India Trademark Cases
2,066 decisions indexed
Page 18 of 69 · 2,066 total
Waycool Food Products Private Limited v.Cheedalla Gopinath, Aditya Rice Enterprises, Sree KVR Industries
Waycool Food Products Private Limited filed a civil suit against several defendants alleging passing off, copyright infringement, and misuse of its distinctive trade dress and logo in the packed rice market. The plaintiff sought permanent injunctions and damages for the alleged violations. Ultimately, both parties reached a Memorandum of Compromise on February 17, 2024, leading to the court decreeing the suit while noting that the plaintiff had waived the claim for monetary damages.
Swasth Digital Health Foundation v.Trade Marks Registry
The Madras High Court allowed an appeal filed by Swasth Digital Health Foundation against the Trade Marks Registry's refusal to register its composite mark. The court held that the mark, taken as a whole, possesses sufficient distinctiveness for registration. Furthermore, the court ruled that the Registrar exceeded his statutory authority by restricting the use of national flag colors in the device, emphasizing that an owner has the freedom to choose their color scheme unless explicitly restricted by law.
Joy Creators Llp v.Bath And Body Works Brands Management Inc.
The Delhi High Court directed both parties to engage in mandatory pre-litigation mediation regarding a trademark infringement dispute concerning the use of 'JOY'. The plaintiff sought an injunction against Bath & Body Works for alleged passing off and trademark infringement. However, the court noted that the defendants had previously proposed a resolution, suggesting they would only sell the product through their own branded stores to avoid confusion, and were willing to refrain from filing trademarks on 'JOY' as a descriptive term. Given these discussions, the Court mandated mediation to explore an amicable settlement before proceeding with litigation.
Novartis Ag & Ors. v.Noviets Pharma & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement dispute between Novartis Ag & Ors. and Noviets Pharma & Ors. The court allowed the plaintiffs to file additional documents and granted an exemption from mandatory pre-suit mediation. Crucially, the court formally registered the plaint as a suit, setting out detailed procedural timelines for filing written statements, replications, and affidavits of admission/denial, while also addressing the preliminary injunction application seeking restraint against trademark infringement.
International Education & Research Foundation v.Deputy Commissioner of Income Tax, International Tax (DCIT)
The assessee, International Education & Research Foundation, challenged the charging of TDS and interest by the DCIT regarding annual payments made to international educational boards like IBO/Cambridge. The Assessing Officer held these payments constituted royalty for using trademarks. The Tribunal condoned the delay in filing and restored the matter to the AO for further clarification on the nature of the lump sum fees.
International Education & Research Foundation v.Deputy Commissioner of Income Tax, International Tax (DCIT)
The assessee, International Education & Research Foundation, appealed against orders charging TDS and interest on annual payments made to international education boards like IBO/Cambridge. The Assessing Officer held that these payments constituted royalty for the use of trademarks and services provided by the overseas institutions. The Tribunal condoned the delay and restored the matter to the Assessing Officer for further clarification regarding the nature of the lump sum fees.
M/s.Mex Switchgears Pvt. Ltd. v.M/s.Mirshad C.E.502
The Madras High Court allowed the appeal filed by M/s.Mex Switchgears Pvt. Ltd., directing the Trade Marks Registry to restore the opposition proceedings. The core issue was the Registrar's decision to dismiss the opposition as abandoned due to non-production of evidence. The court ruled that for an opposition to be validly initiated, the applicant must prove service of the counter statement on the opponent, and a mere assertion of email service without proof is insufficient under the Trade Marks Act.
Intellectual Property Attorneys Association (IPAA) v.The Controller General of Patents, Designs & Trade Marks & Anr.
The Intellectual Property Attorneys Association (IPAA) approached the Delhi High Court seeking directions to suspend limitation periods under the Trade Marks Act, citing severe disruptions in accessing the Trademark Registry's online portal. The petitioner highlighted persistent technical difficulties, including non-functional e-filing services and payment gateway issues, which were causing stakeholders to lose valuable IP rights. The Court acknowledged the urgency of the matter, directing the Controller General of Patents, Designs & Trade Marks (CGPDTM) to appear on the next date to provide detailed solutions and status updates regarding the systemic failures.
M/s Shri Gorakh Bhandar v.Commissioner, Customs-New Delhi
The appellant, M/s Shri Gorakh Bhandar, appealed against an order where the Commissioner of Customs upheld the confiscation of imported shoes bearing the United Colors of Benetton (UCB) logo and imposed penalties. The Tribunal found that the goods were counterfeit, infringed UCB's trademark rights, and therefore constituted prohibited goods liable for absolute confiscation.
Mountain Valley Springs India Private Limited v.Baby Forest Ayurveda Private Limited & Ors.
The Delhi High Court addressed an interim injunction application concerning trademark infringement between Mountain Valley Springs India Private Limited (Plaintiff) and Baby Forest Ayurveda Private Limited (Defendant). While the Plaintiff presented extensive evidence of market presence, sales, and potential consumer confusion regarding the marks 'FOREST ESSENTIALS' and 'BABY FOREST', the court ultimately dismissed the applications seeking an injunction against the use of the latter. The judgment emphasized the need for a composite assessment, referencing the established 'Pianotist test,' to determine likelihood of confusion.
Prakash Singh & Anr. v.Guruji Ka Ashram & Anr.
The Delhi High Court addressed cancellation petitions filed by Prakash Singh & Anr. seeking the removal and rectification of trademarks registered by Guruji Ka Ashram & Anr. The petitioners alleged that the respondent, a charitable trust, sought to monopolize the spiritual heritage and goodwill associated with the late 'GURU JI' on a mala fide basis. The Court accepted notice from the respondent and scheduled the matter for further arguments.
Ab Skf & Anr v.M/S Osaka International Inc. & Ors.
The Delhi High Court issued several orders in favor of Ab Skf & Anr, reinforcing existing injunctions while addressing new infringement concerns. The court directed a defendant involved in non-compliance with an earlier injunction to file a compliance affidavit regarding sales cancellations and refunds. Furthermore, based on evidence of counterfeit goods and domain squatting, the court ordered Defendant No. 12 (GoDaddy LLC) to immediately lock and suspend the infringing domain name 'www.skfsg.com', demonstrating proactive enforcement against trademark misuse.
M/s.Mesmer Pharmaceuticals v.The Registrar of Trade Marks
The Madras High Court set aside the Trade Marks Registry's decision to refuse registration of 'REJUSTAR' in Class 5. The Registrar had cited phonetic similarity to other marks, but the court held that it was premature to determine deceptive similarity based solely on scrutiny under Section 11. Given that the appellant's mark is an invented word and the cited marks were used for different goods or outside India, the matter was remanded back to the Registry for further processing.
Rexcin Pharmaceuticals P Ltd v.Rekin Pharma P Ltd & Anr.
The Delhi High Court addressed a complex trademark dispute between Rexcin Pharmaceuticals and Rekin Pharma concerning the similar corporate names 'REXCIN' and 'REKIN'. The court noted that while Rexcin holds registrations for 'REXCIN', they are not currently using it commercially, whereas Rekin has registered 'REKIN-SP' in Class 05. To resolve the conflict, the Court proposed a potential settlement where both parties could agree to restrict the use of the disputed term only as part of their corporate name, rather than as a trademark or trade name. Both counsels agreed to consult their clients on this proposal and were directed to consider mediation.
Western Digital Technologies Inc. v.Daichi International
In this trademark infringement suit, Western Digital alleged that Daichi International was rebranding and reselling used/refurbished HDDs originally manufactured by WD under the 'Daichi' brand. The Delhi High Court issued conditional interim directions, allowing sales to continue but mandating that all impugned products must carry a clear disclaimer stating they are used and refurbished goods. Furthermore, the defendant was ordered to file detailed stock statements regarding the purchase and sale of these specific HDDs.
Pataka Industries Private Limited v.Jyoti Dewani
The Madhya Pradesh High Court granted an interim injunction in favor of Pataka Industries Private Limited against Jyoti Dewani. The court noted that the appellant had previously benefited from an injunction and allowed the application, restraining the respondent from using the trademark '502 Pataka' on any product or label until further orders. This decision reinforces the protection afforded to established trademarks.
Wings Pharmaceuticals P. Ltd. v.Khatri Healthcare P. Ltd. & Anr.
The Delhi High Court clarified its earlier order in this trademark cancellation petition. The Petitioner, Wings Pharmaceuticals P. Ltd., sought clarification after raising objections regarding territorial jurisdiction. Consequently, the court allowed the application, permitting the Petitioner to withdraw the current case and file a fresh petition before the appropriate Trademark Registry in Mumbai. Crucially, the court emphasized that this withdrawal does not prejudice the parties' rights or express any view on the merits of the original dispute.
Tirth Agro Technology Private Limited v.Navkar Agriculture Industries
The Delhi High Court granted an ex parte ad interim injunction in favor of Tirth Agro Technology Private Limited against Navkar Agriculture Industries. The court found a prima facie case regarding the alleged infringement of the 'SHAKTIMAN' trademark and associated artistic work/trade dress used on agricultural products like rotavators. Consequently, the defendant was restrained from using similar marks or trade dresses, and the plaintiff was permitted to seize and seal all infringing material.
Idamakanti Madhusudhana Reddy v.The Registrar of Trade Marks
The Madras High Court set aside the Trade Mark Registry's refusal to register 'Doctor Reddys Path Labs,' which was based on similarity to an existing mark. The court found merit in the appellant's argument that the word 'Reddy' is generic and that the marks operate in different classes of goods/services (Pathology vs. Pharmaceuticals). Crucially, the High Court mandated a fresh review by the Registry, requiring it to consider Section 12 of the Trade Marks Act, even if opposition from a well-known mark arises.
Shri Ram Autotech Private Limited v.Garima Singh Proprietor Of Ambika Industries
In this interim order concerning trademark infringement, the Delhi High Court accepted the Defendant's proposal to substantially modify their contested mark. Despite the Plaintiff's concerns regarding residual similarity in font style, the Court ruled that the overall changes sufficiently reduced the likelihood of consumer confusion. The Defendant was allowed a grace period of two months to exhaust existing inventory while transitioning to the new mark, provided they comply with all regulatory requirements.
Campus Activewear Limited v.Jqr Sports(India) Private Limited & Ors
The Delhi High Court initiated proceedings in Campus Activewear Limited vs Jqr Sports(India) Private Limited regarding alleged infringement of trademarks and designs related to shoes. The court formally registered the commercial suit and set out procedural timelines for filing written statements, replications, and affidavits of admission/denial. Furthermore, the urgent application seeking a permanent injunction was listed for further hearing, indicating that the core dispute over copying Campus's brand and design is moving forward.
Burberry Limited v.M/S Petrol Perfume & Ors.
In this trademark infringement suit, Burberry Limited filed a claim against M/S Petrol Perfume & Ors., alleging that the defendants' perfumes bearing 'MY PETROL' and 'MR. PETROL' marks were deceptively similar to Burberry's registered trademarks and trade dress. The Delhi High Court issued several procedural orders, including granting exemptions for document filing and directing the defendants to provide a detailed affidavit regarding all goods manufactured under the impugned marks. This order sets the stage for the full trial on infringement and passing off.
Antex Pharma Pvt Ltd & Anr. v.Elder Projects Ltd & Anr.
The Delhi High Court granted an interim injunction in favor of Antex Pharma Pvt Ltd, restraining Elder Projects Ltd and its representatives from issuing baseless threats of legal action against the plaintiffs concerning the use of the trademark 'ELDER' and 'ELDERVIT'. The court relied heavily on a prior judgment establishing that the registered ownership of the 'ELDER' mark belongs to Elder Pharmaceuticals Limited (EPL), which is currently in liquidation. This ruling protects the plaintiffs from harassment while maintaining that the interim order does not grant them absolute entitlement to use the trademark.
Gopaljee Foods v.Subhash Chand & Ors.
In Gopaljee Foods vs Subhash Chand & Ors., the Delhi High Court addressed ongoing trademark disputes, noting that an ex-parte ad interim injunction previously granted in favor of the petitioner regarding trademark infringement had been confirmed by a Coordinate Bench. The court also noted attempts by respondents to revive abandoned trademarks and make changes to user dates, requiring them to place supporting documentation on record for further consideration.
Spencer'S Retail Limited v.Geetha Jorge Alias Geetha George & Others
Spencer'S Retail Limited filed a suit against Geetha Jorge Alias Geetha George & Others, alleging trademark infringement. The plaintiff argued that the City Civil Court was not the proper forum for seeking relief due to restrictions in the City Civil Courts Act, 1953, and because the matter had already been adjudicated.
Rukmini Devi And Ors. v.Union Of India And Ors.
The Delhi High Court addressed a writ petition challenging the acceptance of an alleged trademark assignment by the Registrar. The core dispute involved complex succession issues among the heirs of the original assignor, leading to multiple conflicting claims regarding the validity of the deed. Recognizing the ongoing litigation and disputes, the court did not rule on the merits but instead directed the petitioner to file comprehensive objections with the Trademark Registry. This move ensures that the assignment is subject to a fresh de novo review and hearing, effectively pausing the previous decision.
Qrg Enterprises & Anr. v.Hpl (India) Limited & Ors.
The Delhi High Court decreed a trademark dispute between Qrg Enterprises and HPL (India) Limited based on a comprehensive settlement agreement. The court upheld the plaintiffs' proprietary rights in the 'HAVELLS/HAVELL'S' mark, granting permanent injunctions against the defendants. Crucially, the judgment clarified that since the defendant's name change was mandated by the decree and not voluntary, they would not be bound by the proviso to Section 12(3) of the Companies Act, 2013, ensuring the settlement's enforceability.
Ht Media Limited v.Coolboots Media Private Limited
The Delhi High Court formally registered the trademark infringement suit filed by Ht Media Limited against Coolboots Media Private Limited. The court addressed several procedural applications, granting exemptions and setting timelines for filing documents. Crucially, the court also initiated interim injunction proceedings regarding the alleged misuse of similar marks ('SHINE' vs 'OUTSHINE') and directed both parties to explore mediation under Section 12A of the Commercial Courts Act.
Khadi & Village Industries Commission v.Ms. Saraswati Devi And Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Khadi & Village Industries Commission against Ms. Saraswati Devi and others. The Plaintiff successfully demonstrated a prima facie case that the Defendants' use of 'KHADI BHANDAR' is deceptively similar to its registered KHADI Trademarks and Charkha Logos, leading to a strong likelihood of consumer confusion. This interim order immediately restrains the Defendants from using the infringing marks in relation to identical goods.
Shri Dhiraj Kumar v.R H Agro Overseas Pvt Ltd & Anr.
The Delhi High Court dismissed a petition filed by Shri Dhiraj Kumar against R H Agro Overseas Pvt Ltd. The petitioner had challenged an injunction granted by the District Judge, arguing procedural flaws related to pre-litigation mediation and statutory bars under the Trade Marks Act. The High Court ruled that since the parties had already engaged in and failed mediation, re-arguing the necessity of pre-institution mediation was untenable. Furthermore, the court rejected the petitioner's plea regarding appeal restrictions under the TM Act, allowing the original suit concerning trademark infringement and passing off to continue.
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