India Trademark Cases
1,271 decisions indexed
Page 2 of 43 · 1,271 total
Super Milk Products Private Limited v.Pyare Lal Laxmi Narayan And Sons
The Plaintiff sued the Defendant for trademark infringement after the Franchise Agreement terminated. The Plaintiff alleged that the Defendant was clandestinely using a deceptively similar brand name, 'Cuppa Kevanter', which led to passing off of the Plaintiff's well-known trademark 'Keventers'.
Punjab Fc Private Limited v.Posshusa Apparels India Private Limited
Punjab Fc Private Limited filed a petition seeking the removal (rectification) of the 'PFC' trademark registered under application no. 4611789 in Class 25, which was held by Posshusa Apparels India Private Limited. The petitioner highlighted a prior favorable judgment regarding an identical device mark. The Court accepted notice and directed that formal notices be issued to all parties, setting timelines for filing replies and rejoinders before listing the matter further.
Mandeep Singh v.Shabir Momin & Anr.
The Delhi High Court addressed several applications related to the rectification and cancellation of trademarks associated with 'Instant Bollywood.' While the court found that the petitioner had suppressed material documents indicating prior knowledge of the trademark registrations, it chose not to dismiss the interim injunction application. Instead, the court entertained the injunction but imposed a significant cost of Rs. 5 lakhs on the petitioner for the non-disclosure.
Parveen Kumar Gulati Trading As Apexseals v.Registrar Of Trademarks
The Delhi High Court addressed a Writ Petition filed by Apexseals challenging the removal of its trademark application (No. 746049) without issuing the mandatory statutory notice under Section 25(3) of the Trade Marks Act, 1999. The petitioner argued that this procedural lapse violated established rules. Following arguments from both sides, the Court issued a notice to the Registrar of Trademarks and granted time for filing a Counter Affidavit, indicating the matter will proceed through formal litigation.
M/S. Loreal v.Loren Beautifiers Pvt. Ltd.
The Calcutta High Court allowed an application filed by M/S. Loreal seeking the cancellation of the mark "LOREN HAIR OIL" registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted allegation of non-use, the Court directed that the impugned mark be removed/rectified from the register, reinforcing the importance of continuous commercial activity in maintaining trademark rights.
M/S L Oreal v.M/S Loren Beautifiers Pvt Ltd And Ors
The Calcutta High Court allowed an application filed by M/S L Oreal seeking the cancellation of a similar mark, 'LOREN BOROHERB,' registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted evidence of non-use, the Court directed that the impugned registration be removed from the register, reinforcing the importance of active commercial use for maintaining a trademark.
M/S Loreal v.M/S Loren Beautifiers Pvt Ltd And Others
The Calcutta High Court allowed an application filed by M/S Loreal seeking the cancellation of the mark 'LOREN BORORICH.' The sole ground for the petition was non-use, as the respondent failed to demonstrate any bona fide use of the trademark in relation to Class 3 goods for the statutory period. Given the uncontroverted allegation of non-use and the respondent's failure to provide evidence, the court directed that the impugned mark be removed from the register.
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant firm, dealing in consumer durables and healthcare products, was assessed service tax on royalty income received for allowing its group companies to use its 'TTK' logo. The appellant argued that since the logo is registered as an artistic work under the Copyright Act, 1957, it qualifies for exemption. The Tribunal allowed the appeal, finding that the demand was unsustainable and citing relevant exemptions and prior judicial decisions.
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant, T.T. Krishnamachari & Co., challenged demands raised by the Department regarding service tax on royalty income received for allowing group companies to use their registered logo 'TTK'. The dispute centered on whether this usage constituted a taxable Intellectual Property Right (IPR) service or was exempt under copyright law.
M/S. Anup Kumar Biswas v.M/S. S. H. Biri Factory And Anr.
M/S. Anup Kumar Biswas filed an application seeking the rectification of a Copyright Registration held by M/S. S. H. Biri Factory And Anr., alleging that the registered label was deceptively similar to their own trade name and infringed upon their rights. The petitioner claimed the registration was obtained surreptitiously without notice. Given the respondent's willingness to have the matter heard afresh after proper notice, the Court cancelled the impugned registration and remanded the case back to the Copyright Registrar for a fresh decision.
Mir Mahamood Ali & Ors. v.Mir Mukkaram Ali
The Madras High Court ruled in favor of the petitioners, ordering the expungement of the respondent’s name from the Copyright Register. The dispute centered on a conflict where the respondent was incorrectly listed as the owner of the artistic features of the 'Sagar Homeo Stores' trademark, despite the petitioners being the rightful owners. By establishing their prior and valid registration with the Trademark authority, the court found the opposing copyright entry to be illegal and concocted.
M/S. Dunlop India Limited (In Liqn.) v.Dunlop Aircraft Tyres Limited
The Calcutta High Court granted leave to M/S. Dunlop India Limited to continue its trademark rectification and cancellation proceedings against a company now in liquidation. The dispute centered on preventing the use of the 'DUNLOP' mark, including various prefixes and suffixes, for aircraft tyres by the liquidating entity. This decision allows the established market leader to pursue legal remedies to protect its brand integrity within the specialized aviation sector.
M/S. Sudhakar Pvc Products Pvt. Ltd. v.Mahendra Pratap Singh
The Madras High Court closed Original Petition (Trade Marks) No. 58 of 2025 after both parties reached a settlement. The petitioner, M/S. Sudhakar PVC Products Pvt. Ltd., sought to remove or rectify the registration of trademark no. 6322916 in Class 17. The first respondent, Mahendra Pratap Singh, agreed to the removal via an undertaking submitted to the court. Consequently, the Registrar of Trademarks was directed to make the necessary corrections within four weeks.
M/S. Sudhakar Pvc Products Pvt. Ltd. v.Mahendra Pratap Singh
The Madras High Court closed Original Petition (Trade Marks) No. 58 of 2025 after both parties reached a settlement. The petitioner, M/S. Sudhakar PVC Products Pvt. Ltd., sought to remove or rectify the registration of trademark no. 6322916 in Class 17. The first respondent, Mahendra Pratap Singh, agreed to the removal via an undertaking submitted to the court. Consequently, the Registrar of Trademarks was directed to make the necessary corrections within four weeks.
Irish Distillers International Limited v.Stardford Spirits Pvt Ltd & Anr.
The Delhi High Court granted a rectification petition filed by Irish Distillers International Limited, leading to the cancellation of the 'BLUE SPOT' trademark registration held by Stardford Spirits Pvt Ltd. The court found that the respondent had failed to demonstrate bona fide use of the mark for over five years from its grant date. Given the lack of market presence and unrebutted evidence of non-use, the court ruled in favor of the petitioner, reinforcing the statutory grounds for trademark removal.
woodland aero club pvt ltd v.ms narayan enterprises anr
Woodland (Aero Club) Pvt. Ltd. sued M/S Narayan Enterprises for unauthorized use of its registered trademarks 'WOODLAND' and the Tree Mark Logo on jackets, causing likelihood of confusion among consumers. Defendant No. 1 was selling infringing jackets at a significantly lower price than Woodland’s genuine products.
Kikli Hospitality Pvt Ltd v.The Registrar Of Trade Marks And Anr
Kikli Hospitality Pvt Ltd filed a petition seeking the rectification of a trademark registration (TM Application no. 4287348) held by Respondent No. 2, alleging non-use of the mark for over five years in Class 43. The petitioner presented evidence suggesting that the registered party lacked necessary operational licenses and was not conducting services under the impugned mark. The Delhi High Court accepted the petition and issued directions to serve notice upon all parties before listing the matter for final adjudication.
M/S Nice Confectionary v.M/S Nice Food Products
The petition challenged an arbitration award related to a trademark dispute. The claimant (M/s Nice Food Products) alleged that the petitioner (M/s Nice Confectionary), who used the trademark 'PRIKA'S CHAA-PAT', breached the conditions of a 2005 license agreement. The court dismissed the petition, finding no merit in the claim.
M/S Prakash Pipes Limited v.Registrar Of Trademarks & Ors.
The Delhi High Court allowed a Rectification Petition filed by M/S Prakash Pipes Limited against the Registrar of Trademarks. The petition sought the cancellation and removal of the trade mark 'PARKASHPOWER' (Registration No. 4798175) from the register. With no objection from certain respondents, the court directed that the impugned mark be removed, thereby rectifying the trademark registry.
M/s.Sangeetha Caterers and Consultants LLP. v.M/s.Sangeetham House of Veg
The Madras High Court allowed a petition seeking the rectification and cancellation of a conflicting trademark. The petitioner, M/s.Sangeetha Caterers, successfully argued that the respondent's mark, 'SANGEETHAM HOUSE OF VEG,' was registered in bad faith after a court decree had already mandated the respondent to change their business name to 'Hotel Raagam - House of Veg.' The Court held that the registration was voidable because it suppressed prior litigation and compromise terms, ordering the Registrar of Trademarks to remove the conflicting mark forthwith.
M/s.Sangeetha Caterers and Consultants LLP. v.M/s.Sangeetham House of Veg
The Madras High Court allowed a petition seeking the rectification and cancellation of a conflicting trademark. The petitioner, M/s.Sangeetha Caterers, successfully argued that the respondent's mark, 'SANGEETHAM HOUSE OF VEG,' was registered in bad faith after a court decree had already mandated the respondent to change their business name to 'Hotel Raagam - House of Veg.' The Court held that the registration was voidable because it suppressed prior litigation and compromise terms, ordering the Registrar of Trademarks to remove the conflicting mark forthwith.
Manash Lifestyle Private Limited v.Anupam Srivastava & Anr.
Manash Lifestyle Private Limited filed a petition seeking rectification of a trademark registration under Section 57 of the Trade Marks Act, 1999. The petitioner challenged the registration of the mark 'VNYABAIE' in Class 3, which was registered in the name of Anupam Srivastava. The Delhi High Court issued notices to all parties and directed that the matter be listed before the Joint Registrar for completion of service and pleadings, setting a future date for hearing.
M/S. Polo / Lauren Company, L.P. v.M/S. Loren Beautifiers Pvt. Ltd. And Anr.
The Calcutta High Court allowed an application for rectification filed by M/S. Polo / Lauren Company against a similar trademark, 'LOREN'. The petitioner argued that the respondent's mark was registered dishonestly and created a likelihood of confusion with their established global brand, 'RALPH LAUREN'. Crucially, the court noted that the impugned registration had long lapsed and no steps were taken by the respondent to renew it. Consequently, the court directed the removal and expunging of the expired trademark entry.
Sri Narasu'S Coffee Company Pvt.Ltd v.S.Sudhakar
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company Pvt.Ltd against S.Sudhakar and others. The dismissal was not a ruling on the merits but rather an acceptance of a Memorandum of Compromise signed between the parties. This settlement effectively resolved the dispute regarding the 'Udhaiyam' trademark registration in Class 30.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. filed a petition seeking the cancellation and rectification of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359360 in Class 30. However, both parties subsequently entered into a Memorandum of Compromise. Consequently, the Madras High Court dismissed the petition as withdrawn, allowing the dispute to be resolved amicably between the involved parties.
Sri Narasu'S Coffee Company Pvt.Ltd v.S.Sudhakar
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company Pvt.Ltd against S.Sudhakar and others. The dismissal was not a ruling on the merits but rather an acceptance of a Memorandum of Compromise signed between the parties. This settlement effectively resolved the dispute regarding the 'Udhaiyam' trademark registration in Class 30.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. filed a petition seeking the cancellation and rectification of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359360 in Class 30. However, both parties subsequently entered into a Memorandum of Compromise. Consequently, the Madras High Court dismissed the petition as withdrawn, allowing the dispute to be resolved amicably between the involved parties.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Giriedharan and others (Shri Lakshmi Agro Foods)
The Madras High Court dismissed OP(TM) No. 50 of 2025 after the parties entered into a Memorandum of Compromise. The petitioner, M/s.Sri Narasu'S Coffee Company Pvt. Ltd., had sought the cancellation and rectification of the trademark 'Udhaiyam' registered by the respondents in Class 30. Given the mutual agreement reached between the parties, the court allowed the petition to be withdrawn.
Sri Narasu's Coffee Company Pvt. Ltd. v.M/S.Shri Lakshmi Agro Foods Pvt. Ltd.
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company against M/S.Shri Lakshmi Agro Foods Pvt. Ltd. The dispute, which sought to cancel the 'Udhaiyam' trademark registration in Class 30, was resolved amicably between the parties. Both sides entered into a Memorandum of Compromise, leading the petitioner to withdraw the original petition.
M/S.Sri Narasu'S Coffee Company Pvt. v.M/S.Shri Lakshmi Agro Agencies & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by M/S.Sri Narasu's Coffee Company Pvt. Ltd. against M/S.Shri Lakshmi Agro Agencies. The petitioner had sought to cancel the trademark registration 'Udhaiyam' in Class 30, citing grounds for invalidity. However, both parties subsequently entered into a Memorandum of Compromise and filed an additional joint memo requesting withdrawal. Consequently, the court accepted the request and dismissed the petition as withdrawn.
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