India Trademark Cases
3,667 decisions indexed
Page 21 of 123 · 3,667 total
A.D.Padmasingh Isaac v.M/s.Selvee Indigenous Food Factory India Pvt. Ltd.
The Madras High Court disposed of a complex trademark dispute involving the brands 'AACHI' and 'PARAMPARIYA APPACHI RICE'. The litigation, which sought to cancel a rival mark and restrain infringement, concluded amicably. Both parties entered into a Memorandum of Compromise (MoC) on January 7, 2025, leading the court to dispose of both the petition and the suit without awarding costs.
RPG Enterprises Limited v.RPG Industrial Products Pvt Ltd.
The Delhi High Court granted a rectification petition filed by RPG Enterprises Limited against RPG Industrial Products Pvt Ltd., leading to the cancellation of the respondent's trademark registration (No. 2778255). The court found that the impugned mark wrongfully incorporated the petitioner’s well-known 'RPG' brand, which has acquired distinctiveness and secondary meaning through long-standing use across various industries. This decision reinforces the principle that a registered mark cannot be maintained if it is deceptively similar to an established, widely recognized trademark.
Diamond Modular Pvt Ltd. v.Yash Arora As Trading As Siddhi Vinayak Traders And Anr.
The Delhi High Court allowed a rectification petition filed by Diamond Modular Pvt Ltd., leading to the cancellation of the respondent's trademark, 'GREEN DIAMOND.' The court found that the impugned mark was deceptively similar and identical to the petitioner's established trademark 'DIAMOND,' which had significant goodwill and reputation in the electrical goods market since 1975. Crucially, the judgment highlighted the dishonest adoption by the respondent, who was an ex-distributor of the petitioner, thereby reinforcing the principle against riding on a competitor's reputation.
Abacus Montessori School v.Abacus International Montessori School; The Registrar of Trade Marks
The Madras High Court ruled in favor of Abacus Montessori School, a long-standing educational institution, by ordering the expungement of a conflicting trademark registration held by Abacus International Montessori School. The court found that despite geographical proximity and differences in scope (e.g., 'International'), the identical use of the mark 'ABACUS' for similar educational services created a likelihood of confusion. The judgment emphasized the importance of prior user rights and established goodwill over subsequent registrations.
Global Health Limited And Anr v.John Doe And Ors
Global Health Limited successfully secured an interim injunction against defendants in a suit alleging trademark infringement, passing off, and violation of personality rights. The plaintiffs sought relief due to the circulation of fabricated 'deep fake' videos featuring Dr. Naresh Trehan, which used the protected brand name 'MEDANTA.' The court directed the defendants to immediately remove or disable the infringing content within strict timeframes, recognizing the irreparable harm caused by the unauthorized use of their intellectual property and goodwill.
Under Armour, Inc v.Pro-Train Sports Llp & Ors
In a trademark infringement suit filed by Under Armour against Pro-Train Sports LLP, the Delhi High Court addressed an application seeking exemption from mandatory pre-institution mediation. Despite the plaintiff alleging identical trade and business operations, including the use of similar logos (a bull), the court opted not to grant the exemption. Instead, it referred the matter to Pre-Institution Mediation, setting a date for January 15, 2025.
M/s.TTK Prestige Limited v.Sarvodaya Industries
M/s. TTK Prestige Limited filed a suit against Sarvodaya Industries alleging trademark and copyright infringement, as well as passing off. The plaintiff claimed that the defendant was using the deceptively similar mark 'PROTEIN' to infringe upon the registered trademarks and artistic logo of 'PRESTIGE'. Both parties ultimately reached an amicable settlement, which the court subsequently recorded and decreed.
Apollo Pipes Ltd v.Nirmal Polymers
Apollo Pipes Ltd filed a commercial suit seeking permanent injunction against Nirmal Polymers for infringing its well-known trademarks ('APOLLO', 'APL APOLLO'). The plaintiff alleged that the defendant was using deceptively similar marks like 'A ONE APOLLO' in relation to PVC pipes and building material products, causing financial loss and damaging goodwill. The court passed an ex-parte decree in favor of Apollo Pipes Ltd.
Junior Kuppanna Kitchens Pvt. Ltd. v.Kuppanna Foods
Junior Kuppanna Kitchens Pvt. Ltd filed suit against Kuppanna Foods, among others, alleging multiple infringements across trademarks and copyright. The plaintiff sought permanent injunctions to stop the use of deceptively similar marks like 'KUPPANNA FOODS' and 'Kuppanna', as well as damages for dilution and tarnishment. Ultimately, the parties reached a compromise, leading the Madras High Court to decree the suit based on the Memorandum of Compromise.
Tube Investments Of India Ltd. v.BSA-Regal Group Ltd.
This case involved disputes between Tube Investments Of India Ltd. and the BSA-Regal Group Ltd. concerning the use of the 'BSA' trademark on motorcycles, parts, and accessories. Both parties filed suits alleging infringement and passing off under the Trade Marks Act, 1999. However, during the proceedings before the Madras High Court, both plaintiffs successfully endorsed that their respective suits had been settled out of court.
Saif Hong Kong Holdings Ltd. v.John Doe/ Ashok Kumar And Ors
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Saif Hong Kong Holdings Ltd. against John Doe and others. The court granted several procedural reliefs, including exemption from pre-institution mediation and allowing the plaintiffs to file additional documents. Crucially, the court permitted specific service methods—such as email communication via designated Grievance Officers—for defendants located outside India or those identified as DNRs (Defendant Not Represented), while also exempting the plaintiff from advance service upon Defendant No. 1 due to the urgent nature of the relief sought.
Rahul Mishra & Anr. v.John Doe & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of fashion designer Rahul Mishra, restraining defendants from using or dealing in goods deceptively similar to his registered trademarks and trade names. The court also directed the defendant operating the website www.rahudress.com to immediately suspend the domain name and disclose complete details of the primary infringing entity (Defendant No. 1). This order protects both trademark rights and copyright/design rights related to Mishra's luxury apparel.
Bennett Coleman And Company Limited v.Two Star Media Private Limited
Bennett Coleman And Company Limited filed a petition seeking the removal of a deceptively similar trademark (LIVE TIMES) registered by Two Star Media Private Limited. The petitioner argued that its own trademarks, 'TIMES' and its family, are prior, extensively used since 1943, and highly reputed. The court accepted notice and directed both parties to file detailed replies within four weeks, setting the stage for a substantive hearing on trademark infringement and similarity.
Wipro Enterprises Private Limited v.Wipro Gas Service & Anr.
The Delhi High Court granted an interim injunction in favor of Wipro Enterprises Private Limited against Wipro Gas Service & Anr. The plaintiff sought protection for its well-known trademark 'WIPRO,' which it alleged was being infringed and used deceptively by the defendants. Given that the defendant failed to appear despite service, the court found a prima facie case existed, leading to an immediate restraint order on the use of the identical mark.
Phonepe Pvt Ltd & Anr. v.AGF Finlease India Ltd & Ors.
The Delhi High Court granted an interim injunction in favor of Phonepe Pvt Ltd against AGF Finlease India Ltd and others. The court found that the defendants were using deceptively similar marks like 'PHONEPEY' and 'PHONEPEY LOAN,' leading to infringement, passing off, and dilution of PhonePe's goodwill. Consequently, the court ordered a restraint on the use of these marks across various platforms and directed the suspension of specific domains and social media accounts.
Allied Blenders And Distillers Limited v.Tilaknagar Industries Limited & Ors
In a suit concerning alleged trademark, copyright, and passing off infringement, the Delhi High Court issued several procedural orders. Crucially, regarding the interim injunction application, the court accepted the defendants' commitment to immediately stop using the disputed label on new products as of December 26, 2024. This temporary relief is subject to the defendants exhausting their existing stock bearing the impugned label, which they must detail in an affidavit.
M/S GREENPLY INDUSTRIES LTD. v.M/S EVERGREEN VENEERS PVT. LTD.
The plaintiff, Greenply Industries Ltd., filed a suit seeking permanent injunction for alleged infringement of its registered trade mark 'GREEN' against the defendant, Evergreen Veneers Pvt. Ltd., who was using the mark 'EVERGREEN' on similar goods (plywood products). The court examined issues of delay and trademark similarity.
Evergreen Sweet House v.JV Evergreen Sweets And Treats & Ors.
The Delhi High Court granted an interim injunction in favor of Evergreen Sweet House against JV Evergreen Sweets And Treats. The court found a prima facie case of passing off, noting that the plaintiff has been operating under the 'Evergreen' mark since 1963, establishing significant goodwill and prior use. Given the defendant's recent entry into the market and the likelihood of customer confusion on food delivery platforms, the court restrained the defendants from using the infringing mark until the final suit adjudication.
Saint Gobain Construction Products UK Ltd. v.Mr.Tallam Uma Shankar Gupta
The Madras High Court allowed a petition seeking rectification of the Trade Marks Register, directing the removal of the mark 'GYPLOCK' (No. 3536418). The petitioner, Saint Gobain Construction Products UK Ltd., successfully argued that its established trademark 'GYPROC' was similar to the impugned mark and used on identical goods—building materials. Despite arguments regarding common trade terms ('GYP'), the court found the overall similarity between 'GYPROC' and 'GYPLOCK' likely to cause confusion, thereby protecting the purity of the register.
Khadi & Village Industries Commission v.Ms. Aparna Mallick And Anr.
The Delhi High Court ruled in favor of the Khadi & Village Industries Commission, granting a permanent injunction against Ms. Aparna Mallick and others for trademark infringement and passing off. The court found that the defendant's use of 'KHADISAREE' was deceptively similar to the plaintiff's well-known mark 'KHADI'. Furthermore, the Court ordered the transfer of the infringing domain name and awarded substantial damages and costs against the defendant due to their non-cooperation.
Gemini Edibles And Fats India Limited v.Dream Freedom Herbal Pvt. Ltd.
The Delhi High Court allowed a rectification petition filed by Gemini Edibles And Fats India Limited against Dream Freedom Herbal Pvt. Ltd., directing the removal of the respondent's trademark (No. 3213226). The court found that the impugned mark was deceptively similar to the petitioner's prior and well-reputed 'FREEDOM' marks, noting that the addition of a prefix did not differentiate it sufficiently. Given the identical nature of the goods and target consumers, the registration was deemed obtained dishonestly to trade upon the petitioner's goodwill.
Dabur India Limited v.Ms Usha Proprietor Of Rs Industries & Anr.
The Delhi High Court allowed Dabur India Limited's cancellation petition against a similar mark registered by Ms. Usha Proprietor Of Rs Industries. The court found that the impugned mark was confusingly and deceptively similar to Dabur's well-known trademark 'DABUR,' particularly given that both parties operate in the identical Class 3 goods (detergents, soaps, etc.). Citing prior use and established goodwill, the High Court directed the Trade Marks Registry to remove the infringing registration.
Mr. M. Anees Ahmed (M/s Ambur Star Briyani) v.Star Ambur Briyani
The Madras High Court ruled in favor of Mr. M. Anees Ahmed, granting a permanent injunction against the respondent for trademark infringement and passing off. The court found that the defendant's use of 'STAR AMBUR BRIYANI' was deceptively similar to the plaintiff's registered mark, 'AMBUR STAR BRIYANI,' which is associated with his restaurant business. While the claim for destruction of infringing stock was rejected due to lack of evidence, the suit was partly decreed.
Sun Pharmaceutical Laboratories Ltd v.Rspl Helathcare P Ltd & Anr.
The Delhi High Court addressed an appeal challenging a District Judge's order that had granted an ex parte injunction against Sun Pharmaceutical Laboratories Ltd, restraining it from using the trademark 'PRUEASE'. The court set aside this restrictive interim order. Instead, it directed the Trial Court to expedite the hearing of the original application filed by the respondents seeking injunctive relief, allowing both parties a chance to present their case.
Super Smelters Ltd. v.Rekha Tayal &Anr.
The Calcutta High Court ruled in favor of Super Smelters Ltd., a leading manufacturer of TMT Bars, in its application to rectify a trademark registration. The court found that the respondent's mark was deceptively identical and phonetically similar to the petitioner's established 'SUPER SHAKTI' brand. Crucially, the court noted a glaring error by the registrar who failed to consider the petitioner's prior registrations during the examination process. Consequently, the High Court ordered the cancellation of the impugned registration, affirming the petitioner's strong prima facie case and preventing consumer confusion.
M/s.Sri Modern Weigh Systems v.Nipro MACHOI P. Ltd.
The Madras High Court addressed appeals concerning the alleged deceptive similarity between the trademarks 'MACHOI' and 'MAKHOI'. The court accepted an undertaking from the appellants not to use 'MACHOI' or any remotely similar name in the future. Furthermore, the opposing party was directed to immediately apply for the cancellation of their registered trademark, which was deemed deceptively similar. This judgment provides a practical resolution through undertakings and administrative action rather than a definitive finding on infringement.
Disys India Private Limited v.The Registrar of Trademarks
The Madras High Court set aside an earlier refusal by the Registrar of Trademarks to grant registration for the mark 'DISYS'. The appeal argued that the refusal, based solely on phonetic similarity to another mark ('DISYSO'), failed to consider evidence of the appellant's long-standing use and acquired distinctiveness. The court found the original order was a non-speaking order, necessitating a remand back to the Registrar for fresh consideration of the application on its merits.
Innovative Health Care v.Innovative Healthcare (India) Pvt. Ltd.
The Madras High Court addressed an Original Application filed by Innovative Health Care seeking to restrain Innovative Healthcare (India) Pvt. Ltd. from using a deceptively similar trademark for medicinal preparations. The court decided to close the current application while granting the applicant full liberty to raise all its contentions in the main suit. This procedural step moves the dispute forward into the substantive litigation phase.
Puma Se v.Surender Singh And Anr.
The Delhi High Court allowed Puma Se's petition seeking cancellation of a deceptively similar trademark, 'P11MA,' registered by Surender Singh in Class 25. The court found that the respondent had slavishly copied the petitioner's established and well-known mark, PUMA, leading to a high likelihood of consumer confusion. Furthermore, the respondent voluntarily agreed not to contest the petition, solidifying the decision for removal.
Surindar Pal Singh v.Ichhadhari Lassi Old Ichhadhari Lassi and New Ichhadhari and Others
The Madhya Pradesh High Court listed the case involving Surindar Pal Singh and Ichhadhari Lassi Old Ichhadhari Lassi. The court granted time to both parties to verify the outcome or status of a pending rectification application filed under Section 57 of the Trademarks Act. This indicates that the dispute over the trademark's validity or registration is still active and awaiting further judicial determination.
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