India Trademark Cases
3,667 decisions indexed
Page 20 of 123 · 3,667 total
Cadbury Uk Limited v.ITC Limited
In this trademark dispute, the Calcutta High Court directed that the Registrar of Trademarks be formally included in the proceedings. This procedural step ensures all relevant parties are involved in the ongoing litigation between Cadbury UK Limited and ITC Limited. Furthermore, the court granted the petitioner liberty to carry out necessary informal amendments to their case filings. The matter is scheduled for further hearing on March 5th, 2025.
Pb Fintech Limited v.Policy Bazar Finance & Ors.
The Delhi High Court granted significant interim relief in favor of Pb Fintech Limited against various parties accused of trademark infringement. The court impleaded new defendants and issued strict injunctions restraining them from using deceptively similar marks like 'POLICYBAZAAR' or 'PAISABAZAAR'. Furthermore, the judgment directed domain registrars (DNRs) to immediately suspend and block infringing domains, and mandated ISPs to prevent access to these websites. The court also ordered the temporary suspension of a bank account linked to one of the alleged infringers.
Ajp Impex Private Limited v.The Registrar Of Trademark Delhi & Anr.
The Delhi High Court granted an interim stay in favor of Ajp Impex Private Limited regarding a trademark dispute. Despite the respondent failing to appear or file a reply, the court upheld and made absolute the existing interim order from February 2025. This decision allows the petitioner to maintain protection against the impugned mark until the final resolution of the main petition.
Manash Lifestyle Private Limited v.Shabina Kundial & Anr.
Manash Lifestyle Private Limited successfully petitioned for the rectification and removal of a deceptively similar trade mark registered by Shabina Kundial & Anr. The petitioner, which operates under the renowned FACES brand in beauty and wellness, demonstrated extensive prior use, goodwill, and reputation associated with its marks. The court found that the impugned mark was confusingly similar to the established FACES marks and was adopted dishonestly to ride over the petitioner's reputation, leading to the cancellation of the infringing registration.
Panasonic Holdings Corporation & Anr. v.Askhok Kumar & Ors.
In this Delhi High Court order concerning trademark infringement, the court granted an exemption from advanced service to allow the plaintiffs (Panasonic) to seek urgent interim relief. The core decision was the appointment of a Local Commissioner to conduct a comprehensive search and seizure operation at the defendants' premises. This action aims to confiscate counterfeit packaging materials bearing the 'ANCHOR' trademark, thereby protecting Panasonic's goodwill and preventing further infringement while the main suit proceeds.
P.Pandian v.The Registrar of Trade Marks
The Madras High Court ruled in favor of P.Pandian, directing the Registrar of Trade Marks to allow the renewal of the trademark 'WAHEED.' The court held that because the Registrar failed to issue the mandatory notice regarding the impending expiry of the registration, the petitioner was entitled to seek renewal despite the lapse of time. This judgment reinforces the principle that administrative failure by the Registry can override strict procedural deadlines.
Asia Match Company Pvt Ltd v.P.Sundaram
The Madras High Court allowed Asia Match Company Pvt Ltd to file additional documents in its rectification petition against P.Sundaram. The petitioner sought to introduce trade mark applications filed by the respondent's son, arguing they demonstrated deceptive similarity and concerted action. While the respondent raised several objections regarding relevance and timing, the court ruled that the issue of relevance could be determined during the trial phase, granting permission for filing while preserving the respondent's right to challenge admissibility later.
Interglobe Aviation Limited (Indigo) v.Mahindra Electric Automobile Limited & Anr.
The Delhi High Court allowed Interglobe Aviation Limited (Indigo) to submit crucial documentation related to its '6E' trademark registration. The plaintiff sought leave under the CPC to place on record certificates that were only obtained after the initial filing of the suit, arguing they were not in their possession at the time of litigation commencement. Given the defendants had no objection, the court granted the application, allowing the evidence to be formally included in the ongoing trademark dispute.
Svamaan Financial Services Private Limited v.Sammaan Capital Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Svamaan Financial Services Private Limited against Sammaan Capital Limited and others. The court found a prima facie case of trademark infringement because the competing mark 'SAMMAAN' is deceptively similar to the plaintiff's 'SVAMAAN' marks, and both parties operate in identical financial services sectors (granting loans). Despite initial challenges regarding the authenticity of the plaintiff's registration certificates, the court confirmed their validity through a status report from the Trade Marks Registry, thus upholding the injunction.
M/S Aravind Laboratories v.Payal Novelty Private Limited
In this trademark dispute concerning the 'Pearl Eyeflax Kum Kum Bindi,' the Calcutta High Court issued an interim order. The court directed the respondents to attempt modifications to their product's get-up and trade dress. Furthermore, they must submit copies of these proposed changes to the petitioner's advocates by March 13, 2025, allowing the litigation to proceed while addressing potential infringement concerns.
Aditya Birla Fashion And Retail Limited v.Friends Inc & Anr.
The Delhi High Court ruled in favor of Aditya Birla Fashion And Retail Limited, granting permanent injunctions against Friends Inc for infringing the 'PETER ENGLAND' trademark. Furthermore, the court declared 'PETER ENGLAND' as a well-known trademark under the Trade Marks Act, 1999. The judgment emphasized that compliance with initial restraining orders was sufficient to proceed toward final decree and recognition of brand reputation.
M/S Kaveri Plasto Containers Pvt Ltd v.M/S Kaveri Polymers
The Karnataka High Court allowed an appeal filed by M/S Kaveri Plasto Containers Pvt Ltd, setting aside a lower court's decision that had barred them from filing a trademark infringement suit without first undergoing pre-institution mediation. The High Court held that because the appellant sought urgent interim reliefs, such as temporary injunction and appointment of a court commissioner, the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act did not apply. Consequently, the original suit and all related applications were restored for trial.
M/S. Arvind Laboratories v.Mr. Pawan Kumar Singhania And Anr
In this trademark dispute, the Calcutta High Court issued an interim direction requiring the respondents to modify the get-up and trade dress of their product, 'Pearl Eyeflax Kum Kum Bindi.' The respondents were mandated to forward copies of these proposed changes to the petitioner's advocates by March 13, 2025. This order allows both parties time to adjust the disputed branding while keeping the litigation moving toward a resolution.
M/S.Sakthi Sai Safety Glass India & Sakthi Sai Glass Traders (Appellants) v.Compagnie De Saint-Gobain & Saint-Gobain India Private Limited (Respondents/Plaintiffs)
The Madras High Court dismissed appeals challenging an interim injunction granted to Saint-Gobain against Sakthi Sai Safety Glass India. The court found that the appellants, despite their contract with Saint-Gobain expiring, were infringing the 'Saint-Gobain' trademark by using it in connection with toughened glass products. Given the prima facie evidence of consumer confusion and dilution, the balance of convenience favored the trademark owner, upholding the injunction while allowing the main suit to proceed.
Anshul Vaish, Partner Rohit Wrapers v.Hari Om And Co. And Anr.
The Delhi High Court allowed a rectification petition filed by Anshul Vaish, Partner Rohit Wrapers, against Hari Om And Co. The court cancelled Respondent No. 1's registered mark because the petitioner demonstrated prior and continuous use of the dominant feature 'ROHIT' since 2000, predating the respondent's claim of use in 2005. Given the identical nature of the marks (despite language differences) and the commonality of goods, the court found that allowing the registration would inevitably cause confusion among consumers.
V.T. Varghese v.Jose Jacob and The Registrar of Trade marks
The Madras High Court dismissed the Original Petition filed by V.T. Varghese seeking rectification and removal of a registered trademark (No. 1334030). The dismissal was not based on the merits of the case, but rather due to non-prosecution, as the petitioner failed to appear before the court on multiple scheduled dates despite being given opportunities.
Purple Innovation, Llc v.Mr. Martin Davis Trading As M/S Purple Martin Mattreses And Ors.
The Delhi High Court permitted the plaintiff, Purple Innovation, LLC, to amend its plaint to incorporate details regarding three newly registered trademark applications. While the suit continues, the court noted that both parties use deceptively similar marks ('PURPLE' and 'PURPLE MARTIN') for mattresses. The court encouraged a settlement, instructing the plaintiff to consider dropping claims for costs and damages if the defendants agree to adopt a new mark.
Oracle America, Inc. v.Mr. Sandeep Khandelwal And Anr
The Delhi High Court allowed Oracle America's petition seeking rectification and cancellation of a rival trademark, JAVATPOINT/. The court found that the impugned mark was deceptively similar to Oracle's well-established 'JAVA' mark, which has been used since the 1990s. Given the identical target consumer base in educational services (Class 41), the court ruled that the respondent had dishonestly adopted the mark to ride on Oracle's goodwill and reputation, leading to its removal from the Trade Marks Register.
Mahle Gmbh v.Madan & Ors.
In a significant ruling concerning trademark infringement, the Delhi High Court allowed Mahle Gmbh to implead Mr. Ankur Jain (M/s A.J. Enterprises) as a defendant after local commissioner reports found counterfeit 'MAHLE' pistons at his premises. Consequently, the court extended the existing interim injunction order against this newly added party. This decision underscores the judiciary's willingness to ensure all parties involved in counterfeiting activities are brought before the court for proper adjudication.
The Good Stuff Private Ltd. v.Golden Chocolates Private Limited
The Madras High Court disposed of appeals between The Good Stuff Private Ltd. and Golden Chocolates Private Limited after the parties reached an amicable settlement regarding trademark disputes over 'Luvit Dairy Rich' and 'Appeal Dairy Rich'. Key terms included the respondent modifying its product label, withdrawing specific trademark and copyright applications, and agreeing not to challenge the appellant's existing trademarks. This resolution allows both parties to move forward without further litigation.
Goodai Global Inc v.Shahnawaz Siddiqu & Anr.
The Delhi High Court allowed a rectification petition filed by Goodai Global Inc against Shahnawaz Siddiqu & Anr., directing the removal of an identical device mark registration (No. 5635163) in Class 3. The court found that the respondent obtained the mark dishonestly and in bad faith, attempting to trade upon the petitioner's established goodwill associated with its 'Beauty of Joseon' brand. Given the clear intent to appropriate the petitioner's reputation, the registration was deemed liable for cancellation under Section 57 of the Trade Marks Act.
M/S. SONA BEVERAGES PVT LTD v.THE COCA-COLA COMPANY AND ANR
The Calcutta High Court allowed a petition filed by M/S. Sona Beverages Pvt Ltd seeking the removal of the mark 'SIMBA' registered in favor of The Coca-Cola Company. The court found that the trademark, which had lapsed on February 24, 2020, was never renewed despite receiving official notices from the Registry. Consequently, the court directed the expunging of the expired registration.
Birendra Prasad Sah v.Debendra Jalewal
The Gauhati High Court set aside several ex-parte orders passed by the Civil Judge, Nalbari, concerning a trademark infringement dispute over 'Matar Mixture.' The petitioner successfully argued that the respondent failed to adhere to procedural mandates, including providing notice before search and seizure (Misc. J Case 27/2023) and granting an injunction without allowing the defendant an opportunity to be heard (Misc. J Case 28/2023). While dismissing the revision petition on maintainability grounds, the court vacated the interim order, effectively protecting the petitioner's business operations pending further proceedings in the trial court.
M/s.Nico Quality Products v.M/s.N.C.Arya Snuff & Cigar Co.
This complex litigation before the Madras High Court revolves around the ownership and use of registered trademarks related to snuff and cigar products. M/s. Nico Quality Products sought permanent injunctions against alleged infringement and passing-off by M/s. N.C. Arya Snuff & Cigar Co., while other parties challenged the validity of an assignment deed. The court addressed multiple suits concerning trademark rights, including declarations regarding the legality of assignments.
Bajaj Resources Limited & Anr v.Goyal Herbals Private Limited & Ors
The Delhi High Court permitted the plaintiffs, Bajaj Resources Limited & Anr, to amend their original plaint in a trademark infringement and passing off suit. The court held that introducing subsequent trade mark registrations, evidence of enhanced goodwill, and relevant judicial records did not change the nature or character of the existing dispute. This decision allows the plaintiffs to strengthen their case by incorporating new statutory rights acquired after the suit's inception.
First Fiddle F & B Private Limited v.Big Fish Ventures
Plaintiffs, owners of the brand name "The Lord of the Drinks," sued Defendants for infringing their trademark and damaging goodwill. The plaintiffs alleged that the defendants misused the brand name after a franchise agreement was terminated, leading to public outrage and reputational harm.
Dcm Shriram Limited v.Mr Amreek Singh Chawla & Ors.
The defendants filed an application seeking vacation of an ex-parte ad interim injunction order granted to the plaintiff. The court considered arguments that the plaintiff had suppressed facts, specifically claiming they only discovered the infringing product on 30th October 2024, when in fact they were aware of the defendant's mark since 2018. Consequently, the court vacated the injunction and referred the matter to mediation.
Krbl Limited v.Praveen Kumar Buyyani & Ors.
The Delhi High Court allowed Krbl Limited's appeal, overturning a Commercial Court decision that had vacated an existing injunction. The court found that the respondent's use of 'Bharat Gate' for rice constituted clear infringement of the appellant's registered trademark 'India Gate.' Citing established legal precedents, the High Court held that prima facie evidence of infringement necessitates the continuation of the injunction to protect the goodwill and reputation of the original mark.
Gensol Electric Vehicles Pvt. Ltd. v.Mahindra Last Mile Mobility Limited
The Delhi High Court dismissed the plaintiff's interim injunction request concerning alleged trademark infringement. Gensol Electric Vehicles sought to restrain Mahindra Last Mile Mobility from using 'eZEO,' claiming prior rights over 'EZIO.' However, the court found that the plaintiff failed to establish a prima facie case for confusion, noting that the defendant had already launched its product while the plaintiff was yet to market theirs. The judgment emphasizes the importance of actual market presence and use when assessing likelihood of confusion.
Jitesh Kumar S/O Omprakash Maheshwary v.Babushah Ibrahimsha Juneja & Anr.
This appeal before the Gujarat High Court challenged an interim injunction granted by the Trial Court in Trademark Suit No. 1 of 2023. The original plaintiffs sought relief against alleged infringement of their registered copyright and passing-off of their trademark 'RAJ KHUSHBU' concerning Ayurvedic Medicinal Oils. The High Court, while not examining the merits of the underlying dispute, quashed the lower court's order on the grounds that it was non-speaking. Consequently, the injunction application was restored to the Trial Court for a fresh hearing.
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