India Trademark Cases
3,740 decisions indexed
Page 18 of 125 · 3,740 total
Himalaya Global Holdings Ltd v.Jeena Sikho Lifecare Limited
The Delhi High Court issued a significant order in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Jeena Sikho Lifecare Limited. The court permitted the plaintiffs to file additional documentation and, crucially, addressed the request for an ad interim injunction. While noting concerns over mark similarity and color combination usage, the court granted conditional relief, requiring the defendant (D-1) to change its packaging colors within two weeks while allowing it to exhaust existing stock.
M/S Aggarwal Trading Company v.The Registrar Of Trade Marks
M/S Aggarwal Trading Company approached the Delhi High Court seeking rectification of their trademark register entries (Registration Nos. 671443 and 671598). The petitioner argued that despite the marks being valid up to specific future dates, the online system incorrectly displayed messages indicating renewal failure due to delays. The court took cognizance of this discrepancy and issued notice to the Registrar of Trade Marks, directing them to provide clarifications regarding the validity and renewal status of both trademarks.
Alkem Laboratories Ltd. v.M/S Martin And Brown Biosciences & Ors.
Alkem Laboratories Ltd. filed a Rectification Petition against M/S Martin And Brown Biosciences & Ors., seeking the removal or cancellation of the trademark registration 'SOMI-MB' (No. 5982177) in Class 5, arguing that it is confusingly similar to their existing mark 'SUMO'. The Delhi High Court issued notice to the respondents and set timelines for filing written synopses and replies, indicating that the matter will proceed through formal litigation.
94 Cedar Properties And Trading Llp & Ors v.Shri Munish Thakur & Anr
The Delhi High Court addressed petitions alleging wilful disobedience of undertakings related to a previous settlement concerning the trademark 'DROTIN' and its variants. The petitioner alleged that the respondent was using the deceptively similar mark 'DROTINXT' in medicinal preparations, constituting contempt of court. Consequently, the Court issued notice to the respondents, setting a date for their returnable appearance.
Glossy Paints India Pvt Ltd & Anr. v.Nippon Paint (India) Private Limited & Ors.
The Delhi High Court has formally registered the trademark infringement suit filed by Glossy Paints India Pvt Ltd against Nippon Paint. While addressing various interlocutory applications, the court allowed the plaintiffs to file additional documents and exempted them from pre-institution mediation. Crucially, the court also initiated proceedings for an interim injunction, setting a date for further arguments on the matter of trademark infringement.
Moti Mahal Delux Management Services Pvt Ltd & Ors. v.M/S Universal Corporation & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Moti Mahal Delux Management Services against Universal Corporation. The court found that the plaintiffs had established a prima facie case regarding trademark infringement and passing off, noting the long history and exponential growth of the 'Moti Mahal' brand since 1920. Given the risk of irreparable harm to the plaintiff's goodwill, the defendant was immediately restrained from using identical or deceptively similar marks like 'MOTI MAHAL DELUX TANDOORI TRAIL'.
Hell Energy Magyarorszag Kft v.Sipsnap Soda Llp & Ors
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Hell Energy against Sipsnap Soda. The court allowed several procedural applications, including granting exemptions from mandatory pre-litigation mediation and advanced service upon the defendants. Crucially, the court permitted the plaintiff to appoint a Local Commissioner to conduct search and seizure of evidence at the defendant's premises, ensuring the preservation of potential infringing materials. This order moves the case forward by formalizing the suit for permanent injunction regarding the 'HELL ENERGY' trademark and trade dress.
Hero Investcorp Pvt Ltd And Anr v.Ashok Kumar (John Doe)
The Delhi High Court granted interim relief to Hero Investcorp Pvt Ltd in its suit against an unidentified entity manufacturing and selling counterfeit two-wheeler spare parts. The court recognized the Plaintiffs' registered trademarks and trade dress associated with 'HERO GENUINE PRODUCTS.' Crucially, the court appointed a Local Commissioner to execute a search and seizure commission at the Defendant's premises to recover infringing goods, setting the stage for further litigation.
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.
Ms Khatema Fibres Limited v.Dr Rakesh Chandra Rastogi & Ors.
The Delhi High Court issued an order allowing Ms Khatema Fibres Limited to proceed with a rectification petition against the registered trademark 'KHATEMA' held by Defendant No. 1. The court formally initiated the proceedings, granting both parties specific timeframes—four weeks for the defendant's reply and six weeks for filing composite written synopses in related applications. This order sets the stage for a detailed legal battle over the validity of the trademark registration.
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.
Abbott Product Operations Ag & Anr. v.Medinox Pharmaceuticals & Ors.
In a significant development concerning trademark infringement, the Delhi High Court issued an order compelling Defendants No. 1 and 2 (pharmaceutical distributors) to immediately cease manufacturing medicines bearing the impugned trademark 'DUPHAMED' or any variation using 'DUPHA'. This interim relief was granted in the context of urgent proceedings, while also allowing time for existing stock disposal. The court further streamlined procedural requirements by granting exemptions related to document filing and pre-institution mediation.
Ms Cafe Brown Sugar Pvt Ltd v.Vyom Foodcraft Pvt Ltd & Anr.
The Delhi High Court addressed an application seeking to introduce additional documents related to trademark applications and assignments in a commercial suit. The court, emphasizing that procedure is the handmaid of justice, permitted the plaintiff to place statutory Trademark Registry documents on record, despite their belated submission. However, the court rejected a third-party legal notice as irrelevant to the pleadings. This order allows the litigation to proceed with expanded evidence while ensuring procedural fairness for both parties.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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