India Trademark Cases
2,066 decisions indexed
Page 17 of 69 · 2,066 total
Shree Shyam Snacks Food Pvt Ltd v.Bikanervala Foods Pvt Ltd
The Delhi High Court disposed of the trademark dispute between Shree Shyam Snacks Food Pvt Ltd and Bikanervala Foods Pvt Ltd following a comprehensive settlement. The defendant agreed to exhaust all existing stock bearing the disputed mark 'SHYAMJI' by September 30, 2024, while simultaneously withdrawing opposition and registration applications related to that mark. Crucially, the plaintiff consented not to oppose the defendant's adoption of the new trademark, 'SHYAM RASS', effectively resolving the conflict amicably.
V.K.R.Venkatesan Trading as V.K.R. Prakash Modern Rice Mill v.M.Selvanambi Trading as Sri Venkateswara Modern Rice Mills
V.K.R. Venkatesan filed a civil suit against M. Selvanambi, alleging infringement of his 'SIVAJI BRAND' trademark and copyright violation concerning rice packaging. The original prayer sought permanent injunctions, damages, and accounting of profits due to the defendant's use of similar marks and labels. However, on April 16, 2024, the court noted that the plaintiff's counsel had requested withdrawal of the suit, leading to its dismissal.
V.K.R. Venkatesan v.S.Athiappan
V.K.R. Venkatesan filed a civil suit against S.Athiappan, Proprietor of Chitra Enterprises, alleging infringement of his registered trademarks ('SIVAJI' and 'V.K.R. SIVAJI BRAND') and copyright over artistic works. The plaintiff sought perpetual injunctions to stop the use of deceptively similar marks like 'SIVAJI GOLD'. However, before the court could rule on the merits of the infringement claims, the plaintiff chose to withdraw the suit.
Paulsons Beauty And Fashion Private Limited v.Jona'S Cafe
The Madras High Court ruled in favor of Paulsons Beauty And Fashion Private Limited, finding that Jona'S Cafe was infringing upon its registered trademark 'JONAH'S' and engaging in passing off. The court determined that the defendant's use of 'JONA'S,' despite a minor alteration, was deceptively similar to the plaintiff's well-known mark, especially given their proximity and identical business sector (food chain). Consequently, the court granted permanent injunctions and directed the defendant to pay damages based on profits earned.
Eicher Motors Limited v.Www.Royalenfielddealerships.In & Ors.
The Delhi High Court extended the existing ad interim injunction granted in favor of Eicher Motors Limited against various parties involved in trademark infringement. The court found that new imposter domain names were being used to deceive customers, collecting money under the guise of fake dealerships using the 'Royal Enfield' mark. Consequently, the court issued sweeping directions requiring Domain Name Registrars and financial institutions to lock and suspend the infringing domains and accounts.
Fmi Limited v.Fakhruddin Saifuddin Bharmal
The Delhi High Court ruled in favor of Fmi Limited, granting a permanent injunction against Fakhruddin Saifuddin Bharmal for using the deceptively similar trademark 'FREEMANS PROFESSIONAL' on protective hand gloves. Despite the defendant arguing that he was merely a reseller and not the manufacturer, the court found his admission of dealing in the infringing goods sufficient to uphold the infringement claim. The judgment underscores that even resellers can be held liable if they use marks confusingly similar to an established trademark.
Berger Paints India Ltd. v.JSW Paints Pvt. Ltd.
The Calcutta High Court addressed an appeal concerning the use of the word 'silk' in relation to paint products. While acknowledging that 'silk' can be used descriptively to denote a specific product finish, the court cautioned against its misuse as a trademark that could lead to consumer confusion (passing off). The court allowed JSW Paints Pvt. Ltd. to continue using 'silk' on their product tumblers, provided they strictly limit its use only to products with a silk finish and clearly state this description in advertisements. The core proprietary rights of Berger Paints India Ltd. over the term remain undecided pending trial.
Honasa Consumer Limited v.Registrar Of Trade Marks
The Delhi High Court allowed Honasa Consumer Limited's appeal against the refusal to register its trademark 'THE DERMA CO'. The initial rejection was based on similarity and likelihood of confusion with an earlier cited mark. However, by providing a disclaimer that they only claim rights over the composite mark and not the word 'DERMA', the court accepted the application. This decision highlights how strategic disclaimers can overcome objections in trademark registration proceedings.
Adret Retail Private Limited v.Abhinandan Industries & Ors.
The Delhi High Court issued a detailed order in the ongoing suit concerning alleged trademark infringement and passing off by defendants using the 'KAPIVA' family of marks. The court granted an interim injunction application (I.A. 8103/2024) by directing the execution of local commissioners' commissions at the defendants' premises. This action is crucial for the plaintiff, Adret Retail Private Limited, to gather evidence regarding the alleged counterfeit products and unauthorized use of their registered trademarks in the market.
Mankind Pharma Limited v.Solitaire Pharmacia And Anr
The Delhi High Court issued an order in the trademark dispute between Mankind Pharma Limited and Solitaire Pharmacia And Anr. The court directed the Respondent to file additional documents demonstrating that the Petitioner was simultaneously seeking rectification of the impugned trademark 'CUREKIND' before the Trademark Registry. Furthermore, the hearing was adjourned to September 2nd, 2024, allowing both parties time to submit composite briefs.
Castrol Limited v.Vikas Mishra
The Delhi High Court granted an interim injunction in favor of Castrol Limited against Vikas Mishra regarding alleged trademark and trade dress infringement. The court found a prima facie case based on the similarity between Castrol's established global brand and the defendant's use of marks like 'ACTIVE', 'ACFIVE', and 'POWER'. This initial order restrains the defendant from using confusingly similar branding while mandating the disclosure of sales accounts, setting the stage for further litigation.
Reliance Industries Limited & Anr v.Olx India B. V. & Anr
The Delhi High Court addressed applications concerning the ongoing trademark infringement suit filed by Reliance Industries against Olx India. The court confirmed that the existing interim injunction, initially granted to prevent misuse of 'JIO' and 'RELIANCE' trademarks in job advertisements, would continue throughout the pendency of the suit. Furthermore, the scope of this injunction was clarified to apply specifically to job-related misuses, while reserving rights for further action regarding product sales.
Varun Chohpra & Anr. v.Shyam Sunder Chopra Sons Huf & Ors
The Delhi High Court addressed a new suit filed by Varun Chohpra & Anr. against Shyam Sunder Chopra Sons Huf, which alleged trademark infringement concerning the 'NATRAJ' brand. The court noted that a similar matter was already pending in Bangalore. Before proceeding with summons, the court directed steps to ascertain the maintainability of the current suit due to the new cause of action. Consequently, notice was issued to the defendants for a returnable hearing.
Rajesh Jain v.Amit Jain & Another
The Delhi High Court dismissed the plaintiff's appeal challenging the refusal to grant discovery of documents. The suit involves trademark infringement and passing off, where defendants raised a defense of distinctiveness. The court ruled that since the sought-after documents were primarily intended to rebut an earlier application (under Order 39 Rule 4 CPC) which was decided nearly ten years prior, they lacked relevance at the current stage of the proceedings. Consequently, the plaintiff must rely on other evidence to prove their case.
M/S Reflect Sculpt Private Ltd. v.Abdus Salam Khan
In a suit concerning alleged counterfeiting and infringement, the Delhi High Court granted several interim reliefs in favor of M/S Reflect Sculpt Private Ltd. The court allowed exemptions for urgent proceedings, including waiving advance service and pre-institution mediation, recognizing the need for swift action against counterfeit products. Furthermore, the court appointed a Local Commissioner to investigate the alleged infringements, allowing access to premises and financial records to gather evidence regarding the unauthorized use of unique designs and the 'GAURAV GUPTA' trademark.
Apl Apollo Tubes Limited v.M/S Steel Track & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Apl Apollo Tubes Limited against M/S Steel Track & Ors. regarding trademark infringement and passing off. The court found that the Defendants' use of 'APOLLO/APOLLO TMT' was deceptively similar to the Plaintiff's established marks, risking irreparable harm to their brand equity. While acknowledging the Plaintiff's delay in filing the suit, the Court issued a comprehensive restraint order covering all marketing and sales activities, though it exempted goods already manufactured by the Defendants.
north side brewers private ltd v.the registrar of trade marks
North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.
Jaypee Brothers Medical Publisher Pvt Ltd v.Rama Krishna Books
The Delhi High Court granted an ex parte ad interim injunction in favor of Jaypee Brothers Medical Publisher Pvt Ltd against Rama Krishna Books. The publisher alleged that the defendant was selling substandard, infringing copies of their medical textbooks while also misusing their registered trademarks. The court found a prima facie case for infringement and ruled that granting the injunction was necessary to prevent irreparable harm to the plaintiff's business interests in the specialized medical publishing market.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging infringement of its registered Trade Mark 'Gold Winner' and copyright violation related to the packaging of edible oil. The plaintiff sought permanent injunctions, directions for destruction of infringing materials, and an accounting of profits. Ultimately, both parties reached a mutual agreement and settled the dispute through a Joint Memorandum of Compromise (JMC).
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging trademark infringement, passing off, and copyright violation related to the edible oil market. The plaintiff claimed that the defendant was using the deceptively similar mark 'SATHYAM GOLD' on products mimicking the plaintiff's registered brand 'Gold Winner'. Both parties ultimately agreed to settle the dispute through a Joint Memorandum of Compromise, leading the court to decree the suit.
Hindustan Unilever Limited v.Fabs Industries
Hindustan Unilever Limited filed a suit against Fabs Industries for infringement of its trademarks ('SURF/SURF EXCEL', Splat logo) and copyrighted trade dress. The parties reached a settlement, which was formalized through Consent Minutes of Order.
Ashvinkumar Babulal Patel v.Shree Sardar Patel Sevadal
The Gujarat High Court dismissed the appeal filed by Ashvinkumar Babulal Patel against the trial court's order granting an injunction to Shree Sardar Patel Sevadal. The court upheld the lower court's finding that the plaintiff had established use of the 'SPG' trademark since 2007, noting that appellate courts should not interfere with factual findings made by the trial court. While dismissing the main appeal, the High Court granted a temporary stay on the order for three weeks.
Flipkart Internet Private Limited v.Godaddy Operating Company Llc & Ors.
The Delhi High Court addressed an appeal concerning the admissibility of a written statement in a trademark infringement suit involving domain names. The court clarified that in complex domain name disputes with numerous impleadments, the 120-day period for filing a written statement commences from the date the amended memo of parties is filed, not the initial notice date. Consequently, the court allowed the appeal and permitted the defendants' written statement to be taken on record after they paid a stipulated fee.
Karnataka Cooperative Milk Producers Federation Limited v.N.Ananda Trading as M/s.Nandhini
The Madras High Court allowed appeals filed by Karnataka Cooperative Milk Producers Federation Limited against the Trademark Registry's decision to dismiss its oppositions. The court found that while there was a similarity between the marks NANDINI and NANDHINI, the Registrar failed to exercise powers under Section 12 of the Trade Marks Act. Consequently, the opposition proceedings were remitted back to the Deputy Registrar with a direction to impose necessary conditions to allow both parties to peacefully co-exist in their respective businesses.
Kaushalya Devi Sabu & Ors. v.Rajkumar Sabu
The Delhi High Court addressed a complex family dispute concerning the trademark 'SACHAMOTI' used for sabudana. The appeal challenged a lower court judgment that favored the respondent, holding that the appellants failed to prove prior use of the mark. Recognizing the contentious nature and the underlying familial connection to the brand creation, the Court directed that the status quo ante should be maintained until the final disposal of the appeal. This allows both parties to continue operating their businesses without claiming sole ownership.
Allied Blenders And Distillers Limited v.Samvid Ventures Private Limited & Ors.
The Delhi High Court granted an ad interim injunction in favor of Allied Blenders And Distillers Limited against Samvid Ventures Private Limited & Ors. The court found that the defendant's use of the mark 'Western Choice' was deceptively similar to the plaintiff's registered trademarks, including 'Officer's Choice.' This crucial ruling immediately restricts the defendants from manufacturing or selling alcoholic beverages using the infringing label. Furthermore, the order mandates a structured process for the disposal of existing stock while the main suit proceeds.
Eveready Industries India Limited v.Ksc Industries & Ors.
The Delhi High Court granted an interim injunction in favor of Eveready Industries India Limited against Ksc Industries & Ors. The court found that the Defendants' use of the mark 'EVERYDAY' was deceptively similar to Eveready's well-known trademark, 'EVEREADY', leading to potential infringement and passing off. Given the prima facie case made out by Eveready and the risk of irreparable harm, the court restrained the defendants from manufacturing or selling goods under the impugned mark until further hearing.
Sun Pharma Laboratories Limited v.Narender Kumar & Ors.
The Delhi High Court upheld the existing interim injunction in favor of Sun Pharma Laboratories Limited against Narender Kumar & Ors. The dispute centered on alleged passing off, where the defendant used the mark 'CAFTADAY' for an eye drop containing the compound ALCAFTADINE, deceptively similar to the plaintiff's mark 'CAFTA'. Despite arguments from the defense regarding generic drug naming conventions and INNs, the Court found that the plaintiff had satisfied the triple test for passing off. Consequently, the injunction was maintained, preventing the defendants from using the impugned mark during the pendency of the suit.
Ceat Limited v.The Registrar Of Trade Marks
The Delhi High Court dismissed Ceat Limited's appeal challenging the rejection of its trademark application 'FARMAX'. The court found that the appellant failed to adequately explain a significant delay in filing the appeal, rendering the condonation plea specious. Furthermore, on the merits, the court held that 'FARMAX' was structurally and phonetically similar to existing marks ('FORMAX' and 'FARMOX') registered for related goods (vehicles/tractors), creating a strong likelihood of consumer confusion.
Tiger Aspect Kids And Family Limited v.Mr.Bean Trampoline Park/Mr.Been Trampoline Park
Tiger Aspect Kids And Family Limited successfully obtained leave from the Bombay High Court to proceed with a commercial IP suit against Mr.Bean Trampoline Park. The petitioner, owner of the 'Mr.Bean' character and associated trademarks/copyrights, alleged infringement by the respondent operating under similar names and marks. The court granted permission, finding that a substantial part of the cause of action arose within Mumbai, thereby establishing jurisdiction despite the park being located elsewhere.
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