted an interim injunction in favor of Himalaya Wellness Company against Vlado Sky Enterprise Private Limited regarding trademark infringement. The court found a prima facie case for passing off, noting that the plaintiffs have established significant goodwill with their 'HIMALAYA' brand since 1930. Consequently, the defendant was restrained from manufacturing or selling products under the deceptively similar mark 'HIMALAYAN ORGANICS', though they were allowed three months to exhaust existing stock.

trademark plaintiff favorable · Aug 9, 2024

Himalaya Global Holdings Ltd & Anr. v.Ms Ab Allcare Herbal & Ors.

Delhi High Court - Orders · 180659794

The Delhi High Court granted crucial interim relief in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Ms Ab Allcare Herbal & Ors. The court allowed the plaintiffs to proceed with seizing alleged infringing products using Local Commissioners. Furthermore, it permitted the commissioners to inspect defendants' books of accounts and stock registers related to the disputed goods. This order significantly advances the plaintiff's case for permanent injunction regarding the 'Liv.52' trademark and Himalaya's distinctive trade dress.

trademark plaintiff favorable · Aug 9, 2024

Madapes Limited v.Madapes Promo Private Limited & Ors.

Delhi High Court - Orders · 81816401

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Madapes Limited against the defendants. The court recognized that the plaintiff's marks ('MADAPES', 'MAD APES') were being used deceptively by the respondents, leading to claims of passing off and copyright infringement over logos and content. Furthermore, the court directed specific actions, including blocking fraudulent Telegram accounts and taking down an incorrectly registered website, to protect the plaintiff's brand integrity.

trademark defendant favorable · Aug 8, 2024

Madhu Food Products v.Surya Processed Food Pvt. Ltd.

Delhi High Court · 189328350

The Delhi High Court dismissed the appeal filed by Madhu Food Products, upholding the Commercial Court's initial order favoring Surya Processed Food Pvt. Ltd. The dispute centered on alleged trademark infringement and passing off concerning food products under the marks 'HUNK' and 'HUNT'. The court found prima facie evidence that the appellant copied the respondent's distinctive trade dress and packaging, concluding that the use of 'HUNT' was intended to take advantage of the respondent's established goodwill. This judgment reinforces the importance of protecting brand identity through both trademark registration and distinct visual presentation.

trademark mixed · Aug 8, 2024

Pernod Ricard India Private Limited v.Accord Distillers And Brewers Pvt Ltd

Delhi High Court - Orders · 34090178

In a trademark dispute concerning the brand 'BLENDERS PRIDE', the Delhi High Court allowed Pernod Ricard India Private Limited to introduce supplementary documentation. The petitioner sought these documents to rebut the respondent's denial regarding the well-known status and earlier adoption of their trademark. This interim order facilitates the ongoing litigation, allowing both parties to present a more complete factual record before the court.

trademark plaintiff favorable · Aug 7, 2024

Play Games 24X7 Private Limited v.Www10Xbettcom & Ors.

Delhi High Court - Orders · 167973149

The Delhi High Court allowed the plaintiff's application to implead additional infringing websites, domains, and their registrars in a suit concerning trademark infringement. Furthermore, the court extended the existing ad-interim injunction to these newly added defendants. The order imposes strict restraints on the new parties, prohibiting them from using the 'MY11CIRCLE' mark or similar names, while also directing domain name registrars to suspend/block infringing domains and disclose subscriber information.

trademark mixed · Aug 7, 2024

Hell Energy Magyarorszag Kft v.Vishnu Enterprises & Ors.

Delhi High Court - Orders · 7622182

In a significant ruling concerning intellectual property rights, the Delhi High Court addressed several interlocutory applications in favor of Hell Energy Magyarorszag Kft. The court granted exemptions regarding document filing and pre-litigation mediation, while crucially allowing the plaintiff to proceed with urgent interim relief. Specifically, the court authorized search and seizure operations through Local Commissioners to protect the registered trademarks and copyrights associated with the 'HELL' brand, paving the way for robust enforcement against alleged infringers.

trademark mixed · Aug 6, 2024

M/S G.K. Tobacco Industries Pvt. Ltd. v.M/S Aum Universal Inc. & Anr.

Delhi High Court - Orders · 7007819

The Delhi High Court permitted M/S G.K. Tobacco Industries Pvt. Ltd. to amend its plaint in a suit concerning trademark and passing off infringement. The amendment was sought because a previously pending trademark application (Z GOLD) had subsequently been granted registration by the Registrar of Trademarks. Both parties consented to the change, allowing the plaintiff to incorporate this new registered right into the ongoing litigation.

trademark mixed · Aug 5, 2024

Sun Pharmaceutical Industries Ltd. v.M/S. Orison Pharmaceuticals

Delhi High Court - Orders · 157163459

The Delhi High Court addressed a suit filed by Sun Pharmaceutical Industries Ltd. against M/S. Orison Pharmaceuticals concerning alleged trademark infringement and passing off of marks like 'REVITAL' and 'CEROXIM'. Despite the plaintiff alleging deceptive similarity in the defendant's marks ('ORIVITAL' and 'OXIM'), both parties expressed interest in exploring a settlement. Consequently, the Court referred the matter to the Delhi High Court Mediation and Conciliation Centre for resolution.

trademark plaintiff favorable · Aug 5, 2024

M/S. Ganesh Gouri Industries And Ors v.R. C. Plasto Tanks And Pipes Pvt. Ltd.

Delhi High Court · 28682721

The Delhi High Court set aside an earlier Commercial Court order that had restrained M/S. Ganesh Gouri Industries (Appellants) from using its trademark and trade dress, 'AQUA PLAST'. The court found that the trial court erred in concluding that the competing marks were deceptively similar merely by comparing parts of the devices. Instead, the High Court emphasized that a comprehensive review of the overall commercial impression of the marks is necessary when assessing infringement, thereby favoring Ganesh Gouri's right to use its label.

trademark mixed · Aug 1, 2024

L&T Valves Limited v.M/S Isteel

Delhi High Court - Orders · 181023023

In a suit concerning trademark infringement, L&T Valves Limited successfully secured several interim reliefs from the Delhi High Court. The court granted exemptions regarding pre-litigation mediation and advance service, allowing the plaintiff to proceed urgently. Crucially, the court passed an order for ex-parte ad-interim injunction, directing the appointment of a Local Commissioner to seize infringing material and inspect relevant documents, thereby providing immediate protection against alleged trademark misuse.

trademark plaintiff favorable · Aug 1, 2024

Grm Foodkraft Pvt Ltd And Anr v.Ks Agro Impex And Anr

Delhi High Court - Orders · 15085528

The Delhi High Court granted an ex-parte ad interim injunction in favor of Grm Foodkraft Pvt Ltd against Ks Agro Impex. The court found that the defendant's use of a nearly identical packaging and mark ('ZARDA SPECIAL') created a significant likelihood of consumer confusion with the plaintiff's 'Zarda King' product. This ruling protects the plaintiff's trade dress, which was deemed both an original trade dress under the Trade Marks Act and an original artistic work under the Copyright Act.

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