India Trademark Cases
3,740 decisions indexed
Page 16 of 125 · 3,740 total
Krish-V Facility Management Services Private Limited v.Krishvi Projects Private Limited
In a significant commercial appeal concerning trademark infringement and passing off, the Karnataka High Court overturned an earlier dismissal by the Trial Court. Krish-V Facility Management Services successfully argued that procedural errors led to them being placed ex-parte in the original suit filed by Krishvi Projects Private Limited. The High Court set aside the adverse order, allowing both parties a chance to present their full pleadings and evidence on the merits of the trademark dispute, while crucially maintaining the existing temporary injunction.
Sun Pharmaceutical Industries Limited v.K.Venkateshwara Rao
Sun Pharmaceutical Industries Limited sought the rectification and removal of a trademark registration ('NICSON PHARMA') held by K.Venkateshwara Rao, arguing that it was deceptively similar to its own established mark 'SUN PHARMA'. The Madras High Court ultimately dismissed the petition. The court found that when comparing the two marks as a whole, there was no likelihood of confusion or deception among the average consumer, thereby upholding the validity of the rival registration.
Fena Private Limited v.Bajranglal Rathi Trading As M/S. Maheshwari Soap Industries and Ors
The Calcutta High Court addressed a trademark dispute brought by Fena Private Limited against Bajranglal Rathi Trading. The court noted that prima facie, the impugned registration appears to infringe upon the appellant's rights. Furthermore, the court observed evidence suggesting a clear case of non-use regarding the respondent's mark, which was not disputed at the hearing. Consequently, the matter has been adjourned for further arguments and submissions.
M/S. Nichino Private Limited v.The Registrar of Trademarks
The Madras High Court overturned the Trademark Registry's refusal to register the word mark 'METAMORPH' in Class 5 (pesticides/herbicides). The court found that the Registrar erred by assuming prior long-term use of a cited mark, especially since that application was initially filed on a 'proposed to be used' basis. The judgment mandates the Registry to re-examine the case, considering the appellant's claims regarding non-similarity and potential entitlement under Section 12 of the Trademarks Act.
M/s. Dr.J.R.K's Research and Pharmaceuticals Private Limited v.The Registrar of Trademarks
The Madras High Court ruled in favor of M/s. Dr.J.R.K's Research and Pharmaceuticals Private Limited, directing the Registrar of Trademarks to accept and process a renewal application for the mark 'NATURE'S WEALTH RESTORES HEALTH.' The court held that as long as the trade mark has not been formally removed from the register, the proprietor is entitled to seek renewal, setting aside the rejection order issued by the Registry. This decision provides crucial protection against administrative hurdles preventing legitimate trademark renewals.
Moneywise Finvest Limited v.Ksn Credence Commodities Trading Private Limited
Moneywise Finvest Limited filed a trademark infringement suit against Ksn Credence Commodities Trading Private Limited regarding the use of similar marks ('STOXKART' vs 'STOCKART') in the financial services sector. While the plaintiff initially sought an urgent ex-parte injunction due to delisting from Google Play, the court noted that this issue had been resolved by the plaintiff's appeal. The court subsequently allowed various procedural applications and scheduled the matter for further consideration, allowing the suit to proceed.
Vaibhav Agarwal v.Prabhakar Kumar & Ors.
Vaibhav Agarwal, claiming ownership of the 'Haldiram' trademark, challenged the actions of the Resolution Professional (RP) regarding the Corporate Debtor, Haldiram Fincap Pvt. Ltd., citing potential IP infringement. The RP argued that the name was inherent to the corporate debtor and that Form G could not be withdrawn under the Insolvency and Bankruptcy Code. Recognizing the dispute's complexity, the Delhi High Court opted to refer the matter for mediation, encouraging an amicable resolution between the parties.
The Sun Products v.The Controller, Office of Controller General of Patents, Designs & Trade Marks
The Sun Products filed a Writ Petition seeking a direction to the Controller and Assistant Registrar of Trade Marks to reject the application for registration of the trade mark 'Alagumayil' by Sri Hari Agency, citing similarity with the petitioner's existing trade mark 'Mayiil Oma Water'. The court disposed of the petition by directing the official respondents to consider the objection and conduct an enquiry within eight weeks.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration. However, the court noted that the petitioner failed to disclose a material disclaimer in its registration certificate, which limited exclusive use of the device 'Swastik'. Consequently, the application was dismissed as an abuse of process.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration and obtaining copyright protection. However, the court found that the petitioner had suppressed a material fact—a disclaimer in its own registration certificate limiting exclusive use. Consequently, the application was dismissed as an abuse of process.
Upgrid Solutions Pvt. Ltd. v.Vikas Pal And Anr.
In a trademark infringement suit filed in the Delhi High Court, Upgrid Solutions Pvt. Ltd. sought various reliefs, including permanent injunctions and damages against Vikas Pal and others. The court addressed several interlocutory applications related to the case's progression. Crucially, the court granted the Plaintiff liberty to file necessary additional documents within three weeks, allowing the litigation process to move forward while addressing procedural requirements.
Hamdard National Foundation (India) v.Klm Pharma Seema Aggarwal Proprietor
The plaintiffs, part of the Hamdard Group, sued KLM Pharma for infringing their well-known Unani medicine trademark 'SAFI' and its associated trade dress. The defendant was found to be using a deceptively similar mark, 'SAIFI,' for identical goods (blood purifier).
Anil Jain v.Rajan Bhutani
The plaintiff, trading as Mahavira Tractors, filed a suit seeking permanent injunctions against the defendant for trademark infringement and passing off related to 'REAL DIAMOND' (registered mark) versus 'STAR DIAMONDS' (defendant's mark) used for Mechanical Seals. The court found that the marks were not deceptively similar and the plaintiff failed to prove any damages, leading to the dismissal of the suit.
Astral Limited v.Mahavir Electric And Hardware Stores
Astral Limited filed a suit against Mahavir Electric & Hardware Stores and Vikram Traders for infringement and passing off related to its well-known trademark 'ASTRAL'. The court found that the defendants were adopting and using an identical trademark on counterfeit pipes and fittings, violating Astral's exclusive rights.
Montblanc Simplo Gmbh v.Montblancindia.Com & Ors.
The Delhi High Court addressed ongoing trademark infringement issues concerning Montblanc's brand. While the court previously extended an interim injunction to prevent the use of a newly identified fraudulent domain, it ultimately de-reserved the final judgments in the core suit. This indicates that while immediate injunctive relief is maintained against new infringers, the matter will proceed towards a full trial to determine damages and resolve the main claims.
Cipla Limited v.Union Of India & Ors.
The Delhi High Court issued an order in the dispute between Cipla Limited and the Union of India regarding a trademark application. Recognizing issues with traceability of previous notices, the court allowed Cipla to proceed by granting permission to file applications for the restoration and renewal of Trademark Application No. 1694972 within two weeks. The petitioner was also directed to complete necessary procedural filings within four weeks, effectively allowing the matter to move forward.
Mittal Electronrcs v.Shashi Kant Garg & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Mittal Electronrcs against Shashi Kant Garg & Ors. The court found that the defendants were using the identical registered trademark 'SUJATA' for allied and cognate goods, thereby infringing upon the plaintiff's established goodwill and reputation. Given the likelihood of consumer confusion and the irreparable loss to the plaintiff, the court restrained the defendants from using the mark until the final hearing.
Master Capital Services Limited & Anr. v.John Doe & Ors.
The Delhi High Court granted crucial interim relief in favor of Master Capital Services Limited regarding the misuse of its 'Master Trust' trademark. The court recognized that unidentified individuals were using the brand name on messaging platforms like WhatsApp for fraudulent investment schemes. Consequently, the court issued directions to block specific WhatsApp accounts and permanently freeze bank accounts linked to the alleged infringers, safeguarding the plaintiff's goodwill and reputation.
Malti Gupta v.Sunil Kumar Seth & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Malti Gupta against Sunil Kumar Seth & Anr. The court found a prima facie case existed regarding the infringement of the registered wordmark 'ROJGAR RESULT' and associated device mark. The defendants were immediately restrained from using the plaintiff's trademark on their competing websites, www.sarkariexam.com and www.sarkariresult.com, and were ordered to delete all infringing content.
Kickstarter, Pbc v.Kickstarter Private Limited And Anr.
The Delhi High Court granted an interim permanent injunction in favor of Kickstarter, Pbc, against Kickstarter Private Limited. The court found a prima facie case for infringement, noting that the defendant obtained registration of the identical mark 'KICKSTARTER' potentially in a dishonest manner. Given the irreparable harm to the plaintiff and the likelihood of market confusion, the defendants were immediately restrained from using the disputed trademark across all platforms.
M/S Mishu Enterprises v.M/S Nakshatra 13
The plaintiff, M/S Mishu Enterprises, owns and uses the distinctive mark 'MACHHMANI' for selling sea stones and related jewellery. The plaintiff filed a suit against the defendant, M/S Nakshatra 13, alleging unauthorized use of the same mark to deceive the public. The court found in favor of the plaintiff, granting permanent injunctions.
BPTP Limited v.Confido Landbase Private Limited & Ors.
The Delhi High Court granted an interim injunction in favor of BPTP Limited against Confido Landbase Private Limited & Ors. The court found that the defendants were unauthorizedly using the plaintiff's registered trademark 'BPTP' to promote a non-existent project, causing potential market confusion and irreparable harm. Consequently, the defendants were restrained from advertising or dealing in services under the disputed marks and directed to immediately take down all infringing online content.
Mankind Agritech Private Limited v.Registrar Of Trade Marks
Mankind Agritech Private Limited filed an appeal challenging the refusal of registration for its trademark application no. 5617624 in Class 1. The Delhi High Court issued a procedural order, setting out the timeline and requirements for both parties to proceed with the appeal. This interim step allows the appellant to challenge the Registrar's decision regarding the trademark refusal.
More Retail Private Limited v.Begud Beverages Private Limited & Anr.
The Delhi High Court allowed a petition filed by More Retail Private Limited seeking the cancellation of a specific trademark registration held by Begud Beverages Private Limited. This decision was reached following a settlement agreement between the parties, which stipulated the cancellation as part of the compromise of the underlying commercial suit. The court directed the Trade Mark Registry to proceed with the revocation.
Glaxosmithkline Pharmaceuticals Limited v.Varav Biogenesis Private Limited And Ors
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Glaxosmithkline Pharmaceuticals against Varav Biogenesis Private Limited. The court permitted the plaintiff to file additional documents, including sales figures for its 'COBADEX' mark, in a sealed cover. Crucially, the court also initiated proceedings regarding the core dispute, noting that the plaintiff alleges the defendants are using the deceptively similar mark 'CODODEX' for medicinal products, seeking permanent injunction against trademark infringement and passing off.
Anuj Bindal Messrs Aggarwal Rice And Oil Mills v.Union Of India & Anr.
The Delhi High Court initiated proceedings in a rectification petition filed by Anuj Bindal Messrs Aggarwal Rice And Oil Mills. The petitioner sought the removal of the registered trademark 'DOUBLE KABOOTAR BRAND' (Registration No. 5574981) from the Trade Marks Register, which was held by respondent no.2. The court accepted notice on behalf of one respondent and directed that formal notices be issued to all parties, setting a timeline for filing replies and rejoinders before listing the matter for further hearing.
Selle Royal Group S.P.A. v.Ace Footmark (P) Ltd And Anr
The Delhi High Court ruled in favor of Selle Royal Group S.P.A., directing the cancellation of the respondent's trademark, FIZIFREAK. The court found that FIZIFREAK was confusingly similar to the petitioner's established and well-known trademarks, fi'zi:k and FREE:K. Given the identical goods (footwear) and the clear attempt by the respondent to exploit the petitioner's goodwill, the registration of FIZIFREAK was deemed invalid.
Crompton Greaves Consumer Electricals Limited v.Bali Ram Trading As Bali Kitchenware Industries and Anr.
The Delhi High Court allowed Crompton Greaves Consumer Electricals Limited's application to rectify and remove the trademark 'CROMPTON' registered by Bali Ram Trading. The court found that Crompton Greaves was the prior adopter, user, and well-known proprietor of the mark in Class 21 since 1943. Given the identical nature of the marks and the respondent's failure to contest the claims, the court ruled that the registration was contrary to the TM Act and liable for cancellation.
Rashi Santoshi Soni & Anr. v.Prince Enterprises Through Its Proprietor Mr. Niraj Nirottamsingh Chavhan
In a trademark infringement dispute, the Delhi High Court issued an interim order allowing the defendant (Prince Enterprises) to de-seal the premises and access materials. The court permitted the removal of non-infringing goods while mandating that infringing products bearing the 'SURYA/SURYA GOLD PLUS' mark be kept separate under the supervision of the plaintiffs' representative. Furthermore, the court set a date for the vacation of an earlier ex-parte injunction order, indicating the matter will proceed to further hearings.
Glaxo Group Limited And Anr. v.Dinesh Sirvi And Ors
In a trademark infringement suit concerning pharmaceutical products 'Augsomention' and 'Sheoical-nx CCM,' the Delhi High Court issued several orders. The court exempted the plaintiffs from pre-litigation mediation while granting them liberty to file confidential sales documents in sealed cover for protection. Crucially, after both parties agreed to refer their dispute to mandatory mediation, the court granted an interim injunction restraining the defendants from using the disputed marks until a settlement is reached.
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