India Trademark Cases
3,667 decisions indexed
Page 17 of 123 · 3,667 total
Montblanc-Simplo Gmbh v.Ms. Jasmin Chandrakant Vora & Ors.
In this trademark infringement suit, Montblanc-Simplo Gmbh sought permanent injunctions and damages against the defendants for using its registered trademarks and devices. The court noted the parties' initial request for exemption from mediation but ultimately referred them to pre-litigation mediation. Subsequently, the defendants assured the court that they would withdraw infringing products from e-commerce sites within a week and were granted time to file an undertaking confirming their non-infringement intentions.
Castrol Limited And Anr v.Darshan Rajkumar Gurnani And Ors
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Castrol Limited against Darshan Rajkumar Gurnani. The court granted several procedural exemptions to the plaintiffs, including exemption from pre-litigation mediation and advance service notice, citing the need for immediate action regarding search and seizure of counterfeit goods. Crucially, the Court allowed the appointment of a Local Commissioner with extensive powers to seize infringing products, examine accounts, and gather evidence at the defendants' premises, setting the stage for robust litigation.
Luxottica Group S.P.A. v.Azad Optical Co. India & Ors.
The Delhi High Court issued a series of orders in favor of Luxottica Group S.P.A., which is seeking relief against counterfeiters selling 'RAY-BAN' products. The court granted the plaintiff exemptions from pre-litigation mediation and advance service, while also allowing the filing of additional documents and deficit court fees. Crucially, the court allowed an ad interim injunction, permitting a Local Commissioner to conduct search and seizure operations at the defendants' premises, including assistance from local police, to curb large-scale trademark infringement.
Ashok Kumar Bhatia Trading As Kanika Impetus v.Kamal Raheja Trading As Amaira Herbals
The Delhi High Court issued an interim stay on a Commercial Court's order that had made an ad-interim injunction absolute. The dispute centered on the alleged infringement and passing off concerning the identical trademark 'MARKS GO' used for skin products by both parties. While noting procedural deficiencies in the lower court's decision regarding passing off principles, the High Court ultimately decided to stay the operation of the restrictive order pending a full appeal hearing.
Mohammed Azam Trading As Noor Ahmed Mohd Azam v.Paramjeet Singh & Anr.
The Delhi High Court addressed two matters: first, it condoned a minor delay in the petitioner's rectification petition. Second, the court initiated proceedings to cancel the trademark 'SARDARJI MASALE WALE NURY'. The court ordered notice to be served on all parties and directed the summoning of the complete registration record from the Trademark Registry for review.
Vidya Bhushan Jain v.Mohammed Younus Sheikh And Anr
The Delhi High Court disposed of a writ petition concerning Trademark No. 605340 after finding that the core issue had been resolved by the parties. The court noted that the trademark renewal process was completed, with the mark being renewed for another ten years. Consequently, the High Court set aside an earlier order from the Intellectual Property Appellate Board (IPAB) and allowed the petitioner's trademark to continue subsisting in the Register.
Hermes International & Anr. v.Neofusion Commerce Through Sole Proprietor Mr. Rishabh Jain & Anr.
In a trademark infringement suit filed by Hermes International against Neofusion Commerce, the Delhi High Court issued an order on May 6, 2025. While the plaintiffs sought permanent injunctions against the use of their registered trademarks in relation to luxury bags and accessories, the court referred the parties to pre-litigation mediation. The defendants were granted a temporary reprieve, agreeing not to deal with existing disputed inventory while proposing alternative product variations.
Goethe-Institut E.V. v.Abhishek Yadav & Anr.
The Delhi High Court granted an interim injunction in favor of Goethe-Institut E.V., a well-known cultural institute, against Abhishek Yadav and others. The plaintiff successfully argued that the defendant's use of similar marks like 'MAX MUELLER INSTITUTE' was likely to cause confusion among the public regarding their association with the established brand. The court found that the plaintiff had prima facie established its prior goodwill and reputation in the market for German language courses, warranting immediate protective relief pending the final trial.
Himalaya Wellness Company & Ors. v.Wipro Enterprises Private Limited
Himalaya Wellness Company initiated proceedings in the Delhi High Court seeking to challenge the validity of Wipro Enterprises Private Limited's trademark registration 'EVECARE.' The court allowed the plaintiffs' application under Section 124 of the Trade Marks Act, 1999. Consequently, the court framed a specific issue questioning whether the defendant's mark is invalid and liable for removal/cancellation from the Register of Trademarks, setting the stage for further substantive litigation.
Glaxo Group Limited v.Qpharm Health Care Limited And Anr
The Delhi High Court addressed multiple issues in the ongoing dispute between Glaxo Group Limited and Qpharm Health Care Limited. The court allowed a petition seeking the transfer and consolidation of trademark rectification proceedings against 'BETNOTREAT' into the main infringement suit, recognizing the interconnected nature of the disputes. Furthermore, after hearing arguments regarding trade dress similarity, the parties were referred to mediation, indicating a potential path toward settlement.
Alkem Laboratories Limited v.Dr. Mariya Parvez & Ors.
The Delhi High Court addressed an application by Alkem Laboratories seeking to include a proposed defendant who had posted misleading content targeting its pharmaceutical products, PAN-D and PAN-40. Although the plaintiff initially sought to extend existing injunctions against this individual, the court noted that the impugned video had already been taken down. Consequently, the court dismissed the impleadment request but reaffirmed that the proposed defendant remains prohibited from using Alkem's 'PAN' family of marks in any videos, reserving the right for the plaintiff to seek further action if infringement recurs.
M/S Mittal Electronics Through Its Partner Mr. Akhil Aggarwal v.Mr. Satapara Vijaybhai Bhikhabhai @ Vijay Prajapati Trading as Shree Ganesh Industries
The Delhi High Court allowed a joint application for consent decree, formally settling an intellectual property dispute between M/S Mittal Electronics and Mr. Satapara Vijaybhai Bhikhabhai. The settlement confirmed that the Plaintiff exclusively owns the 'SUJATA' trademark and required the Defendant to apologize for infringement and passing off. Crucially, the Defendant agreed to cease all use of similar marks, destroy existing goods, and pay Rs. 2,50,000/- as costs, while also undertaking a liquidated damages clause.
M/S Mittal Electronics v.Mr. Rohit Rana
The Delhi High Court allowed a joint application for consent decree, formally settling an intellectual property dispute between M/S Mittal Electronics and Mr. Rohit Rana. The settlement involved the defendant acknowledging the plaintiff's exclusive rights to the 'SUJATA' trademark, apologizing for infringement and passing off, and undertaking not to use similar marks in the future. Furthermore, the defendant agreed to pay Rs. 2,50,000 as costs and Rs. 10,00,000 as liquidated damages in case of any breach.
Royal Challengers Sports Private Limited v.Uber India Systems Private Limited And Ors
The Delhi High Court dismissed the plaintiff's request for a temporary injunction, which sought to stop defendants from broadcasting an advertisement allegedly infringing or disparaging the 'Royal Challengers Bengaluru' trademark. The court found that there was no prima facie case of trademark infringement or disparagement, nor did the plaintiff demonstrate irreparable harm. Furthermore, balancing the convenience between free commercial speech and the plaintiff's claims, the court allowed the advertisement to continue.
Tv Today Network v.Saurashtra Aaj Tak And Anr
In a matter concerning alleged passing off, Tv Today Network (Appellant) raised concerns that the Respondent, Saurashtra Aaj Tak, continued to use the name 'Saurashtra Aaj Tak' despite an existing decree in favor of the Appellant. The Appellant emphasized that her trademark had since been registered and declared 'well known.' The Delhi High Court has scheduled a further hearing on May 13, 2025, to address these ongoing infringement claims.
Hero Investcorp Private Limited & Anr. v.Advance Ss Auto Parts Pvt Ltd
The Delhi High Court issued a significant interim order in the trademark and copyright infringement suit filed by Hero Investcorp Private Limited against Advance Ss Auto Parts Pvt Ltd. The court granted several procedural reliefs, including exempting the plaintiffs from pre-litigation mediation and advance service, which is crucial given the immediate need for evidence collection. Most notably, the Court appointed a Local Commissioner to conduct search and seizure operations at the defendant's premises to gather evidence of alleged counterfeit 'HERO' branded auto parts, thereby bolstering the plaintiffs' case for injunction and damages.
Modern Snacks Pvt Ltd v.Bimbo Bakeries India Pvt. Ltd.
The Delhi High Court disposed of Modern Snacks Pvt Ltd's suit against Bimbo Bakeries India Pvt. Ltd., which sought permanent injunction and damages related to trademark infringement. The court noted that the defendant had already filed an independent suit (CS(COMM) 460/2020) against the plaintiff on the same grounds of trademark infringement. Citing Section 142(2) of the Trade Marks Act, 1999, the court held that the present suit could not proceed further, allowing the plaintiff to raise all contentions in the existing cross-suit.
Vishnu Kumar Mittal & Ors. v.Madhu Mittal & Ors.
The Delhi High Court addressed a petition filed by Vishnu Kumar Mittal & Ors. seeking the rectification or revocation of an impugned trademark registration (Application No. 1880542) in Class 35, which was granted to Respondent No. 1. The petitioners initially sought various interim injunctions and reliefs against multiple respondents, but subsequently withdrew claims against certain parties. The Court proceeded by deleting the withdrawn respondents and issued notice to the remaining parties, setting a timeline for filing replies and rejoinders.
M/S. Rashik Soap Factory v.The Registrar Of Copyright & Ors.
The Delhi High Court allowed M/S. Rashik Soap Factory to amend its ongoing petition by incorporating a subsequent trademark registration. The petitioner sought to update the court record, confirming that they had acquired ownership of Trademark No. 4176479 through an assignment deed during the pendency of the case. This order allows the petitioner to formally bring this change in IP ownership before the court, ensuring all relevant facts are on record for the ongoing litigation.
SSAB TECHNOLOGY AB v.DEEPAK DINESH MEHTA AND OTHERS
The Delhi High Court issued a complex order in the trademark infringement suit, partially granting relief to SSAB Technology Ab. The court decreed the suit regarding specific permanent injunctions against the defendants concerning their use of infringing marks (HARDOX/Leomet-alloys). However, the court noted that the plaintiff declined an offer for full settlement and directed the suit to remain pending on remaining money claims, setting the stage for further litigation.
M/s. P.V.S.Knittings v.P. Prakash (trading as M/s. S P S TEX)
The Madras High Court addressed a complex suit involving allegations of trade mark infringement, copyright violation, and passing off. The plaintiff, M/s. P.V.S.Knittings, sought protection for its registered brand 'TWIN BIRDS' against the defendant's use of 'FLY BIRDS,' which was alleged to be deceptively similar in name and visual presentation (pink and white color scheme). Furthermore, the suit included a petition seeking rectification to cancel a conflicting trademark registration. The court issued a common judgment addressing both the infringement claims and the request for cancellation.
San Nutrition Private Limited v.Arpit Mangal And Others
The Delhi High Court addressed the tension between brand reputation and freedom of speech in influencer marketing. San Nutrition Private Limited sought an interim injunction against social media influencers, alleging trademark infringement, defamation, and unfair trade practices based on critical videos about its products. However, the court ruled in favor of the defendants, finding that the plaintiff failed to establish a prima facie case for infringement or disparagement. The judgment emphasized that the right to free speech under Article 19(1)(a) must be protected unless demonstrably false or malicious.
Vineet Kapur v.Registrar Of Trade Marks
The Delhi High Court allowed Vineet Kapur's appeal against the Registrar of Trade Marks' refusal to register the numerical mark '2929' for cosmetics. The court held that a combination of numbers can function as an inherently distinctive and arbitrary trademark, provided it is not descriptive or common in trade. By setting aside the rejection, the Court directed the application to proceed to advertisement, reinforcing the principle that numerals are capable of serving as effective source identifiers.
M/S. Modern Snacks Private Limited v.Kamran Ghani And Anr.
The Delhi High Court allowed a rectification petition filed by M/S. Modern Snacks Private Limited against Kamran Ghani, leading to the cancellation of the respondent's trademark 'MARDEM'. The petitioner successfully argued that their established mark 'MODERN' was deceptively and identically similar to 'MARDEM', causing likelihood of confusion in Class 30 (snacks). This judgment reinforces the principle that prior use and strong goodwill can be grounds for cancelling a later registration if it is confusingly similar.
Rainbow Children's Medicare Limited v.Rainbow Health Care
This appeal before the Karnataka High Court addressed whether Rainbow Health Care was infringing upon or passing off against the registered trademarks of Rainbow Children's Medicare Limited. The appellant, a leading chain of paediatric multi-speciality hospitals, sought to maintain an injunction against deceptive use of its brand name. The trial court had previously dismissed these interim applications and vacated existing injunction orders. The High Court ultimately set aside the impugned orders, reviving the ad-interim injunctions until the final decision of the suit.
Rainbow Children's Medicare Limited v.Rainbow Health Care
Rainbow Children's Medicare Limited appealed against the Trial Court's order that had dismissed its applications for temporary injunction. The appellant, a leading chain of paediatric multi-speciality hospitals, sought to restrain the respondent from using deceptively similar marks like 'Rainbow Health Care'. The High Court found merit in the appeal, setting aside the adverse orders and reviving the ad-interim injunctions. This decision reinforces the protection afforded to established healthcare brands against deceptive use.
M/S Zine Davidoff S.A. v.Union Of India And Anr
The Delhi High Court ruled in favor of M/S Zine Davidoff S.A., restoring its mark 'DAVIDOFF' (No. 454875) after it had been removed by the IPAB for alleged lapse. The court found that the petitioner had renewed the mark within statutory timelines, and crucially, noted that the Trade Mark Registry failed to issue a mandatory Form O3 notice before removal. Given the Registry's admission of lacking records regarding this notice, the High Court mandated the restoration of the trademark.
Dr. Jitendra Das Maganti v.MGM Healthcare Pvt. Ltd.
Dr. Jitendra Das Maganti filed three Original Applications seeking an interim injunction against MGM Healthcare Pvt. Ltd., alleging trademark infringement and passing off related to the 'SEVEN HILLS' brand, which is registered by the plaintiff. The dispute arose in the context of a Corporate Insolvency Resolution Process (CIRP) where the corporate debtor was undergoing restructuring. The Madras High Court ultimately dismissed the applications, finding that the resolution plan sanctioned by the NCLT prima facie granted permission to use 'Seven Hills,' thus balancing convenience in favor of the defendant.
Diageo Scotland Limited v.Prachi Varma & Anr.
Diageo Scotland Limited successfully appealed against the rejection of its opposition to a new trademark registration, 'CAPTAIN BLUE'. The Delhi High Court ruled in favor of Diageo, finding that 'CAPTAIN BLUE' was deceptively similar and constituted an imitation of Diageo's established family of marks, particularly 'CAPTAIN MORGAN'. The court set aside the previous order and directed the removal of the infringing mark from the Register, reinforcing the protection afforded to well-known brands.
Grey Swift Private Limited Through Mr. Shivam Singla v.The Registrar Of Trade Marks
Grey Swift Private Limited has appealed a rejection order from the Senior Examiner of Trade Marks regarding its wordmark 'BharatStamp' in Class 9. The examiner rejected the mark, citing lack of distinctive character under Section 9(1)(a) of the Trade Marks Act. The Delhi High Court accepted the appeal and issued notice to the Registrar of Trade Marks, setting a date for arguments on August 28, 2024.
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