India Trademark Cases
2,066 decisions indexed
Page 23 of 69 · 2,066 total
R.Subbulakshmi (Deceased) & others v.1/183 & others
This case involved complex disputes among the partners and legal heirs of a newspaper publishing firm, Dinamalar. The core issue revolved around the status and ownership of the firm's trademark following its dissolution. The Madras High Court addressed several related civil suits and original applications concerning partnership rights and intellectual property.
Mankind Pharma Limited v.Trivigya Bioscience
In a trademark dispute concerning the 'KIND' family of marks, Mankind Pharma Limited successfully secured an undertaking from Trivigya Bioscience. The respondent acknowledged the propriety of Mankind's marks and voluntarily agreed to cease using the contested mark CDKIND in relation to pharmaceutical preparations. Consequently, the rectification application was disposed of as not pressed, resolving the conflict amicably.
Bharathi Consumer Care Products Pvt.Ltd. v.Sanku Soap Works
Bharathi Consumer Care Products filed a suit against Sanku Soap Works alleging multiple infringements. The plaintiff claimed violations related to the deceptively similar use of their registered trademark 'SILVER FOAM XXX' and copyright in its artistic label/trade dress, as well as passing off. The initial prayers sought permanent injunctions and damages.
V. R. Holdings v.Hero Investocorp Limited & Anr.
This appeal before the Delhi High Court questioned the correctness of a single judge's decision that dismissed an appellant's petition for rectification under Section 57 of the Trade Marks Act. The core legal debate centered on whether the Letters Patent Appeal was maintainable, particularly in light of restrictions imposed by the Commercial Courts Act, 2015. Given the serious dispute and potential impact on pending cancellation proceedings, the Court granted an interim stay on the impugned judgment to balance the interests of both parties.
M/s. Wockhardt Limited v.Apex Laboratories Limited
The Madras High Court addressed an appeal challenging a trademark registration refusal. The appellant argued that the lower court's review was improperly exercised as an appeal, citing strict limitations on review jurisdiction. However, the Court found that the original decision failed to address key submissions made by the respondent regarding prior use and lack of evidence from the appellant. Consequently, the Court held that these omissions constituted 'errors apparent on the face of the record,' allowing the review order to stand.
M/s.Kaleesuwari Refinery Pvt. Ltd. v.M/s.Ennar Enterprises
M/s.Kaleesuwari Refinery Pvt. Ltd filed a suit against M/s.Ennar Enterprises alleging multiple infringements, including the unauthorized use of a deceptively similar trademark ('GOLD PRIME') and passing off their edible oil product. The plaintiff sought permanent injunctions protecting their registered trade mark 'Gold Winner' and associated copyright in packaging design. Ultimately, both parties reached an amicable resolution and settled the dispute.
Asian Paints Ltd. v.M. Senthilkumar
The applicant/plaintiff sought continuation of previously granted exparte ad-interim orders related to a passing off claim. Despite serving notice, the defendants remained absent. The court decided to continue the existing interim orders until further orders.
Bluechip Amusements (India) Pvt. Ltd. v.Crazy Concepts And Mazes Pvt.Ltd.
The Madras High Court dismissed the Original Petitions filed by Bluechip Amusements against Crazy Concepts and Mazes. The dismissal was due to non-prosecution, as the petitioner informed the court that they no longer operated their outlet under the name 'HORROR HOUSE.' This outcome highlights the importance of active litigation management in trademark disputes.
M/S Sharad Enterprises v.M/S Saboo Emery Stone Industries
The Rajasthan High Court dismissed the writ petition filed by M/S Sharad Enterprises, which sought to overturn a lower court's rejection of its plaint. The core dispute revolved around whether the respondent's trademark infringement suit was subject to mandatory pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015. The Court found that since the respondent had filed an application for temporary injunction and pleaded recurring business loss, the matter clearly contemplated urgency, thus exempting it from the strictures of Section 12-A.
ITC Limited v.Britannia Industries Ltd.
ITC Limited filed a suit against Britannia Industries Ltd. alleging imitation of its trade dress for biscuits. The defendant sought to reject the plaint on grounds including lack of urgency, failure to comply with pre-mediation requirements, and jurisdictional challenges. The Madras High Court dismissed the application to reject the plaint, finding that the plaintiff had established jurisdiction and that the case warranted consideration despite procedural objections.
Walgreen Co. v.The Registrar of Trademarks
Walgreen Co. filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'Finest Nutrition' in Class 5. However, before the court could rule on the merits of the appeal, the appellant voluntarily submitted a memo requesting its withdrawal. Consequently, the Madras High Court dismissed the case as withdrawn without passing any order regarding costs.
new era cap co inc v.ms galaxy caps
New Era Cap Co. Inc. sued M/S Galaxy Caps for trademark infringement, alleging that Galaxy Caps manufactured and sold counterfeit caps bearing New Era's 'NEW ERA' mark and associated logos without authorization. The Plaintiff claimed significant global sales and brand recognition, including endorsements from Virat Kohli. Local Commissioners seized over 200 infringing products from Galaxy Cap’s premises.
M/S Prestige Estate Projects Ltd. v.Svn Prestige Garden
The Karnataka High Court allowed an appeal filed by M/S Prestige Estate Projects Ltd. against a lower court's decision to return its trademark infringement suit. The appellant argued that the requirement for pre-institution mediation under Section 12A of the Commercial Courts Act did not apply because they had simultaneously sought urgent ad-interim injunction relief. The High Court agreed, holding that suits seeking urgent interim relief are exempt from this mandate, thereby setting aside the lower court's order and allowing the main suit to proceed.
Umaid Mohonot v.Union Of India
Umaid Mohonot appealed against an order dismissing their writ petitions, which challenged a show cause notice issued by the Registrar of Trade Marks. The appellants argued that the notice was invalid because related disputes concerning the 'Arrow' trademark were pending before the Delhi High Court and the Intellectual Property Appellate Board. The court ultimately held that the administrative action taken by the Registrar was distinct from the private inter se dispute, thus upholding the validity of the show cause notice.
M/s.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/s. Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s. Indianpasand Inc., alleging infringement of its registered trademarks (SANGU) and copyright in its artistic label design. The plaintiff sought permanent injunctions, damages, and surrender of infringing goods. Ultimately, the court decreed the suit based on a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
M/S.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/S.Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s.Indianpasand Inc., alleging trademark infringement, copyright violation, and passing off concerning its 'SANGU' brand. The plaintiff sought permanent injunctions and damages against the use of deceptively similar marks like 'SHIPPY.' Ultimately, the court decreed the suit in terms of a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
Tata Sky Limited (later Tata Play Limited) v.Linkedin Corporation And Ors.
The Delhi High Court addressed an ongoing trademark infringement suit filed by Tata Sky against LinkedIn concerning unauthorized use of the 'TATA SKY' brand on user profiles. Recognizing the recurring nature of fake and infringing profiles, the court issued specific directions to LinkedIn. These directions mandate that LinkedIn publicly disclose its Grievance Officer details, relevant policies, and Standard Operating Procedures (SOPs) related to handling such grievances under the IT Rules, aiming to establish an effective framework for redressal without requiring constant litigation.
Pradeep Stainless Indian Pvt. Ltd. v.M/S.Jb Enterprises
Pradeep Stainless Indian Pvt. Ltd. filed a civil suit against M/S.Jb Enterprises alleging infringement of its registered trade mark 'PRADEEP' and copyright violation concerning its packaging logo. The plaintiff sought perpetual injunctions, damages, and mandatory disclosure. However, the court noted that both parties had submitted a Deed of Settlement dated 31.01.2023, under which the suit was withdrawn. Consequently, the High Court dismissed the case.
Merck KGa-A v.Tablets (India) Limited
Merck KGa-A filed a Civil Miscellaneous Appeal challenging the registration of a trademark application by Tablets (India) Limited. The appeal sought to set aside an earlier order and prevent the issuance of a Registration Certificate for Application No.887909 in Class 5. However, before any substantive arguments were heard, Merck KGa-A chose to withdraw its appeal. Consequently, the Madras High Court dismissed the case as withdrawn.
Tv 18 Broadcast Limited v.Bennett, Coleman And Company Limited
The Delhi High Court dismissed the plaintiff's application for an interim injunction concerning trademark infringement. The dispute centered on the similarity between the marks "Bhaiyaji Kahin" and "Bhaiya Ji Superhit," used by two major media houses. The court found that, prima facie, there was no likelihood of confusion due to differences in show format (news debate vs. scripted infotainment) and the distinct channels on which they aired. Furthermore, the court held that the acquired distinctiveness of the plaintiff's mark could not be determined at this interlocutory stage.
M/S Crest Educations (P) Ltd v.M/S Career Launcher (I) Ltd
This case involves a dispute arising from a licensing contract between M/S Crest Educations (P) Ltd and M/S Career Launcher (I) Ltd. The respondent alleged that the petitioner violated the non-compete clause by operating a competing business under the brand name 'Team Satyam' at the licensed premises. The matter was adjudicated through arbitration, leading to an award of damages in favor of the respondent. The Delhi High Court upheld this arbitral award, finding no ground to interfere with the arbitrator's findings regarding the breach and the calculation of loss.
Varun Chopra & Jagdaman Kumar Chopra v.Shyam Sunder Chopra And Sons, Sampan Chopra, Vaibhav Chopra, Samvitee Foods Pvt Ltd
The Karnataka High Court ruled in favor of the plaintiffs, overturning a lower court's decision to reject their trademark infringement suit. The core issue was whether Section 20 of the CPC (territorial jurisdiction) was applicable despite provisions of the Trade Marks Act. The Court held that the special provisions of the Trademark Act do not oust the general principles of territorial jurisdiction under the Code of Civil Procedure, especially when the cause of action arises within the court's jurisdiction. Consequently, the matter was remanded back to the Trial Court for a fresh consideration of the plaint rejection application.
Three Plaintiffs v.Revision Petitioner (Defendant in original suit)
A suit was filed by three plaintiffs seeking permanent injunction against the defendant for using the trademark 'IONS'. The defendant challenged the plaint, which was dismissed. The present Civil Revision Petition challenged this dismissal, arguing that Article 227 grants unfettered power of superintendence. The Court held that Article 227 cannot be used to circumvent Section 8 of the Commercial Courts Act, and thus dismissed the revision petition.
UltraTech Cement Ltd. v.Ultratech Paints and Allied Products
The plaintiffs filed an Interim Application seeking a temporary injunction against the defendants. The court allowed the application, granting an interim order restraining the defendants from using the impugned name 'ULTRATECH' and associated domain names to infringe upon or pass off goods related to the well-known trade mark 'UltraTech'.
Ashique Exports (P) Ltd. v.Suresh K.K.
Ashique Exports (P) Ltd. filed an appeal challenging a lower court's judgment regarding trademark infringement and passing off related to its 'Super Wash – 555' washing soap. The Plaintiff alleged that the Defendants were using identical wrappers to deceive the public. However, the Madras High Court dismissed the appeal, primarily finding that the Plaintiff failed to prove prior use due to the inadmissibility of photocopied documents. Furthermore, the court held that the suit lacked territorial jurisdiction as the defendants' business was not within the court's limits.
ashok kumar sethi v.amazon technologies inc
Ashok Kumar Sethi and another sued Amazon Technologies Inc. for copyright infringement and passing off related to Henna Hair Colour products sold via Amazon's internet platform, alleging the use of identical labels 'Black Gold and Amin's'. The plaintiffs claimed significant advertising costs and a long-standing business presence under the trademark since 1993.
I Am The Ocean, LLC v.Registrar of Trade Marks
In this Bombay High Court ruling, the petitioner successfully challenged an Examiner's refusal to register their trademark. The court found that the original rejection was not a 'reasoned order' because it failed to consider detailed arguments regarding the mark's distinctiveness and its unique visual structure. Consequently, the high court set aside the refusal and remanded the matter back to the Registrar for reconsideration, ensuring all petitioner submissions are properly addressed.
Maharashtra Safe Chemists And Distributors Alliance Limited v.Sachin Bhausaheb Bhalekar & Anr.
The Bombay High Court dismissed the suit filed by Maharashtra Safe Chemists And Distributors Alliance Limited against Sachin Bhausaheb Bhalekar and others. The court found that since the disputed trademark was successfully removed from the register via a rectification petition, and the defendant provided affidavits confirming no commercial use of the mark had ever occurred, all prayers in the original suit were rendered infructuous. This decision effectively closed the infringement proceedings.
Vee Excel Drugs And Pharmaceuticals Pvt Ltd v.Hab Pharmaceuticals And Research Limited
The Delhi High Court dismissed an appeal filed by Vee Excel Drugs challenging the Intellectual Property Appellate Board's (IPAB) decision to cancel two pharmaceutical trademarks: 'VEGA ASIA' and 'VEGAH TABLETS'. The core issue revolved around determining prior use, particularly when one mark was registered on a 'proposed to be used basis.' The Court upheld the IPAB's finding that the subsequent user had the better right, emphasizing that the High Court should not re-appreciate evidence while exercising supervisory jurisdiction under Article 226.
Hindware Limited v.Anil Kumar & Ors.
In a significant development concerning trademark infringement, Hindware Limited successfully negotiated an amicable settlement with Defendant No. 1. The plaintiff agreed to drop its claim for damages provided that the defendant withdraws his pending trademark application and commits not to use the disputed mark 'HINDWARE' on his goods. This order marks a pragmatic resolution in the ongoing dispute.
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