India Trademark Cases
3,740 decisions indexed
Page 15 of 125 · 3,740 total
Pankaj Yadav v.Union Of India And 2 Others
The Allahabad High Court dismissed a writ petition filed by Pankaj Yadav against the Union of India and others. The petitioner sought intervention regarding alleged violations of the Trade Marks Act, 1999, by a third respondent manufacturing a similar product. However, the court found that the petitioner lacked an individual grievance or public interest standing to invoke its extraordinary jurisdiction, leading to the petition's dismissal.
Moti Mahal Delux Management Services Pvt Ltd v.M/S. Soni Hospitality Services & Anr.
The Delhi High Court decreed a trademark infringement suit between Moti Mahal Delux Management Services and Soni Hospitality Services based on an amicable settlement. The defendant acknowledged the plaintiff's registered trademarks ('Moti Mahal', 'Tandoori Trail') and agreed to cease all use of confusingly similar marks, hand over promotional materials, and adhere strictly to the terms of a new franchise agreement. This judgment highlights how parties can resolve complex IP disputes through negotiated settlements.
Pawan Kumar Mittal Proprietor, Salasar Dev Basmati House v.Vijay Gupta & Ors.
The Delhi High Court overturned a District Judge's refusal to grant an ex parte ad interim injunction in a trademark infringement case. The court held that the lower court failed to provide any reasoning for its disinclination, which is legally unsustainable when addressing such urgent relief. Citing precedent regarding passing off and infringement, the High Court emphasized the necessity of immediate action, including appointing a Local Commissioner, if a prima facie case exists.
Reliance Retail Limited v.Ashok Kumar & Ors.
The Delhi High Court allowed Reliance Retail Limited to proceed with its trademark infringement suit against Ashok Kumar & Ors. The court granted several procedural exemptions, including waiving mandatory pre-litigation mediation due to the matter involving mass consumer deception and financial fraud. Furthermore, the plaintiff was exempted from advanced service upon certain defendants, allowing the main suit concerning trademark rights (Tira) to be formally registered and proceed.
Chet Chamnitiravanich v.Organovedics Through Its Partners Ms. Sonia and Mr. Nitin Gangadhar and Ors
In a significant ruling concerning trademark infringement, the Delhi High Court granted crucial interim relief to the plaintiff, Chet Chamnitiravanich. The court allowed the appointment of Local Commissioners to conduct an inventory and seize counterfeit 'MENA' soap products being manufactured and exported by the defendants. Furthermore, recognizing the urgency of stopping counterfeiting, the court exempted the plaintiff from mandatory advance service requirements against key defendants.
Reliance Industries Ltd. v.Rivpe Technology Pvt. Ltd.
The Bombay High Court ordered the continuation of litigation between Reliance Industries Ltd. and Rivpe Technology Pvt. Ltd., but only on a conditional basis. The parties had reached a settlement understanding requiring the defendant to cease using the trademark RIO or similar marks in relation to specific businesses by December 29, 2025. The court agreed to keep the suit in abeyance until January 5, 2026, allowing time for compliance with these terms. If the defendant complies, the plaintiff will withdraw the suit; otherwise, they remain free to pursue legal action.
M/S Swagath v.Dhanturi Hari Shankar & Anr.
The Delhi High Court addressed two matters in this order. First, the petitioner was permitted to file additional documents under the Commercial Courts Act, 2015. Second, the court initiated proceedings regarding a petition seeking the cancellation of the trademark 'SWAGATH' (Registration No. 2037599). Notice has been issued to the respondents, who are required to file their replies within six weeks, setting the stage for further litigation on the core issue of trademark validity.
Staar Surgical Company v.Jagrat Natvar Dave Trading As Polymer Technologies International & Anr.
The Gujarat High Court dismissed a rectification application filed by Staar Surgical Company against the trademark 'IPC L' under No. 2511431. The court noted that despite multiple attempts by the Registry to serve notice, the applicant failed to appear or ensure proper service of process. Consequently, the application was disposed of for want of prosecution, though the petitioner retains the liberty to revive the case if difficulties are overcome.
Dabur India Limited v.Patanjali Ayurved Limited And Anr.
Dabur India Limited filed a suit seeking permanent and mandatory injunction, alleging that Patanjali Ayurved Limited disparaged Dabur Chyawanprash and the entire market class through its advertisements (TVC and Print Advertisements) for 'Patanjali Special Chyawanprash'. The court heard interim applications regarding these ads.
Bhalla Sports Pvt Ltd. v.Ashutosh Bhalla M/S Vinex Enterprises Pvt. Ltd. & Anr.
The Delhi High Court allowed a rectification petition filed by Bhalla Sports Pvt Ltd. against Ashutosh Bhalla M/S Vinex Enterprises, directing the cancellation of an infringing trademark registration. The court found that the petitioner was the 'prior user' of the mark 'SOFT TOUCH' since 2001, which predated the respondent's application and use claims. Given the identical nature of the goods (sports goods) and the deceptive similarity of the marks, the court ruled that the subsequent registration was invalid and must be removed from the register.
Network 18 Media And Investments Ltd v.Tv Today Network Ltd. & Anr.
The Delhi High Court disposed of trademark cancellation petitions filed by Network 18 Media against Tv Today Network Ltd. and others. The resolution was reached through a comprehensive Settlement Agreement signed between the petitioner and Respondent No. 1 on July 1, 2025. Both parties confirmed their adherence to the terms of this agreement, leading the Court to close the proceedings without further litigation.
M/S Avriva Solutions & Ors. v.Avriva Skintech Private Limited & Ors.
The Gujarat High Court dismissed petitions filed by defendants against the trial court's orders in a trademark infringement suit. The court upheld the grant of an interim injunction, finding that the defendants were actively infringing the plaintiff's 'AVRIVA' trademark. Furthermore, the court rejected the defendant's attempt to have the plaint rejected on procedural grounds related to directorial authority, confirming the validity of the suit.
Sahil Sachdeva & Anr. v.Ayush Dhingra & Ors.
The Delhi High Court issued a significant interim order in the trademark infringement suit, granting plaintiffs several procedural exemptions crucial for urgent relief. Notably, the court exempted the plaintiffs from providing advance service to defendants, recognizing the risk that defendants might destroy evidence. Furthermore, the court appointed a Local Commissioner with broad powers to inventory and seize infringing products and inspect relevant books of accounts, setting the stage for immediate enforcement against alleged trademark infringers.
New Balance Athletics Inc. v.Sunil Gupta
New Balance Athletics Inc. successfully secured several critical preliminary orders in its suit against Sunil Gupta regarding trademark infringement. The Delhi High Court granted the plaintiff exemption from pre-litigation mediation and advance service, allowing immediate legal action. Crucially, the court passed an interim injunction restraining the defendant from using deceptively similar marks like 'NEW BLANCO' and 'BALANCE'. Furthermore, the court authorized a Local Commissioner to conduct search and seizure of evidence and counterfeit products at the defendant's premises.
M/S Crocs Inc Usa v.M/S Bata India & Ors
This Delhi High Court judgment addresses multiple appeals filed by Crocs Inc USA against various footwear manufacturers, including Bata India. The core issue revolved around the maintainability of Crocs' suits for passing off, which had previously been dismissed by a Single Judge. The court found that dismissing the suits outright was an error, as the claim for passing off extends beyond merely copying a registered design and requires factual examination.
VIP Industries Ltd v.Carlton Shoes Ltd & Anr.
The Delhi High Court affirmed the Single Judge's decision granting an interim injunction to Carlton Shoes Ltd. against Vip Industries Ltd. The core issue revolved around whether Vip's adoption of the 'CARLTON' mark for travel luggage constituted passing off, despite both parties possessing registrations in Class 18. The court found that VIP undertook the risk by adopting a non-ordinary word mark without sufficient prior knowledge of Carlton's established use and goodwill, thus upholding the injunction.
Ms Jagat Agro Commodities P Ltd v.Union Of India & Ors.
The Delhi High Court ruled in favor of Ms Jagat Agro Commodities P Ltd, directing the respondents (Union of India) to renew and restore its registered trademark 'JAGAT(DEVICE)'. The court found that the mandatory statutory notice (Form O-3) regarding the approaching expiry was not properly issued or served on the petitioner, thereby upholding the principle of natural justice. This decision emphasizes that a trademark proprietor should not be penalized for procedural lapses by the Registry.
YKK Corporation v.Kalpesh Kumar Gowanl
YKK Corporation successfully petitioned the Madras High Court to remove a conflicting trademark entry, '4 KK', registered under Kalpesh Kumar Gowanl. The court disposed of the Original Petition by directing the Registrar of Trade Marks to cancel the specified registration within 30 days. This ruling reinforces the rights of established brand owners against potentially confusing or infringing marks.
products and ideas india pvt ltd v.nilkamal limited
M/S Products And Ideas (India) Pvt. Ltd. sued Nilkamal Limited and others for trademark infringement, alleging unauthorized use of the 'STELLA' mark on induction cooktops, despite having a license to use 'STELLADEXIN'. The plaintiff claimed prior registration and significant sales under the 'STELLADEXIN' mark.
Chandan Sadija & Vikas Nahlani v.Neeraj Jewellery & Nishant Gupta
The Chhattisgarh High Court dismissed a writ petition challenging the Commercial Court's jurisdiction in a trademark infringement and passing off suit. The petitioners argued that the court lacked territorial and pecuniary jurisdiction, as the original trademark originated outside Chhattisgarh. However, the High Court upheld the lower court's finding, noting that the defendants were operating within Chhattisgarh and that the plaintiffs had properly pleaded their cause of action and valued the suit above the required threshold for commercial court jurisdiction.
Avient Switzerland Gmbh v.Treadfast Ventures & Anr.
The Delhi High Court allowed the appeal filed by Avient Switzerland Gmbh, setting aside the previous rejection of its trademark application 'RENOL'. The court found that the original Trade Marks Registry failed to holistically consider all evidence presented by the appellant during the opposition proceedings. Consequently, the matter has been remanded back to the Registrar for fresh adjudication on merits, allowing the applicant a second chance to prove their claim.
Major League Baseball Properties Inc v.Manish Vijay & Ors.
Major League Baseball Properties Inc successfully petitioned for the rectification (cancellation) of the trademark 'BLUE-JAY' registered in favor of Manish Vijay & Ors. The court recognized that MLB is the prior adopter and user of the mark, having used it since 1976 globally. Despite procedural hurdles regarding previous opposition attempts, the Delhi High Court ruled that the similarity between the marks constituted an attempt to ride upon MLB's established goodwill, thereby directing the Registrar to cancel the infringing registration.
M/s. The Sen Knitting Company v.K.S.Shenthil Kumar & The Registrar of Trademarks
The Madras High Court allowed an Original Petition filed by M/s. The Sen Knitting Company seeking rectification of a trademark registration. The court found that the impugned mark was deceptively similar to the petitioner's prior registered mark, 'SEN SPIN,' and was used for identical goods (garments). Given the petitioner's established history as the prior adopter and user, the court directed the Registrar of Trademarks to expunge the conflicting entry.
M/s Media Monks Multimedia Holding B.V. v.M/s Pachala Murali Krishna
This Madras High Court case involves multiple rectification petitions filed by M/s Media Monks Multimedia Holding B.V. against the registration of several 'MEDIA MONK' trademarks held by M/s Pachala Murali Krishna. The petitioner seeks to remove these marks, asserting its global reputation and prior use since 2001. Conversely, the respondent claims he coined and used the mark honestly in January 2009, preceding the petitioner's Indian application. The court has framed several key issues, including deceptive similarity, bad faith, and priority of adoption.
M/s.Purva Metal Sections Pvt. Ltd. v.The Registrar of Trade Marks
The Madras High Court intervened in a matter concerning the delay in processing an opposition petition against a trade mark application. M/s. Purva Metal Sections Pvt. Ltd. sought judicial intervention to expedite the disposal of Opposition No. 1176324 related to Trade Mark Application No. 4853565. The Court, noting the prolonged delay despite complete pleadings, issued a directive mandating the Registrar of Trade Marks to resolve the matter within three months, ensuring both parties receive adequate opportunity to be heard.
N.C. Mahamood v.The Registrar Of Trademarks, Chennai
The Kerala High Court intervened in a long-pending trademark application dispute, directing the Registrar of Trademarks to expedite the process. The petitioner argued that six years had passed since filing without a final decision, despite an opposition being filed. The court ruled that such excessive delay in statutory proceedings cannot be excused by citing seniority or requiring special fees for expedited processing, compelling the authorities to act swiftly.
Kausal Goyal And & Ors. v.Awadh Oils Private Limited Through Its Director Shri Awadh Goyal
The Delhi High Court stayed an adverse ex-parte interim injunction against Kausal Goyal and others in a trademark dispute involving the mark 'Kala Ghoda'. The court found that the Appellants had established a prima facie case, particularly citing a family settlement agreement and long-standing use of the trademark. This decision allows the parties to proceed with a full hearing, preventing immediate prejudice to the appellants.
Hindustan Unilever Limited v.Rspl Limited
Hindustan Unilever Limited (HUL) sought an interim injunction against Rspl Limited over disparaging advertisements for its 'Ghadi' detergent, claiming the ads tarnished HUL's flagship product, 'Surf Excel.' The Delhi High Court found that while comparative advertising is permissible, derogatory and defamatory remarks are not. Consequently, the court issued a prima facie order directing Rspl to remove specific phrases—such as 'Na Na, yeh dhoka hai' and 'Aapka kare badi badi baatein, dho nahi patey'—from its commercials before they can be broadcast.
Mr.Sampath G.V. v.The Registrar of Trademarks
The Madras High Court ruled in favor of Mr. Sampath G.V., allowing him to renew his trademark 'THE VELLORE KITCHEN DEVICE' despite alleged failures in notification by the Registrar of Trademarks. The court held that since the mark had not been formally removed from the register, the petitioner was entitled to renewal subject to fees. Consequently, the Registrar was directed to facilitate the renewal process within 30 days.
R.V.Vinoth Kumar v.M/s.Kallal Hospitalities Private Limited; The Registrar of Trademarks
The Madras High Court intervened in a trademark dispute concerning 'MANJAL RESTAURANT' by directing the Registrar of Trademarks to expedite proceedings. The petitioner, R.V.Vinoth Kumar, sought judicial intervention due to the prolonged delay in disposing of Opposition No.1350081 and Trade Mark Application No.5982440. The Court allowed the writ petition, mandating that the Registrar dispose of both matters within three months from the date of the order.
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